New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-11

N 81 sNrsf, 81 ABLE fpll'u III NuNh ~ - NA1'
roIoued asserting bis right to hesr and d-ce the a'7
IL declined 0iIug ia that simply because thera
we're other JUICES present not A. AT ih'rs-V-d N ~,
questions involved or the event Of the suit Who caud
perform The duty But in subs'qu-n case r tse % An
other ,roAd the City the Judge h'.ing oen an
interest only in the questions, very prop-ry 'oA PM
IN the decision In the Of H. Mayor - 81 nc
City n Albany " Curp before the Court OF A)psHs
I'D Con stock. 1851 where considerations AN 'dn'
had be- awarded against that city in the Supreme Ooar
Judge Bronson. who then corporNor gave III JPN
in and voted n favor II revers. OF thu dgnent 10
stuart - the A-chsncs ana Farmers h tnk t'tn 1'lh
sor sOll the Ctan eei0r who Was siocAno1der ~ ~
bank sfr advising with Chief Justice Spencer
90 ov zoe he cause Inc reason A's'Sus o!!i.;a
learned judges that the Chancellor had the exclusive
Jurisdiction Of the Upon the SANE prineiP- ChAh
ceuor hsu heard and decided case 10 wIch MS oro'7i
defendant and another in VIII n his 0rotler ia
law tie complainant Mo0res vs.. White, oih JOINS
Oh 800 ant Chancellor Waworth took cogulE snce Ut
a when biz in Chancery had been filed AZ tinst n
brother Assistant Register bat skng ree against hin
personally fIn the matter # Le- and wifi % Btroours
Oh X 5yl In that case the Chancellor sald. ne sia
"tute j. prohibits any Judge from sitting when Ne
is related 20 her Of parties Ehn the ninth degree
Of affinity consangunlty but It has not provided Tor
any other person or tribunal 70 exercise tn- sPpelAte
power which is given TO the Chancellor oy the ConSttu
non in such The Constitution must therefore con
"trol, IS that is the paramount law know OF no IN
in which Official assOci,'0n, possible interest
il cue siiOn involved in the lnir0versy. has pre-
vented judicia action II there had been any-ndeed, II
there had been positive stauioy prohoion-a lis OF
this Court upon general and unrestricted Jnrisic
ton w and equity has been conferred by the COnshtG
ton, would ev-rfhee. been bouod hear and de-
eide case, the only objections to his acting would
il they could prevail eectuay bar the door OF justice
witch should b. open 20 All against one OF the parties
TIE reaiOr on be 9TH May last presented q the ara
of Supervisors the county o NeE YORK account Tor
thai part Of the additional annual compensation ~ hlm as
Justice OF the Supreme Court resident in the First DIS
trc aosec by act of The Legislature passed on the
sixteenth day of April -52 and the subsequent action OF
the Supervisors under that law accrung between the "
Of January az first Of April l-53 The Board OF SD
p.rvisor- ihereupon adopted resolution in ths following
Tras h. dino
su star italy as have stated it" OF Robert IT, Morris
be md the hereby audited and allowed, and that
the Chsmbera ain of the city OF New York County lr7a
surer the and of Ner York do accordingly
pay 10 the said Robert Morris the amount hsr-of-ns
10 say The Of three hundred and seventy i've dol
lars and copy Of thi, resolution shall be his snf 'en
warrant for such payment" copy Of this resoiu
tor presented TO the defendant and the money
demanded but he refused pay the ground that he
authorized 10 make any payment out OF the City
treasury except on warrant draTn by the Controller
and ned by the Mayor and Clerk OF the Common
Council according 10 the eleventh section OF the act 70
amend the Charter Of the CITY OF New lOrz passed the
second april lkents City Charter and Notes -6
which hid been procured in this instance The reator
Las applied for tndsmus. requiring the defendant, ~
the Couuiy Treasurer pay the money. am bound 10
award the desired process ii am satisfied that the claim
vaio that il has been made with the requisite iormNy
and that the r-laor has other clear ano adequate rem
edy IL has been supposed that the act OF the Legst
iure under and pursuant which the allowance 10 ques
ton was made ny the Supervisors invalid because
fret il prohibited by the institution snc, secondly
purpored % sanction the imposition ~ local TAX tOr
what should be a Safe expenditure The Constitution OF
this State provides Art e. u that the Judges OF the
Court Of Appeals and Justices Of the Supreme Court snail
sytray receive AZ stated times for telr services, com
pei .atun to be established by law, which shall not
be increased or dmini-hed daring their continuance
IN ofice. BY an act passed shortly after the
adoption OF the Constitution the Justices of the
Supreme Court allowed annual salary
Of twenty FIVE hundred dollars each The act of the siN
t-nh Of April l-j2 t. which have before alluded, pro
that shall be- lawful for the Board Of Supervisors Of
the County OF New 0 10 raise By tax upon said County
lld pay the justices the Supreme Court resident n
the fret district such additional annual comOen3t alton
hey may proper laws If lsj2. 5g-. :. = The
o,rd Of Supervisors az that County, ON the eth Of De-
center l2 resolved that n pursuance OF the authority
yr,d in them there should be- so Fed % Zach of the us
tie. OF The Supreme Court IN the first Judicial district
con pcrsann for their services o thousand aud Ave
hundred dollars wear winch should be- paid To- them quar-
t-y of the County treasury IN each year Inc r-ator
was elected Justice cd this Court last November. and hs
term 81 office need the first day OF JinuTy
been p.ssed previously bis ,ession 10 Office, and "a
COMPENSATION not thereby increased during biz ON M
tenn sp-ct his differs from any watch might
be presented 10y either brethren, all Of whom elect
I'd before tie year l-.- he only question under the
cu.tiUi, nal pr'yIs' far II respects tle AOr is
whittier the additional compensation has )e-n estAb i,-I
D., law general law b. enacted Only by ths State
LEGISLATURE. local law however may be passed bv the
Board Of Supervisors Of county whore the requisite
rosr fs. d. ,u cn1f-rrl rDu il by the sovereign i.
i've authority state Constitution. Art. 3 ) 10 la tine
tfe a. otr O.. h- - .' ti' power vs. tfPr-.'y ''a
fr,f II le Te-ou jon o 'he Butrl - Supervisors has
TIE attributes CT local Wall q
s- su exercise 1t 'he power conferred b. the q, aurs
The constitution does not rNq Ir- that the amount OF CON
ltl Sstou shall be- specified any general suite IL cal,
f,r legislative action. That tn required basis bat hs
suItrstuCBre may 30 fashioned pur-u ant 90 such proys
id ~ may lo esil sh-d BY the Legislature An ar IS
o.. essentially accomplished by law WHEN pefjrm-d pu-
.uaut statute, ~ cou-um,t-d by the stuts Itself
The power q, determining whether eNpend ture SIN I'll
b. MT by generate local taxation is vested solely in the
STATE Legislature II may not b. without restrictions
g. an unWi 10 admit that there any de,p bic pJE-r
On any political institutions IL Is, conceive, b.
yOud tue. power Of ne LrgFlsure % tax le
Inhabitants at ocslity, exclusively f. the benefit Of
auoler but ~ ere eayantage is shared more
b. ALL II Is within the province If the Legi,Aure 10 deter
mine httber the ,quse expense sh b. borne by the
Ssie e large Only 10y portion 0i It which may b.
peculiarly Benefited Thus, Tie expenses ~ laying out
srd improving highways, wh-ther ia h7 country
alih' u-u Ac p roNemenf is 10 some extent o-neu
ca 10 all arr upon small districts because tne
greater benefits those rrslIDg no 90. IN Nd are yon
ny OlrCouitlou.s open t' 81 W giants atd yet they
cudruct-d by tle county Ia al such action Of
PIE Legislature - valid unles, the reason on WHICH Il =
founded clearly ilu-ory 10 the Of Ih- People
fcsrst the Mayor &c.. OF Brooklyn recently decided jy
our Court Of Appeal Judge kugges IN his elaborate and
very abe opinion. remarked, tat 10 must con
ceced that tie power OF taxation. and of spO)r'on
lug tax.uon, OK 81 assigning 70 each lad y.dI-
his share Of the buredn. Is vested exclusively me
LEGISLATURE unless this power b. limited restrained by
soree constitutional prpg.on Where dis sr-tl "a lry
power Is vested in th- Leg stature BE- i'm ,ed by
the action o. courts l. l. competent fo- than
upon The existence a. the power but t1s DrIy
~ or e1pedency OF is exercise In 'he PRESENT Inst
thr LEGISLATURE has declared that tn- increased c)m).ss.
ton o. tis justices ct the 1t District may b. paid oy the
County Of New lork. III reason u1dpub,edy i5 that
Necessary expenses exceed those Of their brethren
Other n rfs th- state There H. too greater qu lny
Of m cation this Corrt in TIE Co-ny Of New Yok than
in any other dst Bu' the labor cannot BE- very difsr
tnf : the equse sttrl 20 the duties Of any #
them be his residence i'm city couqtry. requires
an hi, business time, aud often more % the entire
neglect # his private affairs The greater expense asad-
ffsrr -. .