New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-04
SUPERIOR CoURT-spscrL TsRN

worth 10000 francs in France having been stated ~ cost
ing 600 francs The former held 20 bail in $500
and the other in 81 900 to answer.
SUPERIOR COURT-spscru rssx
DECISIONS
Isaac Hall sst Garrett Van Give &c.
The deed and sgreem. Mt constituted mortgage ana NOT
conditional sale Reference TO the state OF accounts
between the parties. Question Of costs reserved
Washington " Thurman ast Geo w Stevens and Henry Dean
judgment tor defendants the demurrer with leave to
plaintiff TO smend the complaint. without cost
James R. Del vecehiO AIT Washington NJ Thurman
Amos R Emo sst sla, c smith
Judgment for defendant and iniun' ton vacated
John Mechain and rsua' yso BTRI s Matthew Nc '' md
Execution to be returned satisfied the day It was coun
fernandez and all subsequent proceedings on the uds
Sswstedt and Barrett, sst PlOra Joel iaL
judgment for defendant If j demurrer With liberty
to plaintiffs To apply to General Term, without security
Dunnus and others AL. Nss'l snd others
Demurrer struck out a. frivolous, ami judgment ordered
for plain ifs.
sPEe,L TrRN-Beore Judge. Oakley Due campAsn and Emmett
DEcIsoSs
John Loveioy agt D.ni- A BALDWIN ano John b Borst
Order affirmed appeal dismissed with costs
Henry Tsllnadge agt. East River Bank-Order stfrn
ed with costs
John Paine sgt A Smith Admr of Jon' HuDt.-Jndg.
ment affirmed
Nathaniel P Willis agt. Edwin Forrest Judgment az
fined
SHOEMAKER agt T warde and others-New trial
granted costs 10 ABIDE event
Alfred Crommelin agt VIM F. Legget and others
Decree in favor of the complainant nst all the defend
except johnson, and As to him bill dismissed without
costs
Henry A Heibesgt Oby Anderson Judgment for plain
tiff
WIN Youngs against VIM S Watkins Motion to set
aside r. port rrd and Judgment affirmed If Painuf vii
deduct ego sit not then judgment reversed costs 70
abide the event
Joseph Cohen agt VIM Fio and others -Juismsut
Homer P Beach agt Rober, IL Bsdon-Judement
affirmed
X Lakeman and others AT sas II GrnneIl and
others -Newtra granted. costs to abide event
Doroihea L.ngdon agt. VIM b Aston ard Executors Of
John Jacob Aston deceased for new trial granted
upon payment of costs # Special and General Term
John Z. Heublch act. Augustus ROlks iad another
judgment for defendant report Of referee reversed
order Of reference discharged costs 10 abide event
Iucu. Buklry agt. c. b. Smith aDd Others.-Ju1g
al special Tenn reversed and new trial ordered costs
a. ablce event.
Pierre / Remand and and others ag' Geo. r sampson
ard another Judgment oisnissng complaint.
Samuel B-rnan and ~if- egt George ;. Gr"sne.-Iudg
meut for plaintiff affirmed motion for trial Il MED
Ieprcl-tie II Moore and other- agt VIM COckrOft ana
others-N ercict set aside trial ordered costs abide
event.
Jared Kirkland agt Moses Wager and others Yer.
dict set aside, new trial or~r costs 10 ABIDE the event
SUPREME cOrRT-spgclAL IskN- Before judge EoMoSos
THE i>JJNofiON a, 10 RC.- rtyLNANr IL
Cornelius De Baum aud anoibs san'' Tie N''o Ross
Judge Edmonds delivered ,ubstaniisiy the following
opinion. dsoirng nh pr0ri ioH0 i1unctt1a restraining
h Common Council from cogtrlctng with Russ AMI Reid
Tor the construction at the kuss pavement 10 Chatham aud
other street., in this C,.ys
The complaint in lbs prayed for perpetual inunc
Obtained prOvslOual one on turrr grounds, VIZ
The enormoS and unwarranted Increase OF taxation
in the City within the LAST eight years
The presentation OF two Applications for the contract
less pce than that at which Russ and Red offered to
Dc the WORK.
D. bribery.
Excessive price, to allow the contractors the means to
brbe the Common Council
Illegal usurpsiiOn OF the powers OF the departments
vested with executive functions.
TLescceleratiou OF the resolution through the Board.
80 as to anticipate effect OF bill before the State Legs
laiure, hch mas since passed into law.
No made to tae first charge. Z WAS stricken
ont of the complaint. on motion, as mpeFlinent
Il vas answered TO the secOnd allegation, that Russ and
Reid patentees Of their peculiar pavement, and As
such. entitled 10 all the right belonging 10 patents
The third charge made only Oh Information and be-
let aud not confirmed by e'idene Il must conss4 ifat
". be overthrow.
Ire fourth chnge was By the ad.vits Of the de-
PENDANTS and thu reports OF the Select COMMITTEES OF the
As To TIE nth charge the Act to amend the Charter Of
the City Of New YORK has several provisions The
executive functions vested in certain officers
toned in sections and following TO section 90 The Com
mon Cornell has the power 10 vote the opening OF street
but the Department Of Repairs add Supplies have coZn
zaIce Of all repairs ana supplies Of and for roads and
avenues public pavement repair, 70 pubic buildings"
Sc | consider therefore this charge vel iosnGsd.
The truth Of ihe sixth charge was conceded.
now enter upon the important part Of this controversy
with much hesitation. both from the intrinsic difficulty Of
the subject and the fact that mail differ from the
pressed opinions Of my brethren for which have much
respeci / the subject Of judicial Aterfereace in
cs.es ike the present
| must confess that have looked with unfsgned alarm
At the Jurisdiction which the Judiciary have maintained 10
some instances THIS power If the judiciary has in
messure from the written American Constitutions which
we're not knoFn in England where the Parliament .ss
omnipotsn IL is strongly indicated in No y Of The
Fsderoiia.
IL was early exercised by the Supreme Cour Of the
United States in Dallas page 40; IN the declaration Of
the uncon sutionaity Of the Steamboat Laws Of t1s
State and the Slavery Laws of Pennsylvania oy the same
tribunal II was Acknowledged and exercised by the
Court Of this State which declared the Canal Law nu and
v,id may be considered fixed principle OF American
institutions Of Government. -,
But the judiciary do not interfere with di,ecty
The law passed ald aierwArd Is declared nun and VOID
II has been conceded that part Of the resolution Is strict
" legislative and not executive IN It's nature 80 much Is
valid
Tb Cont i asked interfere, not as has been the uni
form practice Of al the Courts Of the land but direcly
49, b resolution reached that state in which It can
he ,nnuII.d on the ground Of u,urpaton otherwise
anobsr serious objection 20 udci.l Intervention that
Iis uant by tsO TAI payers, While all the other
nsvers The City have equal night which if they should
exercise two BY two, would shem the court with bas
ness.
Several English have been ctsi 70 sustain the view
Of those opposed 10 nine Those re. upon Brit
ish Cooperation Reform bill Of s3j, which have 10
binding sgthoniy hers.