New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-24
Ia NI,ELLIGEVCK
COURT OF COMMON PLEAs-srEcI.L rrnN-pEc. p
TIE sALARIks OF DISTRICT COURT JUSTICES.
james Green at. The Msyor. &c II New York.

James Green ast The Mayor &c If New York.
The plaintiff sues tie defendants TO receive FROM
them the salary due him on the lat Of May, l951
Defendants admit ae facts in the complain alleged but deny
their liability therefor The answer also sets out the aou'
r by loan 81 money stSeP II S OF ne
iee w.re provided for the rate OF 1900 being
which the salaries fixed by the 8oed Of Superv'or
bond applied object thsn those provided
fer IN the act ss' s s iS' 5 ol p.Sss o
the Guy Treasury the frat day Of each month n.t tbs leg
any CHEZ ef gSsr Stop ,a.
vested in Defer to raise the ssas BY loan or tax
a. the rate of two tn .and dollars per annunn.
this the pAntia demued upon the ground that 1t
contains defense to the piaintf' claim
BY the demurrer s the allegations Of the plaintiff are al
borrowing moneys to make this payment that the moneys
red ~ oil appropriated TO the pec, purposes for
claim that there money in the Treasury Of witch the
pay made and that money be dawn there
frC without previous APPROPRIATION
The question whether the Lssiistare after
prohibiting tire Of az means tho defendants may possess
anp able this purpose impose tn" payment OF salaries
without providing BY law the Of either 81 oan
II It can s, dole fo thousand fot
hmiteo aud If the be thu. exercised 4.
be productive Of disastrous to the interests OF tbs
By the Construction the Lesi,atufe s required to pass
prohibiting municipal operations from ncHning debts and the
Legislature restrained the deendAn The Leg stature
had like specially limited the Of all 10 6s
reo by that they cannot be used TO pay the plant
all the real estate belonging t. the defendants sld
All to the paymep, Of the pubic debt and cannot be
used for any other purpose. IL must De
ts . ss d nd'n can only make this 0 ''''-
cannot sdop, the that the legislation sufficient
TO pose the defendants the liability for the psnfs
claims, which be- seeks te enforce by action. -,
II he have provided by for an increase Of the
salaries Of the Justice, and Clerks Of these Courts AMI have
mi ted 70 provide the by viii ne dstendsSs could
raise moneys required. therefore me necessary esMaion
Tor hst purpost omitted and the not to
be held obp The Of holding the defendants liable under
estate to be Od for the payment Of. claim Witch had
hch they from paying ont Of any within
control by the various statutes above referred t.
by the defendants where By tser own act they sesame Tue
si!y Even IN such case l. ma be sae,nsi
could he enforced in the OF contract
have eipssiy Jepved the aeerdan all Of paying
the claim The Of laws forbddns the VI the pub
TSa croperty owned by aniph corporation is to be pro
ected IN the same manner as that Of ndStaa 'bsuey SO.
se that property either directly ?, nai 1t
Iey can in pom the defendants, the payment Of OGsy,
without providing suhoity raise ssch moneys by loan or
lt H1 NIB. q pubic 1.s Their consent
Mre especially would this be when a. the provisions Of
,...a by h zoe dend and BY the
city Cove rnment out OF tie moneys raed BY sk YOU'D
ste sec 90 Act 70 Amend Charter, L,w.lssI CHI 4.6)
s IS Weld ESQ il wa. held that an seton would .sa'.
Corporation for the salary OF new officer created nae ths
now csnaned the Charter Laws nd been .dcPel and
The points row urged considered IN that dec.oa
% in ss s, s for S hs .s liable
they be tract executed ~ them uhasf teen CT
pors.r seal Conc such Liability existed before the
restriction TO Itch have referred we're IN force taose pro
visions Of law have rendered further lsgson nsee,ary II
would be IDLE TO say that moneys should De pna oo CT ae
Treasury Of The c oI ,peSa phTPo's saa = sane ns
money the Treasury purpose oiher hsn was iess
the bill hat they sh. b. sabct 70 nietnen' tor
The defendants when they receive from axes
other Of which they are und to Spy 20 sy
stecs purpose BY seton be com PEELED 20 pay ac
10 m, plated tbs tss they hod
the money received BY III, m TO b. 81 applied
soun BY tar it their d-y maxi provision.
therefor the Law aows them in case Of da n cec rag
the loan for the purpose OF thr
that be necessary Tor lie Pnrposo ms o' gov
eminent before The taxes are paid ,s...
In either of these they would be liable % s3ons ny
a elected povde for and such cains they pee
due bat there good reason why they .eoGa De
by udsns execution 10 do wnAt the sVs have pro
hisitsd or Re compelled par with their prcpe, TO meet
payments which the Leg'stnfe h. proposed we ut prov os
does NOT follow bosu.e the defendants have been "a
provide the mean. tor th. payment t, the p.ah
Qua those entitled 20 receive the .anls. may produce
=. provide f such payments their ia: .Pplcs
and il they neglect other for eds, my be re-
sorted but until the legislation adopted &C. 10
sr,und. On which the defendants can be beid iaols
An hss Ne. taken the contatiopAy OF the
.t,ou ctinnes in oice the Cerk Of o.e coaIu tot Pc
rod of six yesrs from the time 81 wneh INC ygce,
elected tale the efcct OF ai' pr wilson would
h. the SAM a. appointment By toe Legislature stsf the
tern. cf the present Cts had expired and that .ca
y the election or appointment Ct hose ocvf to the 'eo'e
ot 10 local suActs There I, rnch tofee 70 .n 90
y,s,ior Ii Should ~ hereafter declared 20 be vielslon
utce Of The Cop.':s.cn os ~ s.ssa e,od BE-
,i,.ted while ooad BE- sustained ro~a OF Fnhs
VI :, ne plaintiff, counsel tis. there
oc,orsiions city ard county conhosenret oo.
a On dee p.dnss doe. not sPp-s, .es' snJ u:a sspo
md