The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-04

ny, a. further proposition, that thig is the most
aggravated caee Of contemning the curt and fts
sn's mas ns. Sowsd BY a. exemplary %ss
punishment II will be impossible to maintain
the administration Of justice in future. l shall
shall make very few suggestions In regard TO that
proposition, because it is necessary conclusion; if
we are correct in the position we have assumed that
the Court had jurisdiction over these parties and
over this subjectmatter, and II correct in the
inference we draw, that when the jurisdiction was
once acquired and an Injunction granted it was the
duty Of the party. against whom the injunction is
sued to apply TO the Court to be relieved from 1t and
to set it aside, and not to presume TO Judge whether
it was rghtfally or regularly granted. One OF the
cases that cited in the two chancery cases was q
case where an injunction was granted without any
affidavit and without any order, and it was violated,
and the violation was punished by the Court. If
we are night in supposing that the Court had ac-
qured jurisdiction, and having ordered this injunc
ton, it was the duty Of oil parties who were en-
Joined to obey it, why then it seems to US that it is
one OF the most aggravated cases OF violation OF
an Injunction in the most audacious manner, that
was ever presented to court OF justice. There
no occasion for violating this injunction, and
there was no reason for haste-not the slightest.
For moment look at this case: On the 9th of Decem
ber this grant passed the Board Of Assistants the
18th il was vetoed by the Mayor and on the 9th this
Injunction was obtained They had then protracted
their session beyond all previous example; and one
reason why it Is beyond all previous example u.s. be-
cause those Aldermen are not paid beyond eight
hardly case in which they continue to sit after
their pay stops They are paid for eight days and
usually set for five, six, seven or eight days.. but on
this occasion they continued the session from the Sth
to the 18th, waiting for the Mayor to act upon this
subject; and after he vetoed this resolution, they
waited ten days and extended their session to about the
9th Of December, when this injunction was obtained.
Well now, why not wait until the regular session OF
the Board on the first Monday Of january Why
not? In the first place. what were the reason and &C.
casion to go and violate this injunction, even if
they had the authority to do it Isuppose none upon
earth This order that the session was at an end has
no force in it. The Corporation continued, other men
were to take the places OF those who went out and
they were to act in four or five days, when
the court could be heard the proprety OF granting
this Injunction. Was this not case, which
required prudence, and discretion, and time,
and care! The Court cannot fail to see that it
was matter Of vast consequence whether this rail
road was to be opened in this street or not. Very
large sums had been offered by responsible and
matter in shape, and issued advertisements, and
given time to those who desired to take this contract
to pay the city the large which they agreed to
pay, they required delay OF five, ten, or fifteen
days. Where the consequences were to the city Of
from $4,000 to gross sum of 81 00O,OO0 and a
consequence to the parties to travel upon this road
paying five or three cents, or nearly difference Of
one-half what was the occasion for this particular
haste to violate this Injunction in such an insulting
and contemptuous manner! IL anything could
aagravate the wilful dsobedience itself it was the
solution passed by the aldermen, and to which have
called the attention of the Court, and which was in
the last degree audacious and disgraceful to the
members Of the Corporation. In regard to that
there be no two opinions that their proceedings
in this matter were perfectly disgraceful even sup
posing they had right to disobey this injunctonto
charge the officer Of the court with personally cor
rupt motives Why was this great speed! can un
derstand 1t. If there were five six men who
hired to pass this resolution and whose time expired
on the last day of December, and if men were to
come in subsequently who were not willing to do it
] can imagine, then, that they might have some in
terested and some personal motive. But this will not
be claimed on the other side. If we are correct in
regard to the proposition that it is contempt, then
it seems to follow very necessarily, that it is kind
Of contempt Of the most aggravated and discredta-
BILE character