New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-22


ing been appointed by the Court in Consequence Of
some Of the counsel being engaged in the rela
| ing TO the grantees at Supreme Court which Court
meets at 10 oclock Judge Duer took his and the
| various members Of the Common Council other than
Aid sturtevant Whose case. for the present dis
posed OF Oh Saturday, cited 10 show why At
taclment should not issue for violating the injunction
| appeared in Court
The respective counsel with NO or three exceptions
also were present
Mr. Gerard said be would srst move for attach
ment against Mr. Moore who was called on Saturday.
The Judge eaid all the names bad better be callei
| fret.
Mr.. Gerard called Aid. Moore
Mr.. Sanford said be appeared for him.
Aid. Haley was then called.
Mr.. Sanford said he appeared for Aid Haley.
AID. Oakley called. LII was said Mr.. o'conor Is
counsel for Aid. Oakley. AID o. is relative it was
stated of Judge oskley which the why Judge
| Oakley would not ait
Aid. Barr called; Mr. John Graham appeared for
| him.
Aid. Tweed called Mr.. Willard appeared.
Aid. Compton was called. AID c. said, 81 appear
for myself have counsel and do not think II ne
cessary to retain any"
Aid Brisley; Mr. Field appeared
AID Smith called AID g. said he appeared for him.
sef-hsd no counsel.
AID Francis, Bard, DenmaD, Cornell, Dohery. Peck,
called. All answered by themselves and counsel
There were fifteen Aldermen in all The members
voting in the negative Aid Boyce, Pesrssll and
Weird. Aid. Alvord excused from voting, and Aid.
Tiemsn absent In Europe.l
Mr.. Gerard said he would then call the Assistant
Aldermen He called the following and all answered:
Assistant Aid. Brown, Mabbstt, O'Brien, Rodman,
Broaden, Ring Wells, Bouton, Wright, wheelan. Ro-
gers, Valentine, McConkey. (Messrs Rodman, Wright
and Valentine were members, with the others named,
in 1872 but not now members
Mr.. Gerard said-We move that attachment issue
against the gentlemen who have been called.
The Judge do not think necessary that the papers
should be read again. The papers only for inform
alton Of Court, after having been filed on motion
Of opposite counsel
Mr.. ssndford-I will read an affidavit of Mr. Moore
which stated that the Ayes and Nays the consd-
Grafton of the Mayors Message being called he voted
according to his best Judgment and conscience and this
YVES the only done by him in relation to said resou
ton after the Issuing of the injunction.
Mr. Gerard-Is that the casei
Mr. sandford--That is the reason why an attachment
should not issue against him.
Mr. Gerard-Thati s excuse
The Judge-(To sandfordl-Have you anything to
sayi
Mr. sandford-I should like to say something in re-
gard to the merits In looking the case of Aid.
Moore however do not that his differs from
that of Aid Stuevsnt and therefore regret that the
rule laid down by the Court prevents US stating our
views fully upon the subject So without saying
anything more would remark that the gentlemen for
whom appear think it proper file sfidavits similar
TO that have read. Az the order Of Saturday was
surprise upon u.s. have not been able to see all the
gentlemen and have not had time to get their afdsvts
think we can do so by TO morrow morning
The Judge thought 1t would be proper that they be
permitted TO file the afidayits.
Mr. Sanford said that the case forthe gentleman
r he appeared for.
Mr. Field made suggestion that it would be well to
. lay the matter over till tomorrow.
, Mr.. Gerard opposed.
Judge--Jbe hope is TO get all ready by Saturday
Instead Of attachment being issued In each why
not let each Of the gentlemen they appear and
take their personal recognizance to appear again on
Saturday.
Messrs Sanford and Jones said they did not wish to
go out of the regular mode, and that attachments
should issue if such the order.
1t decided that attachments should issue in the
regular mode, each in bail TO $500.
Mr. Willard asked the Judge If the question has been
argued that srrestng public officers II should be by
writ Of prohibition
IL was said by one oil the counsei not 10 nave Oeen
argued.
Judge Duer said the Court has determined that has
jurisdiction attachment and that after hear
ing the case.
Mr. Willard said, the Court has only passed upon
AID Shrtevant lie thought the Court has assumed, In
relation to public officers that which belongs only to
the Supreme Court restraining public officer as to
hs jurisdiction. | shall ask discussion upon that
point
Judge-You to say then, if an injunction Is dis
regarded the Court because the party is public ot
GER cannot punish him for contempt
Mr. Wnlsrd-I mean to say that public officer, in
relation his jurisdiction is above the rule of Court
in Equity, and only be arrested by due course OF
law from the Supreme Court
Judge do not understand that there Is any ques
ton which has not been discussed.
Mr. Wilard-The object of this proceeding was to
confne officers to their appropriate duties. Court Of
Equity has ght to restrain proceeding in relation
70 them.
Judge-A Cour. of Equity has full right to conhne
officers to their legitimate ursdction-the complaint
in this case was sufficient to authorize the injunction.
The whole matter has been passed upon.
Mr. Willard said he would yield the ground then, but
not the point. lie thought ii, he said, hard.
Mr. Gerard moved for attachments.
Mr. sandford said they ought no, to be ordered till
after afhdsvits have been put in.
The Judge said the attachments would issue on Tues
day, returnsble Wednesday and interrogatories
filed on Thursday and the whole passed upon on
Saturday.
In the meantime the matter ies over pro forma till
tomorrow morning.
Aid Conklin then said that he ready TO answer,
as be appeared without counsel He said he had no
idea he was committing any error in voting-f he
thought he had been he would not have voted.
Judge-You make the answers to the interroga
tories and they will be considered.
AID Smith said he also appeared in person. He
said In voting, be relied upon the advice of counsel