The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-08


gers The Petrol takes thirteen passengers and $lo3s2
in specie.
DEPARTURE OF TIE BALuC.-The United States mail
steamship Baltic Captain Gomsock sailed from quaran
tine at O'Clock this morning for Liverpool having been
detained nearly two days beyond her time by the late
heavy fog.
THE STEAMSHIP GEORGIA, for Aspinwal left at O'Clock
this morning.
The Broadw ay Railroad Again-The Grantees.
SUPREME CoURT-GENERAL TERM.
Hon. Judges Edwards Mitchell and Roosevelt presiding
FEB. Tn the Natter Of the Lnju,sclion against Jacob
Sharp and others Grantees Of the Brordcay Railroad
The Court room crowded to excess.
Mr.. Van Buren, proceeding to address the Court,
when
Judge Edwards intmated that two of his associates
Judges Mitchell and Roosevelt Interested proper
ty in Broadway it would not be fit for them to sit
in this cause.
Mr. Field said that 50 far as his clients were concerned
he had no objection to 60 on with the case.
Judge Edwards merely made the suggestion matter
Of decacy.
Mr.. Van Buren-Wth reference to Of these Judges
to whom the remark applies and who understand has
pettioned for the road make objection to his sit
tipg, but, on the contrary, shall be glad Of it.
Judge Mitchell-It is important matter to consider
whether Judge who is interested in property sit
here without violating the statute and that be the
judgment of the court will b nullity Therefore, do
not see If any judge interested and the statute applies
that that any consent of counsel obyiate the Diff
Guilty. The statute forbids his sitting.
ExChief Justice Bronson-What kind of interest have
you?
Judge Mtchen-Two OF have some interest In Broad
way, and all the property owners Broadway have an
interest must have.
Ex-Chef Justice Bronson-Eyery citizen who pays
taxes is also Interested judges in the other court
who have decided the matter, all interested. Does
the statute that there be direct or
immediate interest in the natter They argue that
docs not injurc Broadway and argue that it will.
DO not how the court say beforehand that they
have interest in the question: for it is balanced in
that way and the court win judge of it upon such law
and facts presented to their consideration
Judge Mtchell-There appears to me to be diff
Guilty whether Judge pass upon question in which
he is interested.
Nr. Gerard-Jurors competent to act, although
they are tax payers
Judge RooseveltMy view is that the statute applies
to where judge interested in the particular sub
ject matter for instance, suit for a particular lot
sum OF money or bond, or anything of that kind but
where the interest is general and may may not affect
him, it question rather of decacy for the consdera
ton of counsel whether he should SIT For that reason
although in this stand precisely in the same posi-
ton Judge Mitchell have the conclusion IL
both parties wish IT, to take the responsibility but if
either party objects, will not.
Mr.. Wood-It is time, when the jurisdiction of the
judges is set at defiance, that they should be ready
take the responsibility No Judge should shrink from it,
IL ysu make out that this Is question of iurisdic-
ton why, then, it cannot be waived but if it be not
question Of jurisdiction then it lies with the parties to
take the objection We know well the object of all this
In the case Of jurors these objections always apply but
they do not apply to judges and it is simply extending
the principles which formerly applied to the tribunal of
fact to the tribunal Of law and Il secure to the
parties the benefit of impartial legal decision as well
as they formerly had the benefit of impartial decision
in matters Of act but If the parties all satisfied and
they waive any objection of that kind, surely the Judge
viii go On with the case. juror would thnk OF
rising up and taking that objection and insist upon
leaving the box. If he did, the judge would not allow
him TO do
Mr. Sanford thought that this was totally different
question from that OF juror for the question here was
Of equity, which could go 10 jury; and the
point here was whether the Court had any Jurisdiction
Issue this preliminary order because ii tie judges were
inhabitants OF the city they parties to the suit
Either the order must be dissolved having issued
granted the order must proceed t. hear the cause He
called upon the Court therefore, relieve the parties
f ON the order, which was Illegal.
Mr Feld-We insist upon this case being disposed Of
and the order annulied.
TX Chief Justice Bronson-They insist upon roiug on
with the case bat say have jurisdiction to hear IT,
Mr. Sandford-I ask that order be entered dismiss
ing the order TO show cause.
LACief Justice Bronson-xou have no right to do that
NJ Moqa-.ine Court will determine in the irs place
before they grant that application whether they have
the power 10 hear it. you have power hear It, then
go on; We quite ready II you have not, then this
objection must fall to the ground.
Judge Miichel-lhe statute in my Judgment takes |
away the authority Of judge to proceed in a for
which provides, and there in the Court OF
Appeals in which that Court certainly carried that
doctrine, although IL may have surprised II they
did IL in that case they would also in this.
Mr.. Ficd.-Ihe oh ecton then to your sitting is in
consequence of being owners OF a lot in Broadway
Judge Mtchell.-Being interested in property In |
Broadway
Mr. Field-If that be the case then the order oranea
by the learned Judge ooeyelt in this case Is void We
here by order OF the Court to show cause and we
wish to do 30.
Judge Edvards-We propose to settle the ca in ts
way. We win hear the arguments of counsel az to
vhether have jurisdiction and they are not prepar
cd, We viii postrone the matter.
hr Fied-We desire 10 90 with the case now
Judge Edwafds-inis IS unquestionaby a preliminary
question, which ought to consider and upon which we
with TO hear counsel IL counsel will not argue the aues
ton, Why then will consider IL before decide IT, for
cur satisfaction
ExChef Justice Bronson--if they object TO your urs
dcion Of they will say what they have to saw
bout IL.
Judge Edwards-we are ready to hear tho argument.
~ Chief Justic JonesThis question we think II moro
advisable and more respectful TO leave entirely to the
Iourt, without any Argument upon our side.
Judge Edwards--1hen let 1t 30 until next motion
lay.
Court CaIencar-JThis DAY.
SUPERIOR CouRT.-CIwo branches. Moo 3 9os slg |
~ 1913 sz8 "a % a57 Sbs a59 800 $685. a77 lO7 3sI
oo, oe4 900 abo, 3SI SSs, $50, 800 39l 800 1898