The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-14
The Decision of the Court the Case Of the
Aldermen In Contempt.

Aldermen In Contempt.
In whatever light we may choose to view the
recent conduct of the Common Council-wheth-
er we chime in with the assailants of the Alder
men, or incline to question the solidity of a
cause which is so largely indebted to popular
clamor for superior one point public opinion
will be unanimous. The collision between the
municipal and judicial authorities is fortunate
occurrence. Alderman Sturtevant and his
brethren may or may not have erred in disre-
garding the injunction Of the Court; but GER
tain are we that the city of New York owes
them debt of gratitude for having at what
ever cost to themselves. brought under discus
sion such important matters as the limits of the
authority vested in the courts of justice of this
State and in the Common Council of this city.
If as we have every reason to expect the ulti-
mate result of the Broadway railroad case be
an elaborate decision by the first legal minds of
the day, defining where the powers of the
Judiciary end, and those of the city corporations
begin, the sins which were the occasion of the
investigation will soon be forgotten, and the
public, after the heat of passion has subsidized.
will not be unwilling to acknowledge their OBJ
legations to their unintending benetactors.
Such sense of gratitude would Of course. i'm
ply no tribute of esteem. But history has for
given crimes of much deeper dye in conside-
ration of the beneficial results which have
flowed from their commission. The Roman
moralist. in the fullness of his joy at the aboi-
ton of monarchy. does not hesitate to congratu-
late Rome on having produced Tarquin
We might add that if the Broadway railroad
case had borne no other fruits than the decision
Of the Supreme Court which We publish to day.
we should still have reason to congratulate
ourselves on its occurrence Impershable fame
was earned by an English Judge who dared to
mete out equal justice to the lowest subject in
the kingdom and the heir apparent to the
throne. Under circumstances less trying. il il
true, but still by no means devoid Of difficulty.
the Judges Of the Supreme Court have discharged
their task with firmness, integrity, and discre-
ton. They have dealt with the highest public
body in the city as vigorously as they would
have done with the meanest culprit A sem
'tence Of fifteen days imprisonment pronounced
against one Of our most prominent Aldermen
is an event which it is pleasant to contemplate
after the terrible stories of official corruption
hctrayals of trust, and dereliction of duty with
whic hive have been haunted for some time past
We do not mean to insinuate that any charge O
the sort has ever been advanced against our
judiciary, even in the noisest Of those who
have traded on the cry for public reform and
sought Hotoriety by shouting stop theft before
they knew whether robhnrv hod hann o,,,,,,,;4
ted; nor would We intimate that any doubts of
the conduct Of the Court ever crossed orr own
mind. But however firm our conviction. it ia
satisfactory to find il 80 completely confirmed
The case is now midway between the Supreme
Court and the Court Of Appeals. Before we
chronicle its future progress. it may be well to
refresh the memories Of our readers with regard
to the past On the third Of January last. Judge
Roosevelt on the complaint Of Milhau and
others tax payers. residing on Broadway
" commanded and enioined1 the railroad Gran.
tees. their counsellors &c, and all otbers act.
ing in aid or assistance Of them to ref.,;n from,
entering into or upon the street called BROAD.
way for the purpose laying or establishing a
railroad therein &C. until The further order or
direction Of this Court in the promises" Instead
Of obcying this injunction the Common Council
passed resolutions. which were moved by Alder
man Sturtevant, granting the privilege Of laying
rails in Broadway to certain parties On this
a contempt. and. after learned and protracted
argument, they were condemned to make
auends by fine. and in one case by imprson-