The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-30

the judges Of tie Superior Court, kss, without
color OF law or usti6casion assu ned the preross-
i've OF Directing and sontrolling The municipal le-
sSsns q. e Ma a., city y ,ss e. e pro-
the city OF Now Yosk from performing Legislative
aot supposed By him to be probably about TO be
performed, and summoning the nid Mayer. Alder
show cause why tho said injunction should not Be
perpetual And whereas the said injunction Issued
at the close Of session, and throwing forward tho
period o. such showing Of cause beyond tbs expi-
has been pending for months, besrs on its face Q
character OF indirection not less unustifsble and
Dot less UNIV orhy Of the judiciary than the usur-
patton Of authority and jurisdiction whicn Is con
Ana whereas, if tho legislative sct in question
should prove, on judicial investigation to be open
TO any objection Of iegslity or unoonstitusonaity,
there would always exist ample opportunity for
hrst proceed Dgs Of the parties authorized sasry
the same into effect. And whereas If such q pre-
cedcnt of unwarranted. and unwarrantable inter-
duties Of legislative body, attempted BY Judge,
be submitted 70, or tolerated without jus, rsbuEe,
not only will the whole municipal Isgsa. lion OF this
city, with its half million of Inhabitants. be sub.
judge who might be found willing to come forward
with attempted vetoes in the form Of injunctlons,
but the next natural step Of judicial usarpaton
Will be to arrest and Veto in similar manner, the
judges opinion of constitutionality, expedienoy or
motive, at the close Of session, when all business
OF importance is usually completed And whereas,
the reasons alleged therefor are equally untenabe
in law and unfounded in fact
Resolved, That rs this Common Council will not
encroach on the lawful jurisdiction and 20 wers Of
any other public authority Or body, 50 also viii! it
never ailo. any other TO interfere unlawfuly with
Its own, which it holds from the people, and which
1t ID bound to exercise according to its own judg
msnt, and on its own responsibilities, and not 40.
coIdng TO the views and directions Of any judge
other individual citizen and that it is the duty Of
the Common Council on this unprecedented occasion
to protect its own dignity and tho rights of the
people OF the city Of New York, its CON tituency,
hy utterly disregarding the said Injunction upon its
same.
Resolved, That the Common Council have an
equal authority and right to suspect and impute
improper motives to any intended judicial decision
rest his actien on the bench as such Judge has in
Council
which the Injunction in question is directed It was
adopted by the Common Council on grounds Of pub
lie expedency Justice and right, for the best good Of
the city. both in regard to the accommodation and
the city treasury, and also on petitions from more
than thirty thousand citizens and that nothing has
yet appeared which shakes the ground on which it
was SO adopted, and that shrink from no discus
foundations of these grounds, and the of
action, collectively or individually Which was
adopted BY the following vote, viz =
observation-disclosures Moore, Haley, Sturtevant,
Oakley, Barr, Tweed, the President, Aldermen Bris-
icy, Smith, Bard, Denman, Cornell, Peck-l3.
observation-disclosures Boyce, Francis, Ward, Do
herty-4
MOTION.
Alderman CoRNRLL moved that when this Board
adjourn, It win adjourn to meet to morrsx, Thurs
day, evening, at 5 o'clock P. NJ which was carried
On motion, the Board then adjourned.
d. 7. VALENTINE, Clerk.
BOARD OF ASSISTANT ALDERMEN
Wednesday, Dec 20, 1852.
chair, Ae.ms Brown, Mabbatt, O'Brien, Broaden,
woodward, Ring, Wells, Anderson, Bouton, Nc
Gown, Wright, Whelsn, Barker, Rogers, the Pre-.
'idens, Valentine, MoConksy
Of George Grogan. for remuneration for damage
sustained by the bursting Of Crot0n pipe, filing
up portion Of sewer in Sixth street, between Sc
cond and Third avenues. for which he was contrao-
tor. 10 Committee on Finance.
By Assistant Alderman MABBATr Of NJ. ALT
son, for remission of tax. To Committee on FL
nance.
By the same-R emonstrance of J. and j. W.
Meeks against the extension of Sixth avenue rail-
road through Vesey, Church and Barclay streets.
To Special Committee on Sixth and Eighth Avenue
Railroads.
By Assistant Alderman RING OF George c.
ByInes for leaseof pier 81 North river, and half of
bulk head on each side To Committee on Finance
COMMUNICATIONS.
From the Street Commissioner Enclosing esti-
mates for tagging, SO in Rivington street, be-
tween Bovery and Chrystie street To Committee
on Streets.
RESOLUTIONS.
By Assistant Alderman BREADEN-That the cross
walk on east corner of Centre and Pearl streets be
relaid Adopted.
BY same-rhat the crosswalk be laid at the cor
&C: ef Elm and Gaiharns streets. Adopted
By Assistant Alderman McCoNKEY-"I.. ats vacant
lots west side Of Ninth avenue, between Thirtieth
and Thirty seventh streets, be fenced in. Adopted
By Assistant Alderman WooDwARD-That side.
walks in iron. Of Nos l07t 100, and Ill, (new
nunber) Division street, commencing at corner of
Pike street, be newly tagged, and new curb and
gutter stones set. Adopted.
By Assistant Alderman McCoNKEY-That sunken
lots on east side Of Broadway, between Thirty
eighth and Thirty ninth streets, be filed in.
Adopted.
From Edward Sanford, resigniDg his situation rs
Clerk 10 this Board. Accepted, and ordered
file.
OF Warren Light Guard, to attend ball at Chi
nese Assembly Rooms, on the evening of January
TO- Accepted.
REPORTS
OF Committee on Fnance-To concur to grant
permission TO the Hudson River Railroad Company
to lay rails pier No As. North rivers in favor Of
referring the report in favor of building new en-
Eihc yoI SoupdHy w ~, " Lie OOulmttIee on Iuo
Fire Departments to concur to pay bin Of Daniel
Lee for ammunition furnished to fire salute 18th
November; to concur in application Of Murphy s.
Hagan for relief, to pay ther, balance for sewer.
All concurred in, each By the following vote:
Afirmhive-The President, Messrs Brown, Nab
haiti, O'Bricn, Rodman, Broaden. Wood ward,
Weils Anderson, Bouton, McGonn, Wright, Vince
Ian, Barker, Rogers, Ring, Valentine, Nc Conkey-
IS.
Of Committee ON Police-In favour of contracting
with hessrs Robinson s Miller to construct tele-
graph apparatus to connect with the Office of the
Chief OF Police and various station houses through
out the city, for the despatch Of information 10
Of fires and riots, and appropriating $l2, 500
therefor Concurred in by the following vote:-
Afirmative-The President, Messrs Brown, Nab.
bait, q BrieD, Rodnan, Broaden, Wood ward, Wells,
Anderson, Bouton. McGo.n, Wright, Wheelan,
Barker, Rogers, Ring, Valentine, McConkey-l6
FROM THE BOARD OF ALDERMEN
Resolution-ln favour Of Gilbert s. Nixon for
500, in addition TO his present salary, for 1852
Concurred in by the following vote:-
Affrmstiye-The President, Messrs. Brown, Nab
bait. q Brien, Rodm an, Broaden, Woodward, Wells,