The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-11
Important O.cAstOA-PesempiOry Manoamu
against SIRE Cisy s.easurcr


JULY 9.-1he People, on the relation Of Robert II.
1iO,,.s aga,nt Ffancls W. EdpovsdS, Chans5eridin
Of The city If NeW York, and Treasurer IT the city
and county Of Nsy York. b. Strong-This
was required to hold il the city Of New York,
by an order Of the Chief Judge of the Court OF
Appeals The duty thus devoved upon me IL
one OF considerable delcacy, from the circum-
stances that the reator is himself justice OF this
court and that the statute under which lie prefers
his Claims also makes similar provision for his as
socates residing III this district, and authorizes the
of the expenses of their brethren from other
,aIts oil the State while dlscharging tho daes Of
their Office IN this county But the coarse adopted
by the relator III this instance IL neither unprecedent
ed nor, if he proceeds ut all before legal tribunal,
unnecessary. Lord Peterborough prosecuted MS IL
heller before Judge Grose while both sat N tue Court
oil Kings Bench. Chief Justice Spencer brought
several suits for libel III this court, wne sitting here,
Spencer Gould, "a Gaines r., 100; ,Spencer W.
SOuthwck, 10th JolDsons X, zoo; Spencer VS..
Tabele. yth Johnsons r., BAD and Judge William
W. Van Ness resortd u his court for redress fer
d grievance, which drove that most amiane man
from the bench and probably shortened his existence
u9th Johnsons Il, 349 IN those eases there were
other tribunals to which the paiatns clght have ap-
pied for redress; but III the present instance, If the
reator is entitled 70 the relief which ne claims, he
obtain 1t only in the court Of winch ne u one OF
the Judges Judge Is precladed from acting In his
sfical capacity IN any Cause to which lie Is party
or III which lie i, interested cd u. y 215, y;
but the prohibition does not extend to cases where
the interest Is simply IN some question Of law lnvov.
ed ia the controversy. The statute very properly
stops short Of that judge, m lss ofen, and neeos
sarily. consider aud decide qiest0as which may bs
applicable 10 their rights on to their property,
should they BIO fortunate enough To possess any.
1hu-, The judges residing In thAs district have an
extensive interest IN the pecuniary affairs OF the
city. yet they frequently decide cases of
considerable magnitude III which the cor
poratiuh is party In a case now pending, relative
to projected railroad IN Broadway, one OF those
learned Juaeeswho was large proprietor oil lot, ana
buildings adjoining that street. read able opiulon
in which his associates concurred asserting Ais right
to hear Md decide the cause. lie declined acting ia
that case simply because there other judges
piesent not at all Interested in the qaestionsinvoved
or the event Of the suit who could perform the duty
But in subseq ent relative To another railroad
in tie city the same Juase, having then an interest
Only the questions, very properly took part In the
DECISION. Ia the case of The Mayor &c, of the City
a Albany Va Cunip, before the Cout Of Appeals,
CD Comstock. 1861 where considerable amount
had been awarded against that city IN tue Supreme
Court, Judge Bronson who thea corporAtor,
gave an opinion and voted In favor Of a reversal Of
the dgment. la Stuart the Mechanics and
Farmers BANK t5th Johnson, sol - the Chancellor,
who war o stakeholder tie bank, after advising
with CHIEF Justice spencer concluded to decide the
cause The reason assigned by those learned judges
was that the Chancellor had the exclusive jursdc-
ton Of the case. U pom the same principle Chan
cellor Kent heard and decided case In which his
brother was defendant. and another case Ia which
his b,other-in.aw the complainant, (noores W.
White, 9th Johns. Gu. X 1907 and Chancellor Wal
worth took cognlzance OF cause when a bill IA
Chancery had been filed against his brother As
sistant Register but asking relief against him per
soDally. On the matter Of Leeie and vie, I'd Bar.
bouris CHI r. 39.) In that the Chancellor said
"The statue, it is true, prohibits any Judge from
sitting when be IL related to either OF the parties
within the ninth degree u ahHity consinginity,
but 1t has not provided for any ether person or triba