New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-24
BOARD OF ALDERMEN.
MosDAY, April 23-Ald. PARsER, President, in the
Chair. A quorum pre-ept.

PETITIONS REFERRED.
or several persons for remission OF tax. o. james
Davis Jr a. aipst The iron staircase corner Of Pev
~. and CoeDties clip. or the Third-sv. Railroad
Company 10 be allowed TO charge ten cents for each
psseDger oonveJ ed 10 and from Harlem when their
rails shall be lao TO the above place OF Gdnnel &
MDturn for the exclusive Of the ~est ALI OF pier
40. 49, and east half of pier No. 20, f. X.
LEGISLATIVE ACTS.
A resolution Wa sdooted 70 print 200 copies of all
the laws passed the Legislature darog the past session
REPORTS ADOPTED.
To pay the bill of Baker Mcspedon for printing
the City Charter and K.nts Notes. To remit and
correct supdry taxes enormously assessed.
POLICE S,IyITY.
AID BRIGGS presented report Of the Committee
appointed 10 Investigate the nativity, &c OF the po-
lice Tie paper il only review Of the evidence
taken and promising further Information which they
expect to procure in preceding with the invesiizs
tion. The report was ordered TO be printed
Aid. WILLIAMsoS moved 10 have the Committee
discharged. Lest by vote OF II to-
THE NEW POLICE COURT.
AID. HERRIcK offered resolution that the Police
justices Of the Second Dis'rc. Court b. directed 70
held Court alternately a. the Police Colr, ns
conner Of Eighty siIth-tt. AID Fourth.sv a. <e zs
at jefferson Market, until otherwise directed Re.
ferr.d TO the Committee on Police, with power.
The LIQUOR LAW OPINION
a long communication received from Robt J.
Dillop, Esq., Cour sci 10 the Corporation, giving his
opinion the Liquor Lsw, the same ha' Jog been
called for by resolution. 500 copies ordered 10 be
printed
OFFICE OF COUNSEL 10 CcsPosArIos Apnl y, 1851
hsys had the honor 10 receive .ev,rs co from
the Common Council tie Mayor and other De
oue.ins TIE opinion Counsel the Corporation upon
eDed Act for the Prevention Of IatemOea1ee Pupsr
poin, Ib,s leave to naIe ssrera reply in Iepnt
Ibs.sy the Chat Of Mr9.i.SHee' 70 l' Il "a: Or
for he time being snd other whatsoever snail h-ve
s. a or SAID Cry u. such persons shall think ft 10
keep tavern, i'm ordhzy or vctusog h11e sud
sry otb,r sort Of rxci,ebe or .rong liquors the CITY
OF E.uYors by retail or The small end tn ask de-
nsod and receive for 'uh license 'nih SUN Or sums OF
mercy msy agreed not exceeding inc II N rty
.bhss eseh license al wo'cn money!. received shsi
The 18th s.ction If the late act Of be Legsa-us having
provided that eense 10 .e liquor s.ceot therein pro
the In that particular unswiu violates OF the
OF the City granted BY the charter
tn. power To re- The sze Of liquors has been
sauy execed by the Legislature in disregard Of the Char
ter om the earliest period Of the history of the STATE sitter
The adoption Of the Constitution. b. tho act OF 1901 Com
missioner of Excise appointed BY tue State without
whose license sale could be made BY the acts OF 1874 and
1925 Mayor deprived OF his exclusive privilege and
the Aldermen and ASSISTANT Of esch Wsri associated
with him 10 graz ting ene' SUD no license could be granted
with-ut the Of msoy OF them and by the act Of
s5 the CouDcmen substituted in the place OF the As
In the Of furm,n Knapp 10 Johns on 2s an ohsc
on the validity Of the act of 1891 suprsedng
III Of the Mayor and IN violation OF the Charter The
from the vioence in the that
the Corpora ION had given their assent 10 the act aud ji not
deem therefore Necessary 10 discuss or consider he's "a. the
Lesisture without the consent p the Corporation, might
In the Of the People Morris, IS Wend 325, it APP
pesed that the ustees Of the Vlsse Os1eDsouIh were
their charter empowered to licenses for the sale OF
lnos and That by subsequent act OF the Legislature the
pfwer taken snd eontsn1:d nat the At W"
.,s The Conrt horeveT decided thac valid ex-r
'e OF the part OF the e'stGe that the power
upsound sbsud PROPOSE ion that politics.
conferred BY the Legislature e.n become vested nEnt as
against me Government 10 individual or body OF men II
political yorer lana the nsnt OF licensing the ae
benefit will trustee bu, for the
we.l How long shal exist or in what manner Il shall he
oofed questions Of the chartered
on, snd beone usive the people through
'h L,ssoIe y ss ode Gy the sSna 100
(Kenrs Charter page 5 was eontended that tbs aet OF
the Lesilstai. sppotths asue's o. nf'n o ,ne uy
thepin Illegal because 1t violated the Chatt- Of Mont
Co poIson and their forever with the nsh to
ts'e and receive all fees. profits ard Perluses arising thsT-
Corporation TO sppont measures, grant Of political
power coupled With interest TIE ices as com oen,,
the ht Of property or intended source OF vengs ana
that hs. the Legislative act was valid and tae CHARTER
= Wei. ?: fs S s% The. Fl :a p
csl power municipal CORPORATIONS are held at the viii OF
the legislature, who MAY ABOLISH aoIase OF "oay ne 81
The Constitution of the Stat. contain. provision taxing
Consuticn shall sGect grants Of Iaed within tn: State
made BY authority Of the Kins hs piedeceson or sh, al
naSe" Thu. 1t will be imposed no prohibition upou
Il ssture snd probably asserted nom abundant e,u-
ton Chatter OF the cities ell luo not oe considered as
,wept away by the Revolution, which bal abolished the
Crown and substituted snew Government 10 johnson n
But poitcal poey' be eonfouoded With ,ght' IF
Ppy such IS the gran o. spo ,ls b, ,r.a,d TO
the y by the Charters rim the Crown such ng1ts are
by the Constitution Of the United states ~h eh re-
ssds the e conusc ard pro1bs the Legislatures Of ths
passing cry sw nPaI,Ts then oelisa9s to.i
sh the L. ssture has control than over the pm
vs,e ighi. Of property held by ndviduas ,,,.
heTef1re OF opinion the Act of the Legislature
is ot CD Unlawful invasion Of the Charter
m,u and the Of Ward or m'ori'y OF them,
have the Se ses to ss 80. .seoo. o. the late . dsess
that to sell liquor except IS therein PROVIDED
sIs eject immee atey The "a section to 90 into effect on
the let Of May provides that citizens aod electors m
he, r sale snd cell liquors fo certain specihsd purposes
upon the performance Of certain Conditions approved By the
Judges Of the Common cas-. ,,
the Mayor, Aldermen or uncllqep and that no eIi.nns
which! by their term. expire on the l't May next
,ee Of The Peace Pole. justice County jude, City judge
ard in addition the City Of New eaeh Iuee OF Tue
Marine Court sni the justices Of The District Court aud The
Rseode shall have power to and charges and
punish under the sc and the the
Mayor and Aldermen sbr,eed within these de'so.ious
The, are BY virtue offices Justices Of the Pe,ee h.r
ter 26 and this has not been estretso oy
IN amended Charter Of 1855 not allowed TO act . JUDGES
in pe of Over ard Termieer or IN the Courts OF Gen
a Special son but exercise the power OF ma
erates in the bains e5mnitm+n OF offenders
Law. of 1855 But similar povers IS Justices u the
P.s.e .o belong Justices Of the supreme Court aud the
Judses the Superior Court, wh' are se the Mayor aud
kS,rn.n Justice. Of the pesce gfcio e 7oi, 7o)
no n The duty OF executing this Act devsyed the Mayor
snd Aldermen shared in Ike manner y the Jut
. of The supr. me and sup, Courts The however
rsc fes tbs particular officers whom the conf led
ard well essbihsd rule of construction, the menti1n OF
Gle . the exclusion Of others. -
am fore OF op1iJn that neither the Mayor the
Actrmen this - hear and determine
the ehse pun sh the off srisog under OF its
provisions People Mayor &C. Is "eni 81 Morrison
MeDopsld, q Maine. ST..
Fourth By the 9Th section OF the act certain dues are
imp, sed upon every sheriff under sheriff, deputy sheriff
constable maha polio. and by the amended Char
ers Of 1889 sis the Mayor declared 10 be the head OF
nnffh nd 70