New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-30

If
to tlace n, IN in a cu.tody rot legal an prop r.
;rrthtr stated that the peace aud Tranquility ~ Ga
city y<o'id be- endsrgrIr unless these Police Com
missioner were rcs;rsincd. This was obvious that
he pesoc would be hozstdod by two bodies both A.
ten ptI 10 cGerC~ tie same functions and claimed ~
Lo,f Tie third proposition II the couase WAS that
he Judiciary could interfere with any portion Of the
Executive Of tn STATE That night have been So
tny YEAR ego, but Il was now manifest .aa. tie
only SAFETY we had was the power Of the Judicar,
.ke ised to n-iTsn the reckless and partyan acts OF
par.izan ard reckless Legislative maipriiics When
ih.v ftfu-rd TO ID intefDrr, oil talked about Of
life ard liberty was not worth button To 3 certain
.pient the propagation OF the gentlemen true.
The Court could not restrain o Governor. bat no
could doubt that they could Restrain con>;abr in
LIS at.
Mr. Fvarts-We doubt if Court can refrain a
constable from serving process.
Mr. Sedwick-Then W. will attempt 10 satisfy YOU;
We hone that the Court viii be able TO- II we do not
TIE judges had al fret treated a quo ravra7t3 a.
a criminal proceeding, but they abandoned tia. doe
trirc partially at the outset. Attorney General agt
Itios Insurance Co.. He desired 20 call the attention
Ct thc Court 20 the fact e the applicability Of any
citation al authorities in England given under
uora:chca institutions The whole idea Of con.titu.
floral law was Of American origin. The suggestion
Of an appeal TO the Judiciary, to resist the
wrongful acts Of legislature was Of American
birth and the counsel had passed by the whole
constitutional question without reference 70 il at all
The counsel Mr. NOyesD lad con,ended thai no part
of the executive power Of the State was uader the
coutro. If the judiciary until the Judiciary should de-
eide upon jury tial, demurrer, or by some other
II ears that the party was acting legally. IT, did
no, doubt however that this Court had the power,
If il -houh decide the law to be- unconstitutional AMI
that Il parties could be busted. Caap. AS Laws "
y ISL This act legislative recognition Of
the power al the Court over Stat oficersthe highest
fcer n next 10 the Governor of the State II rccog
nzed that 1t competent for three Judges Of
the Supreme Count TO eIjoln the proceedings OF
NJ
iuc upon notion one hundred year, old. held
that there no power of the .lniica.y To IN
teriele With Executive officers. Ii the judiciary
had clear, settled right to arrest the prUcecings
a State officer why Wa II so m0nstrOus thar they
shoud interfere at the incpiency of the proceedings
He should be glad 10 know some reason, and some
reason in book less than five hundred years old.
So long there were two courts OF coordinate Jurs-
dcton, one Of common law and another Of equity. 1t
was very natural that the former should look WITH
great dstrut upon the other and should therefore dis
countepance il; and that the courts OF equity should
pause because in the end the litlgants become
involved in greater dispute but the moment
this distinction was Discontinued. and that both
equity and common law powers were eNer-
oised by the same court. il was inevitable that
the Courts would assume 10 stay proceedings when
ever the serious equity Of the case demanded IT, No
doubted but this should be held in suspense until
this matter be decided. The decision of Judge Davies,
deli, cred this day, decided that the bill could not
hold, because six words omttcd-because the
words and such others as may choose to come in.
were not added to the name of Fernando Wood in
making Application.
The Court-Does not Judge Davie- go into other
points
: Mr.. Sedgwick-No sir, not at all.
Mr.. Fied-Ile could not 20 into others if that was
sufficient.
Mr.. Srdgwick thought that the true line Of Judicial
duty would have been to have grappled with the con.
stituticnal question also. Upon this complaint and
the affidavit uncOntradcted "a 70 property, depended
the decision OF this Court and he thought it exceed
irgy desirable to stay proceedings until the consti,u
tional question could be disposed Of Now in regard
70 ih, writ Of Injunction, /. was held by section
40 10 be civil acton-a thing utterly unknown until
the adoption Of this Code But by this Code were
governed Why were not enttledtO an injunction
It was no answer TO say an injunction in En-
gland would not lie in proceedings in the nature OF
a quo vg,7auto He admitted they not entitled
to It under the divided form OF jurisdictions. The real
point was whether the tribunal which had power IN
The final issue had not the pauy power 10 stay pro-
ceedngs Tor few days or weeks until that should b;
decided and particularly when such great interests
were involved. Tins injunction 'h.' COUNSEL con-
manner in which thc new Board could eventually exer
else it. functions except with VOCATION, hiigaton as
not this case within tn rules in bills o; peace Sory'
St2 and Attorney General agt. Mayor
OF London CLARK 81 Fenellys House of Lords Re
u.rts Al 10 iiS. W. had to reason nom the nature
al thing- from rights Ia arse, aud IL" take Is auipr
ity the rulings Of crown lawyers IN tAe Gays OF me
Blautagencf- ana NlbhltS' Al ii'it WI N O'
fled designed to secure tranquility il was this. Here
uer. two powers Numerically at Issue. BOth were
desiruus to have the question decided C(ud MOI
thc,e gentlemen wait until Il could be- decided onc
party must give way. lieit was nunc'PHi pPMGGI
Jealous Of the invasion OF the Constitution. Should
be matter not be kept here until this question 0f tho
was settled That "s The question
The counsel called the attention OF the Cour 10
Of he State Of New-York were towns, cities and
yilhees Art. g. sec. y, counties AT D.
sec. D.. Assembly Districts tArt 3, sec. 81, &c.
~ r, gard 10 the power oi the Legislature " iliaAc
subdiSt,us of counties, h. referred to ne casr oil
Fveyu act Camp, 10 Barbour. judicial Districts
were provided for in the 9th section, subdivision l.
In regard 10 cities towns and villages, certain powers
were retained but in relation to counties the ieg'a-
tule had no power, except Mt certain times ana u.'er
certain condition. Thr trainers Of the Constitution
Of II 10 evidently had an object IN view. Seton
provided that all county, city, town ana FIlagc ON
Ger, hould be elected &C. amt that all otner Cicers
"a, prov ,ded t,r, or which should be created snouIu
be- elected by the people. By these acts the Trainers
OF the Constitution OF 1910 supposed .hey nau nAoI
the geographical lines Of counties, ana contenpatsu
no other subdivisions. II there was anything that the
judiciary of this State was tDunu - 'ahc
notice Of il that the op)ec' VI Tue
Constitution Of 1896 was 10 decenfHo inc power d.
Albany and II was a historical fact that no change was
ever hailed with greater joy, or would be ad1eFe 70
with greater tcnaciy This act, now the SUBJECT u
TIL. litigation, not framed with reference 20 pes
a METROPOLITAN police district that was an aitt noNSn
II VIZ Drawn tr.t with rctercuce to the CRY OF New
York and it war not until after they bad ran aioui 81
the slag Of the Attorney Generals opinion that the oil
wa. changed by including some Of the rural d.', tse
which had a. much need OF ponce as as, 'ney
SaG 81 a tnrop nf ianissaries The whole bill was
wors. than a violation Of the Constitution; il was
patty suberuge to avoid the letter Of the Constiiu
don II one county could be added to aaGtast anu D
called District where could the pracnce De s'oppeu'
VI, difrence was that from adding ono county ID
another. so far az principle concerned 1000,
IN. Court-The bill does not do that, except ior