The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-10

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Offices they vi b. found strswn in the Window Mssy
Of thsse small exchange oAoss which may b noticed in
selling o. these tickets only Ths poverty and misery in
ncted on the poor Of this cit, BY lottery oos we're aP
scrus.ns ~ nseIsS .Ssm ,.:r ..Os
y on hs construction Of public buildings, thestrs 10
The many accidents that occurring every day should
occasion stct inquiry into the Of from
the main body Of al public buildings Upon exanisaA
ton It win bs found that many places Of smussnsst
which now deemed sAa would ANY accident or nre
took Place. BE- the Of sacrificing great sunbsr Of
Hives proper not provided IN order to let
those who may be inside escape IN oonnecuon win tns
which large houses built for the accommodation OF
. number Of people, These buildings which are al
ways crowded with human beings would, II . are or
cdent took place, be living tombs for large number of
unfortunate creatures Tue stsirw.ys that
conseq uenty great loss Of life would ensus The filth
cppgregated in front Of these dealings among such
number OF inhabitants must OF course, be injurious to
the health of the community The practice Of building
these tenement houses In this manner COM
mon that it demanded the especial attention Of the
Grand Jury to inquire into their construction He did
not need to refer them to the receat calAmi.
ties that have happened within the last txo
months IL their duty to inquire into the driving of
cattle through the streets thereby endangenz the lives
of the people He requested their particular attention to
dJunks gambling and pro titution The calendar
for this month contained less than three Of
der enc OF attempt to poison. several of sttenpt
TO kill with fair proportion Of robb-riss and larcsnss
eeAt number Of these crimes have been committed by
y+ople While under the influence II Intoxicating drnx
The calendar evidence OF the amount OF crime that
is cay perperaed in this city In macy of those
where parties killed. they fourd to be druok
the time Of the ARRAY. Each aud every that
should be brought before them, they should examine
wi hout fear favor or malice Among the u any cses
thst would be presented to them for their actoc would
be several of Obtaining goods under false preences
If in the opinion Of the Grand Jury parties guilty
Of the charges preferred against them then they in
duty bound 10 iud.c them. In finding BILL in all
at least twelve of their voices were necessary.
The Court then adjourned until IL O'Clock the next
morning.
THE EFFECT OF THE AMENDED CHARTER-THE Al
DERMEN DECLINING TO SIT ON THE BENCH-THE
DISTRICT ATTORNEYS OPINION.
JUNEs-On the assembling OF the Court this morning.
the associate judges, Aldermen Peck and Dcughery, In
formed the Recorder that in their opinion the amended
charter passed in the legislature and confirmed by the
people BY such large majority, the 7th inst di
vested them OF the right TO sit Judges in the Court Of
General Sessions Alderman Peck stated that he had
some conversation with the Comptroller few days ago.
and that he ofopnion that they entitled
sit Judges in any of the judicial courts OF this city
difficulty, but, in his opinion II the aldermen left the
bench. they would be committing q misdemeaner. In
order hoNever to clear up the difficulty be would send
for the District Attorney Mr.. Blunt, who would give
some satisfactory information On the subject
messenger then sent for the District Attorney,
who arrived there in . few moments
He stated what his ideas the subject Expect
ing that the question would arise he had prepared him
charter says that alderman shall hereafter sit
act Judge in the Court Of Oyer and Terminsr in
the Court OF General Special Sessions in the city and
county of New York" The amendments to the city
charter passed in the Legislature the 18th Of
April and the twentieth section states that this act
the city and county of New York, at an election TO
be held in said city on Tuesday next succeeding
the first Monday in June, .,s one thousand eight
poled at such election shall contain either the words
.in favor of amendments to charter against
persons voting thereon at such election shall the
ticket in favor Of amendments to charter this act
vote the uckel against the amendments to charter,
this act shall be void This act the District Attorney
continued provided that it should be left for the sanction
Of the people the th of June in pursuance whereof
election held but official result Of that election
has ct been returned have the Board Of Can
officially promulgated the result of that
quire final return from the Board of Canvassers to the
County Clerk The general election law provides for the
final canvass and meeting Of the Board of Inspectors
and their return to the supervisors and the aldermen who
the Board Of Supervisors The Law provides that the
They shall meet With the County Clerk there compare
the statements and render the result This is what il
called the official PRONUNCIATION Of election and the
law recognizes none but official return. Until it
officially promulgated the Aldermen not officially
notified of the fact and 1t does not become law; but
when 1t Is officially promulga 1t then becomes law.
This act has passed beyond the reach of the egs-
latue and to take effect when 1t should have been
submitted TO the people for their sanction in other
words, it becomes law when it shall be officially pro
mugated Under these circumstances it the opinion
the District Attorney that the Aldermen have still the
power to sit associate judges in the Courts OF Oyer and
Terminer, General and SPECIAL Sessions The Court OF
Sessions would be void if both Aldermen absented
themselves, and the Recorder might just we'll ad.
until the next term By Law it required
three Judges to form court in the General Sessions The
old judges of the Court of Common Pleas ofcio
judges Of the Court of Sessions The Aldermen stand
in just the position that they did six months ago.
and will stand until official return has been made
from the Board Of Canvassers, who, by law, cOu-
PEELED to promugate the statement in Of the
city papers Tho laws of this State provide tina. on and
not before the twentieth day after the OF act
IL shall become law. That has .pirad
no cal return having been made by the Board Of Can
vaser endrnent. to the charter are not in force
His Honor tie Recreer--I would like you to repeat
your opipiD as to the time when it becomes law. did
lot fully understand you.
The District Attorney then repeated his expla nations
II shall become law the majority Of the cleo
tors Of the city shall pass upon it. The charter of the
tor of this State Step by step the corporations of this
city have yielded their rights to the
legislature who have thought proper 10 interfere with
nearly all our old rights and privileges to the let
ting OF ferries In conclusion and in the
object for which he called he would say that when
act passed the Legislature ard has been submit
ted to the people the OF the electors voting in
favor Of it, twenty days after it bas passed IL becomes
law-Nhch means that when 1t shall be ofc ially az
nounced to the people, through the Board of Canvaser
and Drt through the reports OF newspapers That
the Only conclusion that he could the subject
Alderman Peck then rose aud said, that If the
District Attorney was in his-ihe Alderman's-plice
he would feel himself bound to resign his seat an
Associate Judge IN the Court Of Sessions He alderman
PecS) felt as the people had told him tina. his services
Associate Juoge no To- needed and there
fore he would be very glad to be excused from sttog
the bench His Honor the Recorder while in
ton with him upon the subject before the opening Of
the court, had pointed out to him law making it mis-
oerneonor leave the bench. He wished to he
cused by his Horror the Recorder from sitting longer
on the bench Associate Judge.
His Homer the Recorder then stated that until they
had received official notice of the election fro
the Board of Capvassers, the Aldermen were compelled
to sit Associate Judges He had power to
the Aldermen from attending the Court OF Sessions when
IL necessary for them be there He confident
notwithstanding their personal feelings in the matter
that their desire for the public good would induce them
remain and not neglect the public business, there
great DEAL band and II 1t had TO lay unit,
the next it would be great injury to the commu
nifty at large.
Alderman Peck said that he had understood the Court
to say that IL not in their power to him from
acting Of that body. As matter II he
not AGO uained with the law we'll the learned Dis
rct Attorney should therefore abide by his opinion
He would the eoIe take his seat the BENCH only be-
eau the law COM PEELED him to do so.
He then occupied his position the bench and peace
was restored The business Of the Court thes proceeded
q its usual order.
Married,