New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-10
OSWEGO-(Complete

the Texian Wings are but wretchedly org anized
it is not likely there are many Wings among the
number.
The Omnibus DInicnIty-OpInisn Of Justice
mOuntfort.
Justice Mountfort on Thursday gave his decision
in the case of The People, &c, rs. Hamilton Wea.
yer, Ralph D. Martin, John Milrose, William
Holt William Vader, George Houston, and Jared
Cook, Omnibus Drivers of Berthe Ryerson's
stages. The complaint against the first four
named defendants, is for a violation of the eighth
and ninth sections of title one, chapter ffy-nine
of the Ordinances OF the Corporation of the City
of New.York and the complaint against the
three last named defendants is for violation of
section nine of the same chapter.
Justice Mountfort read the law, the substance
of which was that the Mayor has a right to issue
licenses and revoke them; that no person shall
keep or drive an unlicensed coach or stage under
penalty Of $50, and no person shall drive unless
be be o. years age and hold license from the
Mayor under penalty of 10. Some extracts from
an act of the Legislature regulating the police of
the City, passed May 7, 1874, and an amendment
thereto, passed May 10, 1916, were also read
They prescribed the course of proceedings on
and were considered by Justice NJ as applicable
to the present case. He then continued as fol-
lows:
Such is the law. Inow advert to the testimony
1t is clearly proven that on the 18th day OF Feb
bruAry, 1851, Hamilton Weaver, Ralph ID. Martin
John Mirose, and William Holt, were each driv
ing a stage in the city of New-York for hire
wages, and receiving fare from the passengers in
the stages, so driven by them respectively, with
out said stages being licensed as required by law,
the license Of each of said stages having been re-
vok by the MAY or on the eighth day OF the Same
month
1t is also fully proven by competent testim ony,
that on the said 18th day of February, 1851, Will
liam Vader, George Houston and James Cook,
each drove stage in said city, without having
obtained license from the Mayor for such pur.
pose and that neither of the stages driven by
said Vader Houston, aud Cook, respectively were
licensed as required by law, the license of each
of said stages having been revoked by the Mayor
on the 6th of said month of February.
1t is not my province, or part OF my official
duty to scan the acts of the Mayor, and | am not
therefore now to decide or express an opinion,
whether the revocation of the licenses for said
stages 40 driven by the defendants, was legal or
proper. Having confidence, however, IN the great
integrity of character Of Mayor KingslaDd, doubt
not that he has acted cOnsclentiOusly in the mat
ter and in the firm belief that it was not only his
legal prerogative, but his duty, to revoke said
licenses. AS the legality of such revocation, and
the constitutionality of the law will probably be
tested before the proper tribunal competent to
decide on such questions, | shall refrain from
making any further remarks on that subject. l
will take this occasion to say, that in my judg-
ment section l, of title l, of chapter SO, OF the
ordinance OF stages or accommodation coaches,
should be so amended as to relieve the Mayor OF
the almost desPotic power now vested IN that
functOnary by law.
The power of authorizing, establishing or dis
continuing stage routes in the City Of New York,
is matter of more interest and importance TO the
CITY than has hitherto been supposed; and 1t
should never have been parted with by the Com
mon Council, but retaining 10 themselves such
right the routes should be designated by Ordl'
nance. After the several stage routes have been
80 fixed upon and established, every citizen OF
the age of 81 years and upward, and the owner OF
two good horses and a suitable accommodation
stage should be licensed to drive on one OF such
routes under suitable regulations and restrictions.
The unjust monopoly OF stage routes by capital
lists would thus be broken up, and men Of moder-
ate means thereby be enabled to embark in the
business i have no doubt the public would be az
well accommodated
In nv opinion, it would have been better for
Messrs Bertine RyersOn to have petitioned the
Common Council for relief, after the revocation oil
the licenses of their stages by the Mayor; and
then. if the Mayor bad not just reasons for revok-
ing those licenses, the Common Council would,
doubt not have restored them. | do net know,
and have not asked the Mayor, his reasons for
such revocation, but this know, that it would be
contrary to the spirit of our Republican institu-
tons inconsistent with our legal jurisprudence,
and at variance with the genius of the American
people, for public functiOnary, merely through
caprice or the qualification Of personal prejudice,
TO exerciae the power vested IN him By law, ty'
ranicsly, oppressivey, or uDjustly.
If the law ITSELF however, NAV seem oppressive
or unjust to a portion Of our citizens. the fault,
there be any should not be attributed TO MIN who
administers the law uprightly honestly and
firmly; but 10 those by whom such laws are
enacted. The people. through their representa-
tyes in the public councils, make the laws for the
government of the whole body polite, and the
same power can amend or repeal them when they
become odious or unsuited TO the popular Will.
But 90 long as a law remains on the statute book
unre pealed. the ministers Of the law are bound
by their official oaths, and by their duty to that
same people, to enforce and maintain those laws.
And be who shrinks therefrom is unworthy the
station be occupies, being either ignorant OF the
law, or too mercenRry 10 execute 1t faithfully and
feRressy.
II the defendants in the cases now before me,
were permitted longer to violate with impunlty
the laws which have quoted, why may not the
Fugitive Slave law, as il is termed, passed AZ tne
last session of Congress- or any act OF our netlon
al or State Legislatures or OF our City Govern
ment be violated with equal imPunity oy otner
portions Of our citizens, and with as much plausl
bity and consistency
| DO, therefore, convict the said Hamilton Wea'
yer. Ralph d. Martin, John Milrose, and william
Holt each and severally, Of mIsdemeanor, In
having, on the 18th day Of February, 1871, been
guilty Of violation of Sec :, title l. cnaPter ~