The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-21
supreme Court Or The County or Kisas.
Before Judge morse


THE CITY OF BROOKLYN.
The argument upon the motion to dissolve the In
,Ss o' sa s sos,s n h
their seats q ths Board OF and which
junction had been served upsn the defendants togs
was proceeded with on Saturday, Mr. Crook appearing
in support Of the Injunction and Mr. Van Colt for the
Mr.. Orooks conn sneed his argument BY contend,
ing f0i tn. applicability Of the process. o. inu nc
gsus ones though, perhaps, precisely similar had
never arisen, nor had the order ever Issued In
this position he would shew lrst, that this .wss =
OWL sction. By the first section Of the code crimi
punish nentn Of an offence, ana here no punishment
was sought TO be inflicted 1t not therefore, orr
mDsl. In the second part OF the code, section o.
sctions in particular defined and this pro-
ceeding was one. IL would be easier matter to
apply the code to such cases If they could entirely
dvest themselves the ideas torme by the study OF
the law, but the old and became insensiby mixed
up together He would, however start with the
sumption that the Judge had forgotten that there
ever war such writ Q, quo wordnto. 1t by tn
code abolished and they had right to consider 1t
At all In the language Of the code, II is abo
lished, and the remedy msy be obtained by . civil
action under the provisions Of this chapter"
That the proceeding was a civil action being nosd
bad taken place ia the law with respect this pro-
Under the old Law. where the -dy was OBJ.
thar the dsfsnd.nt be and sscIsass was
In the code OF 1913 (which exempted the writ quo
the whole phraseoogy showed that the pro-
ceeoings could not be had unless tue defen dant
In office the Judgment being that he be ousted" or
put out and excluded, or kept out There no In.
stance OF the writ being granted in individual cases.
except in those Of lucrative offices 1t was not
applicable In the case Of = member OF Parliament
OF any Other legislative body Nins.tenths Of the
now appear proper ones in which to grant it; and
,be alteration OF the language appeared conclusive
the witt should issue to restrain and prevent wrongs
By the code Of lS49 which abolished the writ and made
the remedy obtainabe by civil action, the judgmen
to be that the party be excluded" not put out'
in tho old judgment II this did not there
10 be total change in the practice 1t meant nothing
Suppose that Engine Company No O. were to claim to
be supervsors They might come in and using similar
ly polite language the aldermen had done, tell
they might talk Till they bluen the case
az clear as mud &c, and turn them out neck
and heels There must be some remedy for such
o state of things though never before had a case
presented itself CT a majority being let loose
by the Legislature, and the codin-rs had fur.
mis- hed the only remedy whoh would meet the case.
Something had been said to the conduct of the At
torney General in allowing the proceedings IL had al
been the custom OF the Attorney General TO grant
permission on application which in this had bsen
madee in the uual manner and security given against
damage or expense accruing to the people and In
the emendatory code proposed in 1850 ibat which
II had passed) 1t proposed to insert
q clause that the Attorney General shan on sp-
plication &c, leaving It no longer optional with him
The defendant had called meeting, and when the
Board met had attempted to intrude there-this
taking the initistoJy and enough had been done to
call for the iDjonten The Code by Sec ais abolished
ing section directed to issue where it shall appear
scr leaving IL In the discretion of the Court
in all cases where 1t was desirable to obtain
remedy or prevent an evil Unless 1t we're as
In this care, no legislative body would be- safe,
They took the point that injunction is applicable
in all civil cssss There moral constitutional
or legalreason why 1t should no. issue in such
prese ntsd to the court The effect OF It would
carry out every remedy sought Forgetting there
had beep writ of quo the court would look
upon this as a civil action to exclude the defendants
M n he An N Ia or m Of tA1y Yha
exclusion was far preferable nasmuch as prevention
better than curen
Mr.. Van Colt would like TO hear the counsel on the
subject OF these gentlemeas right.
Mr. Crooke had cenhned himself to the naked case,
aud had only proceeded shsw whether the court had
the power to RESTRAIN them. 1t would require some
time to argue the constitutional right.
The Judge intimated he would prefer to hear the
whole Gaze argued, aud
Mr.. Crooke proceeded to read the affidavit Of Mr.
Van Colt in support OF the alleged right OF the defen
dants, which forth that the defendants had been
elected aldermen, had taken the oath, aud that, ut
the trs ting II Was determined by loti that the
said aldermen should belong to tho second class and
such were supervisors. Mr. Crooke explsined that,
under the Brooklyn city charter passed 4th April,
le60, which prescribed that the Board Of Aldermen
Should at it's fret meeting be divided into two Glasses
to be determined by lot" IN open Board-the nrst
class to be judges the City Court and said aldermen
OF the second class to be supervisors The DESCENDANTS
claim ed 10 be 90 by that act their term Of Office as
supervisors to commence the fret day OF April
next out by act pass.d the Gath Of January last
IL was TO commerce. immediately The objections to
referred TO article 10, section OF the consti ution
which provides that All county officers whose cleo
tuition ,ha be elected by the elector. of
counties appointed by tbs Boards Of Supervisors or
other county suhorts asthe Legislature shall direct
All city and yillsge officers, whore election or
appointment IL net provided TOR by t0s tuition
shall be elected BY the electors Of such cities towns
snd villages OF division thereof or appointed
by such authorities thereof ne the Legislature shall
dttis Tor that purpose All other officers whose
election or appointment Is not provided Tor oy tpis
lint. and oil or OH
after b. created by Law shall be elected oy the psops
or appointed rs the Legislature may direct.n Tue
election OF the dsf-ooants rs aldermen gave
them no right TO the Office supervisors; they did
lot claim IL as incident TO their appoint msut, aud one
The Legislature of New York had said thai the poxers
outee of supervisors should dsvolve on ths Nay
or Recorder ana Aldermen OF the city Of New YORK;
but they had not made them supervisors This vas
familiar care but an attempt to create specific
cfiee In such q manner, had never before been
made. on the Gath January, there such otiis
as sup.ryisors; aud for the Legislature to declare
that the defendants should be 90 imme iittslv,
Va, clearly bad, 1t was doing that by implcaslon,
that they bai no power To do directly The
~beIs ~ stem was, by the constitution, founded on
selection and choice And In this they might ne
veil pass act that the names of a the inhabitants
he placed In hat, and eleven drawn out 70 be super
visors. IL Was monstrous abuse aud departure from
Here we're tw.ptytso naaes put in hat, and eleven
drswn out to be judges and ekven to be supervisors
Some Of those iottsried" Into the Office OF supsrvi
sors might perhaps make very COED Judges, and cce
resa; bat all trusted TO blind chance and the In
hsbisnts Of the whole county were exposed TO be tor
tpred by the statute OF fortune 1t vas the first
ease OF the Kind that had occurred In the STATE IL
had been mooted that Of the judges were chosen
by lottery but 10 not go That the classes should
be 80 decided was old practice and permitted by
the constitution but that merely rs to the tenure
duration Of Office But here they got Into the once
by the drawing, and they might just ss well do 80 BY
throsiDg dice By the 4th section Of the charter ell
the wards Of the city OF Brooklyn we're declared to be
towns OF the county Of Kinss and let be declared
that the lottery IL illegal aud then they could each
elect supervisor; and he would ask ~ man ana
citizen. which beet for the community On every
ground OF policy, ~as desirable that u should be
elective II the Legislature cay that those who are
elected for office the lst April shall oommenc their
duties forthwith call what they would, 10 IL appent-
ing. They cannot cay either that naming steven In
lieu Of Elk (vhose term expired the LIST January
was filing vacancy, had the Legislature the pos
er, directly, even TO NIL . vacancy
Mr.. Van Cott would AK prelimnarily, where was
the great practical mischief apprehended The county
Of Kings contained l3o GO nhabitants of which up
wards OF 20 COO citizens Of Brooklyn; that was