New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-19
P,o,os.p rxsrrxoylAL TO Lrxur. MlusT.-

dis-inrzished services Of Lieut. Asary, s1perfnenenh
/ Of the National Observatory Il WSshInstna IN tae
rsu.e Of nautical science The following nsned gen
t,eruen were appointed Corzn;sfee 20 procure and
p-ese.f to Lieu; MsurJ suitable and enfE-ing 'es-
ti-pou:sl .-Gec-ye Griswod. WALKER r. J0oes, Wm-
l u. ARRIVAL, Robert B. Ninr1rn, Joseph w. Asop,
Thomas Tleston Z. Z Morgan, Sidney Brooks, Henry
Griassn C. NJ woleott z. K Collins, Edwin Bartlett
A. A. Low The Committee VIII meet n the fnsur'
snee Buildings o'clock IN tie afternoon Of Thur
asy nexi.
F Hon. E. D. Culver VIII speak on Tenn
per.nce. On Sunday evening At No q Eas, Broadway
z The Birthday of Washington vii be
celebrated by the Eighth Regiment Washington Grsys)
BY Parade and Review, and address The TsSerna-
| cle By ~ Bowdi;eh Blunt, Eco
BROADWAY RAnRoAD.-The case OF John
Mihau and others against Joseph Sharp and others,
being an application for injunction 70 prevent de-
serdsn,s (vho are the parties to whom the Coclrnon
Council have granted privilege to lay railroad IN
/ Brosdwsy,) from obs;rnctins Broadway By railway
track, came up yesterday in the Supreme Court,
| before the General Term Az the opening Of
the session the court decided that the fsct Of JUICES
Mfchen and Roosevelt owning property on the
line Of Broadway IL such interest a. d.q1Aihes
them under the statute, from sitting Judges IN the
case To prevent all objections, however, they have
concluded not sit during the argument and the case
will be heard by Judges Edwards Strong and Norris.
The following Is the opinion Of Judge Roosevelt As
to qualification Of himself and Judge Mitchell Owners
Of property in BrOadwSy) in sitting as Judges in the
Gaze:
some OF the members Of the Court m yhs be disqualified,
/ on the ground OF interest
Cosnel were invitei BY the Court % aid, BY srga.
menf IN the investigation OF thus preliminary qlesroa
/ They waived the request snd preferred leaving the
question, if il be one TO the unsided and unfnfueneed
] deiibersaon Of the Judges.
We have taken time for the purpose AMI have arrived
| az the following conclusion
The Statute dcclares q T. = 275) No Jaiyc Of any
Court s - such IN any cause 70 which he 4 past
or in which he Is interested N which he wosld be
excluded from being Juror BY reason o. ooasansuniy
/ or affinity 20 either q the pRTtes.
No person be made party plsintf % sui with
out rs consent eri although IN this instance one pr
nay ale complaint On behalf Of him elf and such
others may choose % IN and contribute 20 the
expense yet no such other persons are parties until
| they DO core in and signify their sssent
Nomcmber 81 thu Court hss sisniicd such assent or
| on;6mI sfss dong 20.
A. 20 coussnl.inity or sf5ni,y within the prohibited
degrees none suggested and none II known 70 exist
l. this then Tor that Is the only remaining
dfiouiry) in which elhsr Of the Jadges, now on tn
Beach, i interrstedi
In some sense every Judge unleas he Is above be-
low hunauiiy ste more less ia every cause
brought before him and such general interest were
20 di.qusify Judge in any degree ~ to try cause
could ~ In u i-ler upon T. The interest thcreio~,
Intended By the Statute Il i obvious must be something
direct mEodiste srd spcchc-not al interest remote
| or incideu;tl common TO the whole Or 70 large
mAsses OF the community.
Take by way Of illustration, o. show the elect OF
the opposite eol.trucon the Of dsultng Jurors,
or wine see CT volaior II corporation ordinances,
any o;heT cnaclrtnis guarded BY pccunsry sanctions
/ OF a Judge disqualified from indicting the pensnes
prescribed hecause when recovered they plss into the
public treesuiy and 20 hst extent diminish the public,
/ AID, II course. hs own taxation.
| Take another case that " widening, extending,
OF opening public streets. II the improvement sane
toned By the Court the whole city, including The Judge,
may De taxed Ia part al leaft for ts cost Is that an In
terest In The csuse such interest the law makers
intended should preclude him from sl;tins.
! SuppCtetLc formation anI embelEhmsnt OF public
PARK 70 BE nmously desired by the citizens, and %
be approved and ordered y the Corporation u Judge
who ,iroides fully in this opinion ami feels lively Ia
terest as citizen IN tie success Of the measure, de-
pryed that scc0uu one having an n,eres, in tha
cause Of The legal earscy o. ,tilns on the appoint
Again judge has interest In his GALAXY his salary
payable cut OF the pubic treasury Is he ,aat ac
CONT pTecluaed from citing in ever whore the
public treasury il concerned.
I, is oby ous therefore that unless the word inieress7
uod ia the statute, be taken in restricted sense the
inevitable result uIust ultimately be (as has sometimes
been sRd already in reference to objections 10 Jurors in
c. iuintl oases) that no a Jud e unless hs
- TO Indecent 10 have anything ignorant 70 know
| any thing, aud TOO stupid to feel anything.
We al in opinion that no member OF the Court
legally disqualified from sitting on the argument Of this
csss-ss mst,er o. deicscy, however, two Of the
Judges have concluded TO wtthdraw and leave their
places 10 be supplied by Judges Strong and Morris
! Judges Edwards, Morris and Strong then announced
that they ready to hear the argument being the
question the injunction restraining the graut.
ees from proceeding with the road and the power of
| the Common Council TO make the grant. A requ st
/ was made by Mr. Van Buren, one Of the counsel for
plaintiffs for the delay OF day they did expect
/ the main matte. TO come on TO day. The motion
/ opposed, and the argument proceeded in. Mr. Van
buren, then commenced reading siiiayi,s, papers Of
tie Common Council &c, in answer TO the apphca.
ton, the charges Of corruption, sc, These pspers
! hive been heretofore published Having con-
cluded the reading Mr. Van Buren, said, that
they required time 10 prepare new aaidsyits in the
case, in answer 70 aifdayts read by the other
side FOR which lie and his friends no. prepared
and they also wanted 70 consult between them a. to
who should open the Gaze
| Mr. Field commended that no ff1ayit. could be
allowed to be presented TO the Court The parties ap.
Piled for injunction and have fled ailaylts and his
sde has answered and there the natter should rest
otherwise h-s clients would be entitled to produce
ether GdLvits the pllutGs world reply AID thus the
| hing would 20 al lsHiaEs
ExChief Jus,ice Bronson ssid that in matter which
rested 90 much opinion the running OF Railroad
in Broadway he trusted the Court would no; shut out
he fresh information they were prepared TO Offer l.
was matter entirely in the discretion of the Court,
the more particularly there bad been sdsvits ard
| Councils opinions read. They would be able to
swer the aEdasiEs by Monday, and contradict them
.rd would also be able to produce the oninioDs Of
Counsel directly opposite 70 those read and from
/ the same Counsel. too.
| Ex-Chief Justice Jones eontended ths. 4 case was
never known IL which affidavit. had been allowed
TO be produced BY the applying party after the opoo,
Ing party had put in their answer and read adavirs in
reply those arst put in II such course were al.
lowed il could not be known where any matter would
rest An entire case should have been rlade GU, on
The fr.t .rr.c.tinr al n u haa