The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-07

y
punishment Is seldom necessary to carry the iudg.
ments of the courts into effect They are submitted
to a. matter Of course 1t is peculiarly the duty of
those who profess the law, and emphatically add.
ton, to cherish this feeling, and to elevate and
strengthen the spirit Of obedience to judicial au-
thority; and il is matter Of deep regret when any
OF those whose province 1t is to aid in the admins
tration ofjustice, by their own example, encourage
resistance to or disregard of the decisions or orders
OF the court, or OF any OF its judges"
JUDGE BoswoRTHs OPINION.
B0swoRTH. Judge.-The plaintiffs move for an
attachment against Oscar W. sturtevant, one Of
the aldermen Of the city, to arrest him for q
ocontempt Of Court, in disobeying an injunction
Court, on the 9th Of December, 1852 Having.
with others Of my brethren, ct the request of the
Judge holding the Special Term at which the mo-
ton Was made. heard the argument of counsel for
and against the notion shall as briefly as practical
BILE, state some of the views formed upon con-
sideration of the propositions argued and au-
thorities cied To present these inteligibly it is
Of The Case On the sh Of s
upon sworn complaint made by the plaintiffs,
"as.. well on their own behalf as on behalf
Of all other corporators and taxpayers Of the city
matters stated in the complaint the plaintiffs ap,
piled for and obtained injunction order in this
action. The order, by its terms, commanded "the
Mayor, Aldermen and Common Council Of the city
OF New York. their councillors, attorneys solicitors
and agents, and oil Others acting in aid or as
sistance OF them, and each and every of them" to
absolutely desist from granting to- or in any man
ner authorizing, Jacob Sharp and others, or their
associates, or any other persons whomsoever, the
right liberty or privilege Of laying double or
any track for railroad in the street known as
Broadway, in said city of New York; The COM
plant on which this order was granted, states that
the plaintiffs are citizens of the State reside in the
city, seyeraly own real estate situate on Broadway
and have severally been annually taxed, and have
annum, and that such taxes were levied to deffay
the annual expenses of the city. 1t proceeds to
state the amount OF taxes levied in each year. from
1876 to 1852, inclusive; that in 1916 they amounted
70" 10 OBSERVATION-DISCLOSURES = a sS1 s5o
and that the estimated amount required
that by reason Of alleged corrupt and Illegal acts
Of the defendants the taxes OF the city are annually
increasing to an alarming degree. That the city Of
New York is an ancient and chartered city, and the
citizens and inhabitants thereof are q body polite
and corporate under the name of the Mayor, Alder
men and Commonalty Of the city Of New York
That all the property, jurisdiction, franchises and
privileges, held and exercised by the corporation,
were given granted and acquired underthis corporate
name: That all the powers Of this corporation are
held by them, upon the trust that they shall be used
and exercised for the benefit of the citizens and in
habtants of said city, without any fraud corruption
evil practice or deceit. That this body polite and
corporate is capable Of suing and being sued in all
courts Of record in all manner of actions That on
the 10th of November, 1852, the Board of Aldermen
adopted certain resolutions "a copy of which Is
nexed to the cOmplant-and on the 9th Of December,
1852, the Board Of Assistant Aldermen also adopted
the same resolutions, and ordered them to be
transmitted to the Mayor for his approval.
These resolutions are fifteen in number The first
named, and those who may for the time being be as
ISOLATED with them, all Of whOmare herein designated
associates Of the Broadway Railway, have the au-
thority and consent of the Common Council to lay
Ipv,Iln fO~~ So De-
ball or State street, from the South ferry to Fifty.
ninth street, and hereafter to continue the same,
from time to time, to Manhattanyille." The second
provides that the tracks shall be laid in or the
twelve feet and six inches apart The tenth, that
the associates" shall cause the street to be well
swept and cleaned every morning, except Sundays,
before A. M. In summer, and A. N. in winter,
twice week, when the weather will permit. The
eleventh that five cents farefor each passenger the
highest fare that the associates shall be allowed to
charge The twelfth, that the associates shall pay,
annual license fee Of s2oper car, and shall have
license accordingly" and after that period such
license fee as the Corporation, with the permits
sion Of the Legislature, shall then prescribe.
The 18th, Il at the associates or q majority in in
terest within reasonable time after the passage of
such resolution, "shall form themselves into joint
stock association, which association shall he vested
with all the rights and privileges hereby granted;"
the construction, operation and management of the
said railway" "and generally the means and mode of
establishing the railway, and carrying it on, and Of
the said association" The l4th that 'the associa
ton shall not be deemed dissolved by the death or
any act of any associate and that said associates
may at any time incorporate themselves under the
general railroad act whenever twothrds in interest
of the associates shall require it," The 18TH "that
the associates named in the resolution shall, by
writing filed with the Clerk of the Common
Council signify their acceptance thereof, and agree
TO conform theleto and all associates assigns
duly admitted according to the provisions fthe ati
cles of association and bylaws shall be deemed par
ties to such agreement. The complaint further
stated that before such resolutions passed,
of wealth. character and standing residents of the
city, abundanty able to perform their contracts, ap
Piled TO the Common Council for the privilege and
authority to construct the road and offered, in addi
ton to all the terms imposed by the resolutions on
Sharp and his associates, to carry passengers at
less charge than five cents each, and pay large bO-
nus into the treasury of the city That Of the pro-
positions was to pay bonus OF 81 900 000 and charge
only three cents fare. Another to pay 81 900 per
and charge only three cents fare. Another was to
pay 81, C66 per car, and charge five cents fare.
The complaint stated that on the 18th of December,
1852 the Mayor returned the resolutions to the Board
Of Aldermen without his approval, and with obiec-
hons thereto, copy of which objections was an
nexed to the complaint. The Mayor stated, among
other things, as objections to the laying Of railroad
in Broadway that it would, in his Judgment, mate.
rally interfere with the comfort and convenience of
all classes would seriously interfere with the bust
ness of parties resident thereon, and would deprecate
the value OF property on the line of the street fully
twenty per cent" and that the grant of the
privileges to Jacob Sharp and associates, ontbe terms
embraced in the resolutions, to the exclusion of
those who had made offers so much more adj
vantageous to the city would be perversion of the
rights of the community to which they would not
tactly submit. The complaint further alleged that
the members of each Board of the Common Coun-
Gil, who voted for the resolutions, and constituting
a majority Of the whole number, had declared pur-
pose to lass these resolutions notwithstanding the
disapproyal and objections of the Mayor, and were
continuing their session by adjournments from time
into effect That the persons named in said resolu-
tons avowed purpose to accept the same in writ
ing as soon as passed, and to proceed to break up