New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-25
The Court then adjourned to this morning.
SUPREME COURT-SPEeIAL TERm-Dsc. A-Bsfore Judge

SUPREME CoUBT-srneIAL TEnM-Dsc. A-Bsfore Judge
ROOSEVELT.
John Hecktr ct al. sg The Balsoce Dry Dock Company
1hls acton, which is brought to test the Question
as to whether the footing docks in the eastern part Of
the city nuisance, and such, preudicia to the
interests of commerce apd depreciaory Of the value Of
real estate in the pegbborhood, inasmuch they pre-
vent the building of warehouses for The accommodation
Of large chips. The plaintiffs have been especially in
jed, it is alleged, by having been Compelled to load
aud unload their gram boats great distance from
their Touring niiIls.
The cause has been on for several days. To-day it
was brought to close by an argument by Mr.. Tuden
behalf of the Dock Company. Mr.. Field for the
plaintiffs. Decision reserved.
IMPORTANT DECISION ON The MAYORS VETO POWER
THE COMMISSIONERS OF DEEDS TO BE swoRsIs.
In the matter of the Application Of Julius Mr. Achey for
mzndsmus, &c.
Before Judge DAVIES.
The applicant in this case claims to have been ap-
poipted by the Common Copbc Of City of New YORK
Of Deeds aud alleges that he has applied Mr.
S.al d See, ' md which he has declined 70 d.
s.sed tor to compel him 10 admit sef uch oath 'ohH FOOT
Dawes, J.-By the act of NJ arch Z, 1913, laws of
ss chap 10Y dss,sd that BE- y , S Ga IN
a." Council OF such cities respectively .
Oh The &c of respective cities OF tins State,
exoluvey without the concurrence or cooperation OF any
In relation to appointments made 10 and for this city be-
quiIe what is the Common Council OF this
Steilop te Amended Charter OF $780, tD.,es Law.
1881 declares Board Of Aldermen and Board Of
Assistants shall together form the Common Council OF TIE
Section l. of the Amended Charter of 1885, Davies Lsws
r. O declares ii the Board OF Aldermen aud the Soard
of topt euneh shsh 'ooe'hei '0iH 'N' "o'N ~ "
1t would SEEM Therefore be quite clear without any
only Board Of Aldermen and the Boaro Of CouIcnen
Bn viii BE- Iecoleceq th. yre'S', TO the AMENDED S
tbo Charter w.,e members Of The Common Couec
aud with the Aldermen and As'a9t. when assembled
l75 By section Is Of the Amended Ch1re, OF 1850 o.
ooIa,r of the Cry Of NewYork shall be member OF The
Common Council thereof af.er the see ,nd tuesosy Oh &
lh eAPT Sspr woua .e re make clear byoud
tson ta,t ns Oo a Ron soS OF Cuoeineo and that tho
M, cannot be Ieeaidd ~ any sense As o e @ Az
% in .ppointmen,s shall be made BY the Common
Council ~ meas ane h ~ @ % sps1iic.bie 10 the ~.
Erection Of Statutes which authorize reading Of
that under 80 Is S & es If peo mt
ment conferred by the laws exclusively upon ne oonn
Council to be exercised py ~ IN m o,br
noncobcuricbee % sne ~, 0a. !. nn,.,
To exercise the powef OF sppoihmens 70 oI r. s.s2
executive AL, sa 10 ~ u. rrn OF tbe Amounted
That power make appointments to office wa,
by th. l.. Of The Amended Charter Of lsiI Da1
Laws, p. N5 ,,., ,., No oo,,,i,,s. q, ,nsmbero of
By that section ~ - Stm rsarm an, rx.cuave business
whatever except such As II - OF snNi oe 49,, yr I'D
f Aldermen may approve reject the ons made 20
them hereinafter provdea me pow. " r.. srsr.
csed BY person authorized TO execute h Js
cIsnon Marbury vs. sSs ~ In PSe,isenD has made
Mashslru that says: W hen ne Tue les1' - his
appointment ne hss ,;c y, the case If by
Law The officer be the will OF the President inca
anew appointment ay be mneuAeS 49, bs. srist.d
ns e mad" never to hsve existed appointment eau.
be als ~ Ss President the right.
sauirrd are law AID nOf ey sS'
Pr:dtnt they S.,ieety .ppsIep, therefore
exeieise of the power 'i Inc appointment -
;, Of the LEGISLATURE in the nature of laws are re-