New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-09-23
LAW NTELLIGENCE
UNITED STATES DISTRICT CoURT-sEPr. 22.-Belore
Judge Belts.


UNITED STATES DISTRICT COURT-sEPT. 22-Beiore
INDICTMENTS.
The Grand Jury brought in the following ndict
Ce against James NJ Higgins bostswsin of the ship Stag
hound msnsaughte by throwing overheard James Nal
colin Mack her crew, the Canton River, the
One james saer master of the American ship Ty
phoon FOR cruel and unusual punhmen, inflicted upon Jere
nsh Leahy one Of the crew, on the 2ith August no.
nors for larceny on board the Illinois fifty
eagles the property of Margaret Herman on the 18th Of Au'
against Frederick Bran for resisting the United States
Marshal on the l2th August, 1856.
throwing one E. Ross overheard on the 4t April lass from
the ship Mary Baulch Of which the accused ID mate
Bench issued in three Of these and the
Grand jury were discharged.
DEATH OF MR.. MISUNDERSTANDING IN THE
COURTS
Mr.. McKeon, United States District Attorney moved
that the Court adjourn OF respect to the memory of the
MI Shepard He spoke in high OF the character OF
the deceased followed by ExJudgc Beebe strain
euogy Judge Belts ordered the motion be entered
upon the minutes and, with appropriate remarks, adj
tourned the Court
SUPREME CoURT-GksER1L TsEM3sErI 22-BetOTe
Judges ROOSEVELT CLERKS and DAVIES.
At the opening of the Court this morning, Richard
Busted alluded in feeling the death OF Mr. Shep
their entry upon The being seconded by
Richard Mott the resolutions adopted by the Bar and
ordered by the Court 10 be put upon the minutes.
Whereas. Almighty God in the disPen.stion of His Provi
removed from midst late and much unented
associate Lorenzo b. Shepard called dePore his loss
Rs.eed That the Bar of which Mr. Shepard was prom
and honorable member concur an expression OF the lose
have sustained by the sudden death OF him whom mourn
and friends deceased brother and testimonial of
Rord That these resolutions and preamble with the a
aud copy thereof forwarded to the family Of the deceased
EIsTH-AvESUE RAILRoAD--PERPETuAL INJUNCTION
GRANTED.
Apollos r. Wetnlore ct al. agt. Miner C. Story ct al
RoosrvELr, J.-Messrs. WetInore, Hoppoch y Stu.
city and also OF property Greenwich and
Washington streets complain that the defendants under the
name Ninth Railroad Company. and under color
pretended grant from the city authorities about extend
rails through those front of the PLAINTIFF
Of their rights, An injunction granted in instance on
their application to restrain the proceeding was subsequently,
tsi judnmen plaintiff. appealed insisting the
junction originally issued instead OF being dissolved should be
On the part the defendant pretended every
The Corporation, 1t claimed may do their
discretion BY resolution OF the Common Council gran;
the privilege fagchse, TO particular individual
siaon individuals such grant, alleged hiss been made
p.sd his final decision on thst ground Aud the question
therefore h resolution adopted by the Board OF Assist
ants be concurTed in by the Board of Aldermen in
another year make H. without consulting the existing
Board OF Assistants ordinance OF the Common Council Or
must H. as in the case OF unfinished oushesi o'hei esiNs'e
When m. Charter OF 1850 declared that the essav power
the Corporation the City Of should be vested
in Board OF Aldermen and Board Of Assistants who TO-
considered having adopted BY implication so sI spPes
Die the universally recognized principles OF legislature ooaies
constituted Of two independent branches
The settled practice and under ed may say
abe common agO such bodies as aIaisd IN the Congress
heved In the legislature Of every State in the Union well
in the Parliament Of Great Britain repudstes the idea that
the Board OF Aldermen Of 1858 could take and the
luton Of the politically deceased Board Of Assistants Of 1882
and give effect law without consulting the newly elected
body. IL might have been although the present in
stance the express ground Of opposition the particular
Of predecessors and for the express pupoe OF preventing
Ate con- summation.
No been cited In which the Senate OF State or Of
the United states Of the Upper House Of CanSda of Great
Britain and Ireland has attempted 70 give effect nchoste
acton Of previous Assembly House Representative or
Hou Commons whose had expired who's. uaees
were slled by others newly chosen In their stead
To allow opposite practice in the legislation Of the CITY
Common Council its organization would times
no defeat the will constituents clearly expressed through
the regular channel Of the and TO render the elective
franchise nulty. Although the Corporation Of the
continuous body the Common Council since its division
two branches IL not Its legal term like that OF the STATE
Ies.sture upon model formed year.
no longer The Council Of 1859 not the Common
Council Of 1853
The primary object Of that act was to prevent the Common
f,nns Of cities from permitting the construction OF railroads
m M streets Of cities without the consent Of majority OF
,onery owners Immediately nterested and when excepted
;on ~ operation railroads already "oonsructed In part II
those under lawful authority and nyt oDde
yr.n,s epses resolutions oonrscts which hed never
ru SIDE uveD entered into according " The ehsr