New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-22

sac =. ..sa Mach D. i,a, u rs..c. q ,s e' n.
re isti seioa q tta a.. a...sa rbt IN ca. m.or.
o. VI es voice "a" IN. eesio. to b. held ,o- s ri.
ou nd .s ;D' 'ss : o... 1' s ~ Is. As - :s1
te,. bel.- hen ,s,' 81 ssosl1 brooc,s 10.
S'n'.' pnoesdins ot-e %. 10. npd.i oop.isr,t, 90
l-s.ss HpOs BY III. Coert sf App.a. ~ sr- o. :.
d.se,as ne epsn ~ =. c4r,. .s, I, s.uuat .,;,
h1 ne piopo.ons ssSsnsd ~ ~ az oi.tlou 10 Nv.
ne i.r' 10 become SO. unri Ind rs-~.ed rs, =
so ne r.o2e ., %. 4 AGRA, e.etor IN s.r "a,
an.11e,ey from t,- terms Of the scii'e tbai tee ,
psa Or psef md nae ss ' , L. . PIP .st s
3s sS; ~, ne IL ed no p- to n.te ,se6 bn.
M ,slyst,,y 'uirsnd' fhs -hen hey ,sop;.d
Sot met rh the Constitution Ia vsrioss rpecs Ia-sd Of
Sop.iu az ~, ,se .eto. Of p. o,s,a. .PpHi.d III.
vote Of The Eecsn and claims the, the popu.r vote ma,
Which the provided are is-n se-" n:
menbeas o. me esss'ue are sioved e,,ds re.pon.
legislation rn,ted b-cour sen.r |, win ssn b %
b. ne :. 1 our ps r.: m. w..
irresponsible eab too t,nid 70 the n,bity Of az
mpo't,ne. TO nisfsd he peop. All the ss1., in,
proT,dent eai.'tioa r be wep and the character
This decision l. siuay. tie ques ion 70 the
:,i.tdon,y Of sa. .. ! is not from =.
eIds that act to amend ssd alter the charter Of
without the Of IN. eector. Of the city VA. Obtained
ia. very poin, w,s passed upon BY Judge Allen in the
In 49, ps.sd BY ID. Les.aiuf. Of this ss.s to
amend the charter OF the City Of Rochester sw. OF 1851
serpon by tie Common Council Of The City Of Rochester
the stock Of the Rochester and Geue.ce Valley Railroad Com
Section e provided for submitting eector. Of tn. City
Section ~ declared tbs, twobrds n. votes cas-,
IN svcI Of said sections then the take effect I'M
ter Is 10 BE- Of BY the L. ,.rs ADD The, ,1s, ,bt
not The in cOnferr powers sdIons franchise.
10 scep or net .. fey iDs; DEEM Ipeden may elect
So in The case now N Der consideration the provision. Of
act on 1855 called In question do affect Of Ia,
ehi'es property q the Corp confer power
an I D So hf &. sIe nut
va. COMPETENT for The Les.star- to make 1p'' ""'n
tie act to h. charter cf & :. M a. @ Ger
rake applicable 70 the Bosd of Supervisors sections I. sud 10
would be and void subs-q
leEisIs'iop has removed the difficulty The de'on 81 the
TSs .I I n. ITO asod g. S C ~ ln",
York 10 vote upon this statute This decision s understood
entitled An A: supplementary 70 .n set ,nt,sd sn SC, fur
ther to .msnd the Charter ofhe City Of NevYort p'.d
The fourth section Of this declare, that tbs and the
% rSh :ss @ . II. is Of .s
In. eSp1. tor ne ti:nS .a .o1is en-. tsA tai.
aurs expressed i.s will tina, that &C, should BE-
/. hi. position am .ciped to think be correct Regard
ina the co,smp decision Of the Court Of Appesl: Ie,.
set Of April I2w unconutonI md void aud they
therefore thereby r,snaced tie r. be observed
t,t Of phi ~ but 'uPpea.ent.iy ioit Th- graz oh'c.
all II possible discover the intention Of the w
for this purpose is to ascertain what the mind Of The
.s st bs dr, C.. SSu ~s give
ever may sr their own opinion Of its wisdom eApsdeneJ or
have doubt that the intention of thu erisls
,ur to eenst and declare their viii BY section OF the act
90 70 aes. fat the n. copdsna Sc viii OF the
in acted by the law of jane H. and the obecoa 10
the eecto: ubeGer oT not il should be1o@e lev be oJ,
have overlooked the suggestion forcby urged BY the
leaned counsel for the REALTORS that the act Of June a. ib
but 5mcnt q that Of April p aud that 40
S5 y. s:, Sd Is S not @'i. % tn. .as
for this position and the sc, Of june a simply but IN
rnifc.tcn Of nor gave any vitality TO- AP1l Il
reference to the act amending the School la. Of March
be that the lser only amends the eighth section Of
the former ard declares that tho act Of Jan 81 shall take
jude Pratt, in delivering the opinion of the Court ia the
Just eed . s' ,9 =, N Pi'in' He e.:
vote Of the people assumed that the legislature vel . ~,
Ss & we vi sG as
e a msns What tRy to be valid law
h l.d and not to take the responsibility Of ISsaaens toe
Law Itself An smendmcpt made under such go
cannot baye the effect TO make void Law valid ,,,.,.
tax. The .blity Of Tes6sns the Itself md that the
Language used more broad sod Enncsb tr %, nsn' acc
lsraiion, tia, this act sls tale eject imn-'s'eiS
an tbereforc of tie opinion that the provisions of me
statute in reference duty supayors 70 hs'- ~os
done for them done by contract are valid snd ,e Pc.
s,y and .t h ,5 Tsa Goss s.,s .rs
these provisions law and the motions ior p.Eemptoy nan
d,mus in each must BE- dcred.
STATUTORY DISTINCTIONS BETWEEN THE CITY AND
COUNTY OF NEW. YORK-RICORD oY BIRTHS, DEATHS
AND MARRIAGES.
TIE People cx rel, Thon,s X Downing AIT Andrew Stout
County Treasurer Of the County Of Newfork
An alternative mandarin, having been issued IN tbs
cause and TO which return has been made by the de-
fondabt motion Is now made that percmptory man.
danus do Issue.
81. W. Edmonds for relator; NJ. V. b. Wicoxson, for
| cOun sel TO the Corporation, for defendant
DAWES, jim 1888 the Legislature of this state
sr,sed law 19d1s sr h 1sePD 81 SS sy ~. Cy
death hsprsriue in said city aid reported to him a~'
By section of hi. act provided that said city Inspsero
should be entitled receive M hi, services under bs set spct
fee. for recording e,Sh birth asse 81 Ss' sb ss
foreoordns Of births being payable By the Board OF supev
@ for ieccrdss each birth or marriage rot exceed
| cents ,,,.
qtT Gay New i.It On, 6S9s ,sS bod,
ceeded to City Inspector for recording birth
and uaraees under the act ne SAIL ~ ~ ens e.
and Nc 80. ,.,,
by This After tie termination Of his Official term
v GSR The Board coaoy
audited and allowed the and directed The payment thefs'
f. sf:sas9 ei sSIS 81 OF
which be paid IL the sum ~ tTcp oy
lie ,nnual lax bill of ls b. raised for county eOninsen zee
and that the whole Of the sd fund except the sun OF h,d
been raid out by him upon what he alleged 10 be Ard Pc
Der upon said fund.- and that consequently he CANNOT
evidence Of such payments and OF the purposes and %
.ct, 10 which the have been spilled the County ie-su
I hiss furnished Court with statement Of ali drafts dsrI
upo that fluid and paid by him from sheh appears thA
bss psd jan l. 1856 TO Dec 1870 out Of SAD i1ad !.
f warrants aa ttTn TRIn h. me a sI o9
Tho State EewYork for the purpose OF g 10 d
xd into countie and Giles The boundaries OF esct
AVG defined BY the Revised sstutss and the power 'pe
btiss Of each are defped BY the Constl on Laws ~ vac