New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-14
CouRT OF APpEALs.-THE AUDITOR

MANpAMUs CAsE.-Aibany, April u.
The People FL. rel E5ostus X Phelps, Defendants IN
Error vs. George George W. NeoeH AUDITOR &c, Plain
tiff in Error-RUGGLEs, &. j. Are the Counsel ready
to proceed with the set down for this morningf
Mr. SPENCER-les sir.
Mr. FooT-If the Court please, although am not Of
present authorized appear in this case Is proper TO
mention that law has been introduced IN the Lcgsa-
tue which has passed one House ana received acoh n
the other authorizing the Governor 10 employ Counsei
10 appear in this case for the purpose OF maintaining the
constituonaity of the Canal law In contemplation OF
the action Of the LEGISLATURE the Governor wrote to
Judge Bronson and spoke to me, some days since, ex
pressing the Intention if authorized to do TO retain us
to argue the constitutional question arising in this cause
In of this ntimation have devoted the bret Tune
which has interviewed, in preparation and so, as un
derstand has Judge Bronson. He Is expected in town
this morning but have not yet been able to prepare
our points We will probably be ready to proceed on
"Wednesday morning. and then TO take such action as
we shall deem it to be our duty to take
Mr. SPENCER-1t may be ungracious In us 10 oDect
to this request and do not wish to appear exactly as
Directing although the parties all were prepared TO ar
que the In regard TO the constutlonaly OF the
law mean 10 maintain it but would be glad OF the
aid of the distinguished counsel who are TO be retained
Unjust, nevertheless, in justice to myself say that feel
able TO pesent the points of the bearing upon the
consutionaly of the law. The Legislature Is about TO
adjourn and in view of tins II may be OF vast
importance to have ii decided before that event feel
bound to Fay this much to the Count j think delay
should not be granted beyond tomorrow morning. But
why might not go with the argument nowf The
would not, probably, be finished to-day IL Il inn
be speedy decisiontha the sould be brought TO
close before the adjournment of the Legislature Some
action may be necessary by that body cannot how
ever intepose objection to the suggestion when the
Governor requests brief postponement-
Mr. BEARDSIEy-lf the Court will look Mt the calen-
dar it will perceive that case, in which Messrs. But
Ter and OConnor counsel, may be reached to-mor-
row, which, if commenced, will probably occupy three
days This would put OIL this until Friday Sat
urday The Court would, infer from looking at the
calendar find business for to-day 1t is certainly ungra
cious inerpose any objection to the request of
sci employed by the Governor to argue the constitution
atty of the law We are ready Judge DEMO and my
selD to co on to-day
Mr. FooTE--I will state fact In addition to whatl
have said am counsel in cases four and five. They
have been set down, reserved cases for tomorrow.
They will not occupy more than that day. So that the
Court will not be embarrassed by any other case which
may come ill.,
HUGHES c. 1.-THE Court think the should BIO
postponed till tomorrow morning; and Is therefore
set down to be heard at that time.
The following the counsel employed IN this case
For the -luditor-JoHN C. SPENCER.
For Mr.. Phelps, Alchemy q. WHEATON.
Acaist the CoaufioEality Of the Lao-Messrs Boards
LEY and DEMO.
For Consttusionaty Of the Latc-Messrs. BRONSON
and FooTE.
Population
al and saff