New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-11-28

IMPORTANT Observation-Disclosures MADE PERPETUAL.
The following H. the decision of his Honor Judge
Duer in the case of the Broadway Railroad testimony
in regard TO which was taken before him some weeks
since:
The Attorney General TOma: Davis and others The Mayor
&c OF New-York, jacob Sharpe and others
This has been fully heard upon the peadings and
proof and she complaint has been amended by the in
PRODUCTION of the Attorney General as prosecuting party
enabled and shall proceed 10 deliver my opinion
upon the several questions of fact and law that
sary to be determined.
do not consirue the 267 of the Code as making
the duty of Judge who has tried without jury
70 set forth in his decision, in special verdict all the
facts Of the case including those conoveted by the
peadings and those which, although conroveed he may
deem immeteral SO far as questions OF fact are con
cerned the Judge in my opinion, fulls his duty by de-
TRIMMING the issues which, in his judgment, are
terial.
The only Issues raised by the pleadngs in this case
which deem to be material, the following;
l. Whether the railroad in Broadway which Jacob
Sharpe and his associates defendants in this suit claim
that they have lawful authority to construct and aYow
their intention to cOnstrucf constructed and regulated
in the manner proposed, will be public nuisance and
>. Whether the grant made by the Common Council to
Jacob Sharpe and his associates Of the privilege of laying
down and constructing the railroad in queson made
in bad faith and from corrupt motives and therefore
be condemned as fraudulent breach Of trust.
The affirmative of each Of these issues is maintained by
the plaintiffs and from the nature Of the facts relied on
necessary to be established by the ceares evidence
The evidence that has been given am bound TO say has
failed TO produce in my mind that deliberate c6nvc.
ton that ina case like the present could alone Justify me
in decTeeiDg perpetual Injunction. Whether the conte.
plated Railroad viii or will be public nuisance IA
problem which am persuaded that experience alone can
solve and sssuTedy facts have been proved that could
warrant msSn saying that those members of the Common
Council who voted for the grant, which il impeaehed IA
fraudulent, must necessarily have acted in bad faith and
from eorruptmotives Two Of those members have been
examined Witnesses and have stated under oath tho
reasons by which they influenced In voting for the
grant in question have right reject their testimony
70 affirm that those who voted with them were not GOV
vlr Tho nk
whatever may be my priv ate opinion of its expsdiency was
made in the honest exercise o. discretion which Court
Of Justice rghtfully interfere with control Tho
conclusion IT, that had the title Of the plaintiffs the relief
which they seek depended solely upon their maintenance
Of the issues Of fact raised by the lleadngs have
dismissed their complaint
proceed next TO the questions ofiaw upon the de,erm
nations Of which my judgment win be foundeis
The resolution ct the Counoi Council Of the aoh Dee
not an act OF legislation, not alaw In hc proper sense
OF the term In the grant uf franchise which whena a..
copied by the grantee became contract upon the terms
aud conditions %, forth IN the ordinance
The contract thus made hom ia aud terms Is en-
s , % tina, = any sts pts,'s' sspeiAly 'Aee wasa
Illegal e 10 void az awhele
The eenliest ihes eeasldesvl b. le NV ulsa,sa, sa,l
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