The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-09-25
Beard Of Aldernsn.
OPINION OF TIE CORPORATION COUNSEL As 70 v
CONSTITUTES LEGAL VOTE

Beard u Aldernsn.
OPINION OF TIE CORPORATION COUNsEL As TO "
CONSTITUTES A LEGAL VOTE.
The following concentration, showing that II IL M
sary that majority Of all tbs member, elected sh
be present, to pass any resolution which REQUIRES
eusrce, received at the last meeting Of tho Boar
Law DEPARTMENT, Cnr OF INV Yoax.
OffIcx or 11n COUNSEL TO THE CORPORATION
septsmbsr q, 1854
To THE BOARD OF AIpERxu:
have received the resolution OF the Board Of ALI
requesting the opinion of the Counsel to thu Co
ration wbether less than majority Of all the msm
elected be competent to pass any resolution which
quires concurrence" and have the honor to rspor
common Law. ms jority OF all the members or dirsc
Ct corporation ia necessary to form gu orm and an
passed or done by the majority Of the quorum Ii valid
thereby becomes the act Of the corporation. (ApRe|
Ames On Corp sec 501.) But different rule may
prescribed by the Legssture in the creating the
poration or defining its powers which thereby bcc
Law OF Its existence. The Legislature Of the STATE
passed such statute In regard to the pro seedlings of
corporation Of this city By Declaring In the fourth
esch Board shall be quorum TO do business and
mo law shall pass either Board, pt by MAORI
the members elected" The charter, therefore, Is VI
explicit that every law Of the Common Couuci mu I'll
passed by a majority Of the members elected and
only question In the is, Whist is the meaning Of
tenn law" used In the fourth ssctions Does 1t Or
al acts ordinances by laws and resolutions Of the q
poration.
The only case can find in which this subject has
discussed before the courts ia The case of Drake
Eudson River Railroad Company. q Barbour, 608-)
that 1t appears that the act Incorporating the
psny required them to obtain the Of the
ton, ard made that assent condition precedent and
disenssby necessary to the right to locate thsr ira
on the public streets and the for the purp
Of tbeir rAilroad-that resolution passed by b.,
Boards Of the Common Couocii and approved By
Wager purportpg to give the assent Of the corporat
thefetO-thAt such resolution not passed by the b.
ef Aldermen by majority of the members elected 4
luton passing by vote Of eight mem in u afrr
i've against i've In the pegaiye and II was urg ID
tsha Of the plaintiff that this resolution was In fac
law, within the meaning Of the fourth section Of
mepded charter, and not having been passed by [
number OF votes required By that section, iovs
It was argued that the mere assent OF the
by resolution was not Ga law" that Law Is gene
rule, that ordinances resolutions az to the
peity Of the orxton, not in gener al force; that
community; that the term ''ordnances'' is applied
acts OF the corporation, SO "ftatutes" to acts Of
legislature that the word resolution covers what
not be laws oydinances that that which operates
the particular individual Ia not law, and that the
luton, in question having been passed by majority
the members present, was vali though not passed b.
majority OF ell the members elected
Chief Justice Jones, on delivering the opinion Of
court expressly waived the decision of The question
said do no: stop to examine those antagonistical 81
cations or claims, to inquire whether, by the II
construc ton Of the charter resolution Is identical
BY law and requir the same formalities and sancti
to make it eaectual bylaw is rule or Law Of Q
poration for its government. It IL act Of legisat.
and the soemnes and sanction required by the char
for its passage must be observed. by law may be
the form Of resolution and require the same solsmn
to pass it, but resolution is not necessarily byls
1t may be the assent Of the corporation to
OF private citizen operating its operty ae
ing its corporate rights or franchises or license t.
citizen to use property, to exercise privilege w
not to the use or exercise within its limits Of RICH
powers privileges conferred upon party by the leg
1ature condition Of obtsring such assent BY the
oh ApaQ "a In nat HAyH
the expression termed deemed laws acts of egis
ton OF equivalent character corporate body whett
inherently the power to make rules for its governme
and operations, and the ight to assent to rghtfu
satisfy confirm unauthorized aots OF Others aecti
it's interest," whether favorably unfaverably. tt
consent may be manifested by act of the body
porate By its acquiescence in the acts of others
JOINT resolution, fimply embcdying and expressing
consent to be given, would well adapted to the
pose, and formal by law not to be necessary"
Although the Chief Justice evidently leaned to t
opinion that the resolution OF the Common Council,
ing their assent, WAS not /" law" within the meant
Of the fourth section, yet the Court expressly waiy
any decision upon the point. is therefore left op
for discussion and future Adjudication.
"a v" In its strict legal definition, means simply
rule Of conduct prescribed by the supreme power Of
State municipality for the government of the pa
people over whom they have jurisdiction 1t rsls
merely to matters of government and implies uniform
and IN versatility would embrace parts Of etf
the pubic the private property of the corporate
i would no: apply to the mere asseat of the csrpo
ton 10 thB Hudson kairoad Com pany to lay their
10 the public streets 1t would not apply to the ant
the Broadway railroad. In. the ease OF Ths People
stuyvesant, the Court of Appeals Jobnsoa said ii
stbs act in question in this case not, in any ia
sense, an act even of municipal legislation; lkios
grsnt ID, In ite own nature, not legislative ac'
Yves it then, INTENDED, by the fourth section of I
charter OF 184e, to throw sround the enchan tmea
lsws technically unde stood, the protscon Of raquri
the assent of msjority of all the members elected
t. az the Of hs
corporate property, rights AMI franchises, to be 1
to tie decision Of a msre minority of the memb
elected Was it intended that % law" VIII
might be repealed the next day. or the next year after
was enacted might be passed with less Formally .
sanction than q grantp
found not simply in the definition OF its words but
reference to the language Of the entire charter to
history and objects. 1t tbs object Of the amend
charter Of $780, to break up the system Of Transact
the BUSINESS Of the corporation by ons body
the aldermen AID ASSISTANTS and to require that all sh
proceedings should thereafter be transacted by
lowed by those of lS4s and 1859 declares that hs leg
atve power Of the corporation Ia vested in two
but cannot be pretended that the Legislature intend
thereby to conine the two Boards to the exerc Use
purely legislative powers or to the enactment Of Ia,
strictly speakipg for upon such construction this
surdity would follow, that those charters related
AL other proceedings of the Common Council, invovi
rights and interests Of vast magnitude, the charter
nontgomerie still prevail ed
When these amended charters, therefore, declare I'll
the Legislative power OF the corporation shall be vest
In separate boards they that all the powers Of
corporation which require the action Of the Comm
Council must BE- exercised by the CQuac in sspAr,
Boards That such the Intention Of the amendma,
will be evident from examination Of many Of the
and particularly OF the fifth, which embrace AL subje
upon which the Common Council may undertake to q
IT. therefore, the term Legislative" In the hrs sect
is not used in strictly legal sense, there ia
tor constituting the term Claw, in tho fourth secti
according to It's legal limited Specification.
think, Also it win be perceived, upon An sxsmil
ton Of various sections Of the amended chercr ts
the terms claws" "acts," "ordinances'' 'srsso
tioDs" used without regard to the technical
ing Of either but embracing the proceedings Of
Common Council generally. For instance it is provi
that each Board may originate, amend. concur
reject any Law, ordinance resolution that "a
Board shsn have concurrent powers, and . ne
tive on the proceedings Of the other; that evs
act ordinance resolution shall be seut to the Mayo
that If he approve 1t shall become law. 1t is mat
Of no consequence what the proceeding may DO desgs
ted, or In what form il may be passed-the cnarac
OF the act must depend upon the nature Of the act se
without reference to its FORM
But the construction given by the Common Couu
itself to the fourth section, from the time OF It's On
ment to the present day, Is significant, and should
considered Of importance in determining the questi
The hfth section provides that "upon the passage
iesoution ordinancsSf which shall contemplate
pecdac imp oyement or involve the SALE dispositi
,r appropriation or expenditure Of public money, or
ONE therefrom, or BY any tax or assessment, such