New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-24

such Ddyuest sna b r-rde-e urcn the sane beng al
lowed Justice Of tie Supreme Coar and tn> Ccs Of
Arps.is sss fan ro-cr r-v~. By
behalf OF the people such ufgnent rendered ~ she
Sapis Court in a,or Of any defendant CHARGE with
crinr a. OF, nse"
dr-i, Of this law was prepared time 10 Decem
Der ISL before Judge Roosevelt had taken his seal 90
The bench without the reference 10 the csssS o.
CLARK snd Sullivan which, in fact were not arsusd unia
the February term 1882 and was forwarded 70 Aioany
IN Janusry, shortly after The meeting q TIE LeySs'are
kwSs first presented in the Senate pursuant 70 previous
notice. by Mr. Tsber of Absny, Chsn whom aParcr and
more benevolent is not to be fountJ on tne 2ist o.
February read the nsst and second times BY anAnI
nous consent, and referred 10 the Comnxsse ON INC
Judiciary On the 25h Of Fcbrnsry, JUG. Fsnfereih
from the Committee the Jude airy, reported N hTor
OF rs passage, aud Il was eonm.ttcd>to the Committee
OF the Nhoe There Il remain Ell until tho 9th OF March,
when by Hsaassoss eosseri. II ordered 10 third
rcasing On the s,a OF March. Il was reported By Mr.
Clark IS correctly ensrossed and the 18Th ofMrch
i. read third time and unanimously passed III.
Senate On the 20rh OF Msrch by unanimous consent
il was taken up in the House, unanimously amended
and ordered 10 third reading real a third time aud
returned TO the Senate On the s2i OF March. IL was
aesn taken up in the Senate, the amendment unsni-
rfous,y corc,Hred in and the bin returned the Assem-
bly, and having received the Gosernors signature, be-
came law. SO much for the mole and manner IN
which the law smugycd through the Legislature
OF the causes which led is passage proceed to peak
Prior the decision of the Court OF Appeals In the
case of The People Corning q Cons. ID the right
10 bring wriis behalf Of the people IN criminal
cases had always been exercised this State since the
Revised Statutes of 1890 and the Court OF Appeals IN
the case Of The People Adsms. q CONS p. l13) hsd
themselves sanctioned the practice by Affirming Jais.
mept of the supreme Court, reversing al the instance
of the people Judgment Ia favor Of the defendant IN
the New.york Sessions. The RICH. had repeatedly
been exercised in England and believe was mover
there questioned. In Csrnings case. however. the
question was distinctly raised both in the Supreme
Court and the Court OF Appeals the former sustain
ING the right and the LATTER after twenty years practice
20 the contrary determining against the right Sach be-
inc the decision of the Court OF last resort appa
rect that unless legislative AID was furnished the public
in matters OF the most vital Importance, were ut the
mercy Of Courts Of limited snd inferior Juri.dicfom.
and however erroneous in point OF law their decisions
might be- If against the people there was no remedy
This stkngy illustrated in the case ct The People
vs. Pheps indicted In the Ontario County Sessions for
forgery IN passing counterfeit notes OF of the
Associated Bsnks the Indictment being denurred 10
on the ground that the act authorizing these Banks
WAS Unconstitutional, and on argument the de-
nurrer was sustained thus determining Is was no
crime in that county to pass counterfeit notes OF the
Banks Incorporated under the general law.
Carefully framed go 10 preclude the slightest con
stuonpl objection. not even comforting upon the pee
pie the riht to Bill of Exceptions aud specially ex.
ceItins from ts provisions OF acqual by Jury
this much abused law passed On the 2si OF March,
1889 In the month OF February preceding the eases
OF Clark and Sullivan were argued but not decided I'M
Ill May term nearly two months ater the passage OF the
law
WIN any lawyer of fair repute inform what vested
right the prisoner had acquired before the Judgment Of
the Supreme Court wac pronounced UP 10 that mo-
nent the judgment Of the Oyer and Terminor was In
full and effect the execution Of the sentence alone
being stayed As TO IL being post facfo law.
can eny saw that until the definition OF those words ~
furnished by Blackstone, and expOGnded by the ia.
preme Court of the United States shall be altered ~
some more competent authority, shall not attempt
10 defend the law In question from this mpufaton Nor
wns the law rdrodctirs but the and although
the RICH, pass retroactive lswss fully settled as with.
in the power of the State Legislatures to pass II they
please am one Of those, who, admitting the power,
doubt the proeriey Il ia exercise.
Such plsis unvarnshed history OF the law In qucs
ton; the prophety, constutonaty and application OF
which 20 the OF Clark and sullivan, fully dis
cussed before and decided by the Court of Appeals
motion to Dismiss the writs Of error.
o. the necessity of some paramount, tribunal possess
ing the power TO finally determine what the law H. amid
TIC conflicting decisions Of Courts Of concurrent ris
dctoD leave your readers and the public 10 Determine.
have my elf been trained TO bow with Difference TO tho
decisions Courts until reversed by higher tb-
unal and commend to those who set up the standard
oftbeir opinion against the judgment OF the consu
uted tribunals OF the land the apostle remarks OF Lord
Bacon
fde qeo judieis recpttur gussi.o; ssd De s
entd, sire y'oye su juris aut JaefL"
No question IL to be made of the and duty Of
Judge but OF his knowledge, whether he "a mistaken ~
to law or fact OF the case, 1t may
STRASGERs-At the METROPOLITAN, Hon.
Louis McLane, Baltimore judge Mous New York; Capt
D Tyler ScTwsa Gs01s s, Msksy ~ M.rysns
PhiDS.. bI ms91. sSndssp0 s IT. Xss.. Dsso k'y
Louisville IL r. MORGAN, Norfolk NJ, Sherwood, Cali
iornia; J q Browne, Boston; chas Hodsms1, II Louis
At the Asrcs 3. Sunderland; Syracuse 8. Scranton
R NJ. T. Hunter, Va w A. Shepard, Buffalo Ben Poors
Mas IS Lincoln; Boston Thomas r r Cobb, Ga
quincy. Boston, and others.
AZ iss IsvyGspI C. Aos 1y.,. ssI'yys.nS Ohio.
Hon H. T.. spaldins Ohio Judge McConhie, Troy Luther
NJ Lee. Yale College Capt pustres Detroit b stu,-
n Col B. IL Henderson, Mercer, Pa J. c. Convene.
Boston b Tyler, Springfield j Tsr,en Mobile;
Rev L. r Simpson, Cassletoni FloydA Williams U: D.
N; DR. H. NJ. Greene, BnTalo; Rev A. Willes Philsdel-
pha; Dr. Osborn, Aubumi G. 5 Durham, Charleston, H.
AT the HowAsp-Dr Thornton, Providence " Brsov.
G A. Be.is Paris; 4 White, PhiladeIPhisi Manos n
BEDFORD D. Smith w and Lady SoLwen e fp WsaS.
s %'''ss' Angel an. % hsS, Sssydsas. ws%s
Buffalo and others
BOARD OF EDUCATION President, +. C.
Benedict ESQ., the chair The following reports were
presented and adopted in favor of appropriation pay
professors and tutors In Free Academy Jan In IA
yor Of ste Tor new primary 'csso' ~ me
for support of School No 30 XVIII Ward, to jan In
favor OF approprang sl93 TO pay for brick feaces at
Ward School No. l6, Twentieth Ward.
communication was received from thePublc School
Society sneges.,ng amendments 20 the proposed act tor
the union Of the Ward and Society Schools
The report of the Committee OF the Whole on ue SUD
iect was taken up A quorum, after some discussion
was ascertaned not 70 be present and the Board adj
journed,
FIRE-On Wednesday night about IL clock,
FIRE broke out in the No. AS Greenwichst,
euped by J. y. Hebe, dealer in fancy dry goods. The
flames spresd with surprising rapidty. and before the
fremen could extinguish them the lower part u tho
building with It's contents. entirely destroyed Loss
about e. 600 Partly insured
On Thursday morning about ] " o'clock, q re broke
out in the Of the building In the of No ~
secondst, occupied by Mr. Root a. csbinet maker
shop The flames were soon extingaished Damage
about 800.
FATAL ACCIDENTAL man named Belts was
alnoet instantly killed a, II O'Clock Thursday morningbv
accidentally falling from the roof the fye-s,ory
building No " WslLst. TO the basement Of Loyejoy's
oyster saloon He WIS glazer, and lodged in the
building He IL supposed 20 have been engaged la In
sertipg pane Of glass IN the skyght window the
~fef