New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-17

tons, and that having jg7-. i'-i'I ~ va
Court restrsiling defendants p, "" - -
wrong should have been obcyed; an. -
where there IL jurisdiction. Il not void o. -,
neous it might be. He slso commended that e.
Common Council are alegislsiVe body, the i'rn-
Legislation have not been observed, &c.
Mr. Field followed Mr. Van p. ohbehalf OF the AlieT
men, &c. Whatever mizht be the construction 81 iAe
Injunction he contended, whether the Cour' hai
Jurisdiction or not il Ia imperative eg1ns; tue n XVI
dual members Of the Com Counsel they no' beng
parties the suit could not be made liable Tor aJu's
ment az inst the Corporation and where in = nsn'
in such could not reach an Injunction wo1ll n''
lie slso because they were not furnished with copies
Of the AFFIDAVIT On which the injunction was granted
or if operative azains; them individuals il did not
prohibit them from voting in the msnner they df, the
prohibition being not to vote the resolution whereas
their action was upon the Veto, which instrument they
are bound by law to consider and act upon or that
IL the Injunction did prohibit them from voting the
Court did not hsve jurisdiction in regard to IT, Mr. =
was proceeding with his argument when the Court IN
tmsied that il would take aud mi the case
during the evening but finally concluded 10 ADJOURN
and the matter viii be resumed On Saturday, next
We subjon the points for the plaintiff on the order
10 show cause why attachment shoud no. issue against
the defendants:
l. The Court had jurisdiction the parties, ehd
over the subject matter of the complaint and having
jurisdiction the question whether tue order for an IN
Junction made upon proper AMI sufficient grounds
! does not sris- upon this motion.
o. The Court has jurisdiction over corporations as
well az natural persons.
f2) The plaintiff. complained that an injdry was
about 10 he done 10 their legal rights by wro 1g'u act
O. defendants and prayed that defendants mi5h' De
strained IN m doing The act .u.
Nothing fUIther was necessary 10 give JdrlsiI
and il wns then or the Court TO judge an de;ide
whether proper made for granting the rene
which the plaintiffs asked And when Court mas Ju'
Tis0ictCn il jud nent or order never Nolo ho"e0
erroneous it Insy be
az IN. resolution which the Common Council was
olCut IN v,as II, DO proper sense OF the term az
aot Of legislation IL twas mn law bui contract IL
was yiat the Common Council tseh called grant.
But iii wa material to consiier whethef u was "a"
or or,nt that was a question upon which the C0Tt wa
70 judge and If erred in jud gnen sun is o'def VA
V H. mi il should be reversed or vacd'en.
al |! the resolution which the Common C0lncil was
about 10 pass may properly be regarded as an ac oil le
islstn It'll question for the Court 10 decile
whether relief might not be granted against an mary
attempted 10 be done in that form; and wletAcr tlo
Indictment was right or wrong l. was not vod.
() We sa contend, at the proper time that tnere -
color for the prctense setup by the 2mmoh Couhc
that the power make by laws and ordinances ior tae
Government Of the Corporation and inhabt ms OF tle
City stands the same footing az he legislation OK the
state OF that Of Congress- and that IN such matters
they are above and beyond the reach OF the judiciary
We shall m,in'sn that the Common Council may be
controlled when is about TO do injury to third per
sons shoueh the wrongful act may take the form OF
BY law or ordnance And cl arly this ia so when the
thing which tire Common Council proposes 10 DO, though
in the form OF law, is in truth grant OF the properly
or privilege Of the city. .
But Is enough for the present 10 say that whether it
WIS proper TO enon the Corporation in TINS case was
question icr the Court decide and whher it, j. u
mont right wrong, it was valid until reversed Or
arnulled.
Q So long as an Injunction remains in force II mus:
ke ob,ved alh,urh il may have been cTroDe0Lsly or
even nIcglaily isfucd.
3-The injunction to restrain the making Of the grant
was properly addr,s cd 81 the Corporation and when
served The order operative upon every branch aAi
oslicisl member o; tire corporate body.
4-Thcre was breach Of the injunction by every
member of the Corporation who alter the service Oh tue
order voted to make the grant
Every such memier acted in direct contempt OF the
authority Of the Court, and the commandment oil tue
5When sry one ac,s ia an official character in dis
rcgar6ing an Injunction or order OF the Court u NOT
the ofcer but the individual who Is punished Tor tue
contempt = ..,i ,
lie Cort and Us process thai hrs happened in moiern
times. and If iii. not followed by exemplary punish
mcut it viii be Apo sibe TO maintain the administration
Of justice IN lutuie
THr RamRoAps.-Withth the exception OF the
detention on the Erie elsewhere no,ieed) we believe
the verious railroad trains departing and arriving Al
this Civ worked pretty regularly yesterday Inc
sudden frost will necessarily compel reduced speed and
more care, but the tracks generally are clear
; Acc,pryr on THE ERIE RAnRoAD-As
OTHER TRAIN srucK IN rmE sNow.-When the TX
n,css ,raip bound for the East, the New York an
Erie Railroad on Saturday night to the junction
of the Lacknwanna and Western Road at Great Bend
the switch bar broke Just the locomotive passed th
.ide and the train ran in upon the Lackawanna ans
Western Road while the locomotive went ahead o.
toward New York the tender yainy trying to go bot
way. The consequence was, the baggage car wa
rolled over several times and badly broken and IN
,noknc car was thrown of but struck an apple tree
breaking the descent and thus saving the persons in
from material injury. Two passenger cars aso wen
of the track but no one was injured In consequence
of the accident the train detained about ten hour
The place Of this was about fifteen mile
east OF Binghamon.
The Western train which left Jersey City yesterda
Afternoon at O'Clock, ran into a snow bank IN IN
Bergen cut and twas impossible either to proceed
" return A locomotive and cars were sent up to Berge
. from Jersey City, in which the passengers returne
again 10 this City after being out nearly four nour
The FRS, train for the West is to leave al O'clock
NJ today, at which time the viii be remove
from the track.
THE PAcKET.SHIP CORNELIUS GsISSEI
= AND orHER VESSELS AsHoRE.-lnformation from %
,hp to Saturday morning renders it probable that Il
!, will be total loss and that she went to pieces IN
gale of yesterday.
A letter from Squan village dated Thursday night
. the underwriters says: She is very much s'raine
rudder gone Is full OF water and has lost the whole
part Of her false keel The masts were cut away, all
N which she righied and Lid easier
- The passengers, numbering three hundred we
=. landed BY means of the Government apparatus a
most Of them have arrived up to the City IN TO "ooai
~ the remainder were squan village. The storm
rcprcseuied a. having ragged with fearful violence al
g. time the vessels went ashore, and the landing OF
70 passengers in safety squite rnirarulous as
>, &c. was making clear breach over the vessel amer
~ went on Owing to thick weather, Capt Fletcher
not been able get observation for some day or
rrevious TO the disaster. lie was then in the neSao
-, hood Of Nantucket On the night OF ThursdAy'
. weather being very Bad and showing heavily, nc taA