The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-16

ne resolution then pending before the Board OF Alder
men, and commanding the said 1.-The Mayor, Aldermen
and Commonalty of the City Of New York aad the said
Bartholomew Purdy" Commissioner OF Repairs aud
supplies, 10 abs ain and refrain, from entering into,
vn or rscsns Or attempting TO enter
ehe said con aiat and in the said luton therein
~eontsined - any like similar Contract land from
carrying or attempting to carry into effect the said
htion then pending before the Board Of Aldermen
Dor their legislative coDsds ton and action The only
means by which ..ths Mayor, Alder men and ommonai
y" csD attempt 10 permit authorise of their
nsoreh ates to perform an act or themselves at-
eoupt to suborise contract" to be made il by
eers OF tie Common Council at meeting of one Of tue
ssue 'heu ieeisa,e capacity advocating or voting
Tor resoiut on ordinance directing authofising
me performance OF the Therefore the injunction
der granted BY the Justice 1T Chambers which
sosed BY the special term, and the injunction which
ms sppeAl seeks 70 restore, woui at authorised by
hw,) restrain and cont ol the eg latve action OF
sera OF the Common Cnuocil and make the legislative
power Of the municipal government subject to ju-
allegations Of fraud contained in plasntis COMPLAINT
are iuy met and refuted by the defendants: that
MAT the the plain ills did not ou the ar9a
rent ~ emps the terrifying his positions All
allegation oi fraud thus ben OF The case deter
imitation Of tits appeal depends upon legal questions
sny. The p wer 4 the mayor, aldermen and
Atty the streets OF city, among the positive
powers araned 20 the corporation munc' pal govern
sent to BE- exercised BY tho Common Coun ilttc legts
etive branch VI the corporation (City CharSer aud
ksnt's Notes 3d. lA3 145l This is the only right aud
power which toe = mayor aldermen and oonmonslty"
have 10 and the streets. As such, has been
sed by ,hem fro this ,rysnzs ion of the government
and recogpis and proclaimed by unbroken .in Of
judicial opIloss ard decisions IL Is government power
and outy hot Franchise yielding emcumsnts and
h0e as ferries Names places OF ment the Cro,ou
aquedpct, 10. Chancellor KEN, In hi votes pom the
Oy Charter, page 142 Note XXXl says -
hxteepth section gives 60 the Common Council power
" este ish. direct, lay and alter and amend
svets &c IL mt OF public without pri
se interest," roerty nected with IL 10
~ h~ nys htnued with Common Council, under
sac sctne exercise subject nevertheless at all to
eSniauve interference aud direction.
Also w bo'e ~, Commencing at page 49, In speaking
tne inmente Pohnc power possessed by the corpora
non IN relation to Streets co. the ordinas CO wer
be says -
The eent checks against abuss sush enlarged dis
&eon IubIc opinion, tue elective ohise and the
law. 0o-
IL adstiOn TO II checks all corporations are liable
10 ea process In behalf OF tho State fo4 non user or
misuse of their rights and powers. In This csse the
charge rs misuse In the o>he In Tho SupEsme CURT
tn. Corporation of the City of New York adse, Britain
and oh-is the question considered power If tho
corporation the streets Chief Justice Heieon de-
dvered the epncn Of the court and In speaking Of the
pswsfs Ut thu corr Grafton. says -
rights and privil sss thus granted e speaking Of
eolnme nd advantage Of the city, the gooS
are atge her dsso and different from with which
Ne defendants sted under the charter
posy latter GLASS municipal powers comprises large
cs poies poyers granted solely for public objects and