The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-19

ratify them. glad that go gaek to Tennessee
ard n c11s S s for
standard as . candidate for Governsr, and noblsr
champion the American party, North q South cannot
stands side BY side with Maryland 10 this great cause
M Pollock Of Baltimore, followed aud made short
he compared to apsmtsd jacksss, while Sam was the
THIS meeting, which was quite spirited, after
The Case Of Sam" Against the Refractory
Witnesses.
COMMON PLEAs-HsECIAL TERM.
Before Hon. Judge DAILY.
BRIGGS NDoMIrABLE-rE WITNESSES C0xpELLED
TO ANSWER,
JuSn ls-In the Aatr of Ald Sam Briggs Us. Mac
kelIar Wssster and AcCdnn.- DAILY rendered the
following elaborate decision In this CASE
By The proofs submitted in this case i appears that
the Beard Of Aosrmsn on the 9th Of February 1865,
passed resolution, directing the Chief Of Police to re
port to the Board hsw many Americana, Irshmen,
scotchnen, Germans, Frenchmep, Englishmsn, and
the present policemen had bean in prison in this
any other country; how many were naturahzed how
many had been in the country less than Ave years. aud
by whom al the members Of the present police were APP
pointed No report having been received, the Board,
on the 18th Of harch following passed resolution and
Tucker and Homire, to ascertain from the Chief Of 20
lice "why he had so long delayed his responseo Four
G on s
another resouon was passed empo verng the nit
tee investigate all frauds and corrupons in every
branch of the Police Department, and also the manner
In which the IL and has been conducted" In pur
Of this resolution ssversl persons subp@
whom vsis tie respondents Mackelsr Webster and Me-
Cam Tho respondents appeared In obedience to the
subpoena on the ID May, and were sworn a.
but two Of them Webster and Nc Cann refused to answer
several interrogstions that put to them, and
generally refused to answer any the respon.
nteIrogate HIM. The respondent, Aaekenar, had been
previously before TIE committee, and had answered
several but upon this day hs refused to an
application is made for an attachment against these
Witnesses under act passed BY the Legislators st ito
Council Of the city Of New York to take testimony In
matter referred for investigation and inquiry, for
81 The By n 4. Csf " the
Common Council or his deputy, 10 authorized TO issue
sunpns 70 compel the o. Witnesses before
the Oh Amman Of such COMMITTEES 10 empowered to ID
minister osths to the witnesses appearing before the
committee and may require them 20 testify in respect
TO any matter pending before it, and upon proof the
service Of subpoena, and Of the failure Of ths witness
to att nd or i me witness attends upon proof Of mis-
fusal take the oath to any proper question:
It 10 made the duty Of judge Of this court, or OF JUS
Sss ., ,ss the ~ to
other and further to eompsl the witness to
appear and testify, and to punish disobsdisnce II the
in the present amounts 10 denial Of the right Of
the Board Of Aldermen to institute any such investiga
eScon Neh ta
mine whether tue Board of Aldermen 10 directing this
inquiry, have have not Transcribed their pc vera
By the charter granted BY Gov Dongan in 1888, and
by the extended charter granted by Gov. Montgo
merry In 1880, the Common Council we're clothed with
legiaative powers respects the municipal govern
The body which then compoeed the Common Council,
or the major part OF the members composing it. In
general terme authorized from time to time to MAKE
dan and establish such laws, statutes ordinances
might seem to them useful OF for the good rae
acts Of the Legislature aman6atOry q those charters
changes and alterations have been made in respect to
many matters Of which the Common Council before had
exclusive ccgnzance the general power Of passing laws
and ordinances within the limitations and restrictions
imposed BY these subsequent statu,es or charters
tate the Common Council founded they upon the
principle Of popular representations assemble Tor the
power conferred and Of the duties imposed UPON them
The mutual check which they exercise upon each other
and the order and Of their proceedings regular
raton has been defined to DO 1.-THE nvtstng Of the peo
pie Of psce with the local government thereof" vis
a. n 70 rSo
eptru.ted the discretionary power Of making laws,
the Board Of Aldermen and the Board Of Council
should be regarded and treated ~ legislative bodies
1he grant TO municipal corporation Of power to be-
eslse comprehensive and general that granted to
to earry with Il Whatever Ws to hs
and ss.ns exercise Of the power. they are 70 enact
legislation, TO adopt make all Of the forms, ussgss
and modes Of procedure which experience has pointed
legislative bodies to act advsably conduct their
D<rations with order and method and 1t viii assist
P0,a ca ih sn o. Ie powers which
possess, consequence Of tbe authority conferred
upon them to make laws and ordinances for the govern
Of these and custo which in State or natoas
legislative botes, have the force OF law and BY which
ns are ana 10 the
each Of the two houses Of parliament have from their
course Of procedure, q b., Io2 Hats 49, nots) that
To- each house has gradually defined e o.n powers and
II s ,sl o or
rating ppon matters connected with Its organiza.
ticn, It's power rights or privileges, except whore
both houses By the passage Of general statute when
in either house certain mode Of procedure has been
o the
stsr Of similar character, and thus In progress Of
time succession Of preesdthts have bssn adopted,
ss d.rsSs IN each house, Tnioa IN England faoTa
BY the general sppellston Of parliAmentasy law ks
ii.hsS. il a. Ssndns uSon tbs house adopting Il a.
law enacted By Parliament y binding upon the ma,
ton DOni1 ,ak Rsein. r. r rs q a. sals SOo
10 this country the right o. either house Of the IAgs
isturs 70 esabiish and regulate the in which
Of the right exists in the constitution OF this
State and in that portoa Of the oonsttuton Of the
United Stats q sp DO Nc q nS
nitson or restriction exists Is competent for either
Of the two bodies composing the Leglature to DO In
their separate capscy, whstever may BE- essential to
enable them TO lesisats The principles or rather the
rules constituting parliamentary law, having their fouu
II sS and sn Uniform
binding authority Of that law over esatve bodies 20
far It In applicable to form Of government, has
been universally acknowledged Indeed we're other
WISE the tourse Of Legislative procedure instead Of being
rs IL Is we'll Known, capable Of being ascertainsd
would be involved IN The grestest uncertainty and lead
to encless confusion. As in court OF justice rule
when cnce settled In ged ease Is bndnv there
FORE upsp the court and upon all inferior rlbu-
nails that the law may be known instead Of being left
TO the uncertain ceerninston OF every judge, 70 In
legislative body what Va been decided upon az
the a. prssedure IL abb rsd TO thereafter
In sH ,rnl!sr e.ees This ia to b. underatcnd, how
svsE Tih stus qualification, for has sep the usses