The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-09-17

u
thee o. her sons Of the ocean" in the opposite be-
MIA here. Tnere Ia no ~bs q o. b. found more
ysbe river than the Yaogtze for the purposes Of
steam svsatiop.
SHAH0HAE, juno IA. 1854.
----
Supreme Cours--srecsal Term.
D9cIsIoN AZ TO THE sxrRA PAYMENT OF POLICE
JUSTICES FOR SUNDAY SERVICES.
Before Hou Judge Clsrks.
SyGayt %. Edno~ds.-Thls is application made ON
behaf Of sney H. Stuart Of the Police Justices Of
The ely Of Ne- York for peremp.ory msuiAnus
nanspg the Chamberlain in his oacy Of Treasurer of
Ne county eio 70 pay hin the of buudrs sod
sxsy xix soars and sixty six coats foe
ds cted t. b. psa him, ths resolution Of che BArd
Of Supervisors Of the 9Th ec-mbsr 1883, for extra
The relator elected OF the Polio, JUS
tiers Of the city In Novemrsr 1851, and entered upon
the duhes his Office the folio ~ng May, and
tan +, considered whether the Board OF Supsrvi
had the power to mske this allowance for extra
vess Under the general power which the, possess by
eur mon a- and by statute they can allow all amounts
ebsrg. able against the county; Il X. :. s67 A.
vkish comprise the prosecution and convictoo OF
sIiniosh, and AL contingent expenses necsssa
Y1y incurred for The anu DeIedt of the county.
The services alleged and admitted la the present
ease have been IN my cpiuon, to the oouoty
city The ON Of Police Jnstcs l. Of municipal bnt
anmoD la~ origin, it il entirely indeps ndsnt OF the
sser and We we're ,eauesa oy re- cal 81 It 70 the
survive, exercising utes bs oogtnx according
The general law Of the lsud to Ja-tics Of the Peace
1hs legislature to DO has distributed the duties Of
the jus ices far The cy 10 concerned and dt
reetsd that the civil ami cfimnsl business should be
dA,ped by different cla.ses-one class to be cnnaued
saelusivey to civil and otae- crimioa business
But rhis IL merely convenient divii ut labor;
fanRenen. which may be adopted with equal benefit,
rem er desirable, wheta possessing not mani
Gral charter. Besides IT his Office purely
eD .ns aud
dered TO Tho county, the Board OF Supervisors had
sahority to grant compensation for those servics
Tor county services rendred by individual waatever
nay b. his occupation, ocs condition The sesvi
which they ine0de to compensate By the resolution Of
1878 were Ienccd oy the Police Ju tices Sundays;
vbish ny ths common law, pu ,lic Officer In und.r
0ny obligation to perform nut which, in wded aod
popua ion are absolutely niece to
vent rofipg and disorder ADD the Of criosls
The Board Supervisors then having the general
Hsy 70 order this ADDITIONAL the ooly ques-
ton that in this stage Of The Inquiry is whether
they have been restricted prohibited doing By
the paramount authority of the State legislature In
ether WORDS has tn general in this respect bssn
eurtaikds Incoaoter lb3, laws 1913 49, Ia rhe Orb
scott relation Justices and Police Courts
h the cty Of New York. passed March 80 lS4S 1t is poo
THAT The Justices shall receive such an annual
compensation for their services shall Do Fixed
o. Dmon Council, which shall oe in leu OF all fees
and other perquises, and shall not be iucre.sed or
diminished duriUg their continuance In o,s and hall
cive other fees perquisi whse.er BY virtue of
their OMEGA" Pursuspt probably, to is As the Boar
Of sspervors by res ,lu,on Of hs 25d Of pill 1851
Allowed thu Police Justices fr services rendered by
eunsays, from the 9th day of May l84s, the date
81 the resolution tat the Of compensation per
dim - the salaries Thea pad them for perform
90 In The mary businee and legal days Of the we-k
that ~ they increased the salaries sixth foe those
additional SERVICES and his they had undoubtedly
right 10 do By last Of tho Legislature, passed July H.
1851 section this 9th section OF OF lS4S sbove
reerred TO- retalei aod for the increase Of duties
estsd by this act inclur ing the rendered.
Subdays the Board of 50 porvs0s authorized to To-
the salary Of the Justices Cerxs elected end
appointed under the Of 1885, and the salaries to
thus fixed are not be increased diminished during
AZ A nj
scSdisg 70 this act, them The Board Of Supervisors,
while authorized - increase the 'alariss Of off,
GERS elected and appointed under the act Of
1885, during The or which they arc elected and
appointed absolutely prohio,ed after thus
Then salsres This prohibition pies the police
ven - to the civil Justices for both equ.ly apoont
Cd ass elected under that act-ths 4th 9th 9th and
10th secttons applsing specially to the civil AMI
the 7h and 9Th to TIE pohc. justices the other sos
tons applying in common to both. Pursuant to ,he
vsers BY solution Of January 1852 fixed the saa
es Of the police and civil Justices at Two thousand dol
az, per 's ss Ia IIa %
hsa." We have already observed, they had sos lido
DswsY to do this BY tee act Of 1851 but having done
section, from making any further exercise during the
sentinuas Of the for watch the incumbent has
BEEN elected The relator wss elected in November,
1851 bis term Of Office to commerce the folio wing
Nay, for three years How, then In the face Of the
statute Of 1884, could he Board Of Supervisors pass the
Justices to be paid for extra services At tho rate OF
sixth Of the compensation they now receive contem-
plating evidently extra compsnsa len Tor the services
renfersd by them sundays; although By res ,uson
sf Jspuary, 1852 1t 10 expressly specified hat the sals
~ Of two thousand dollars per i to be in full for
appears 70 me to be in conraventon and violation Of
the act Of 1856 and although un sr their general pow
ora Is have already sbo~n the Board Of Supervisors
As0 full power to allow this Remuneration yet the
suprens hgslAtivs authority has thus limited those
powers, the resolution of 1853 Is null and void Having
arrived Ut this conclusion 1t is TO consider
NV "a Of he nj VIII
tier the amount claimed payable by tho COmptro
Ter or chamberlain, and consequently whether mauda
mus could be granted against the LATTER even the
later eottsd the amount -hi,h ne demand. It
vas mentioned ON the argument, 10 support Of
snt,isa Is roar s.i.rv tn.n shs cvis Ia.tcss
and that both Ella Of "a, ers By the resolution
q 1862, b.ing placed on equality 10 this respect, al
the resolution Of 1853 giving the ormsr
equitable and shoald be favorably .srtaned by
he court Iready admit that both ia the nature and
much onsrcps and than those devoving
the justices Of the inferior civil courts They have
ission for 70 axation reposehey excluded
tn be sacred rvst OF tina sabbathshey oonstratn
Cd TO w;ss day after day scenes most revolving TO hu
pQsyI over the dsssisusion and moral ruin Of
they have human mature, perpetnAy and practically
before fem 10 It's vsst aud rudsst aspects and the 40
tual ply sca and mental ton which those duties i'm
Psss must be seriously detrimental 10 their health But
In ny opinion this inequality and nadequacy Of rcmu
neIsuen can only b corrected by the In orventon OF
The gislatureby the repeal amendment Of the act
II 1851. The application must be denied.
FirAt District Court.
Before Judge Green.
SEPT 16-Geor0s w. Beacens r. Wtuidm WaNoer9er.
This action bought the Of CSC so for
balance for freight 2A tons Of coal consigned
boid Il plaintiffs barge and received BY defendant.
1As defendant set that the coal was uurs BY being
vst the vessel much tnat he suffered damages
to greater Gum than the plaintiffs claim and asAcd 70
have the sum set of against the plaintiffs claim On
Vie trial the plaintiff proved his claim The defendant
sA produced witnesses his clerk, and another
As earnspwho that salt water injured tia sale