The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-16

10 TIE EDITOR or rns HERALD.
The Board Of wardens have cxhlesed very uno"m
Portable stase Of feeling the decision
Of the Court Of Common Pleas In he sua u rnkhAm
against rapsoott The opinion II Judge inxraAAu hal
Case although moi quite - lengthy Rhetorical
dcal opinions upon constitutional questions
enschaly dposes az the pretensons q hs wsrdsns by
showing that the Legislature bad Dot the power under The
constitution 70 deprive our merchants shipownsrs and
underwriters Of the right OF attending N their bas
ness In the matter Of damaged vessels and goods without
the Interference Of State officers and that they had any
such power the provisions Of the Law not bread
enough to confer IT exclusively on the wardens.
This is plain common view Of the subject The
Legislature might rs well have undertaken create
board Of master masons boss carpenters and prohibit
the employment Of any other in houscbuding under
penalty OF fine and imprisonment, 70 confer nine
wardens the sole right Of making surveys Of ships and
cargoes and to exclude the rest Of mankind from follow
ing the business. But places had be made for Office
seekers, and, accordingly nine OF them pensoned
off on the merchants and insurance Offices in this way "
the exclusion Of the old salts who had been in the habit
for many years Of making the surveys required this
port and who thus sunnary iegsltcd out Of occu
patton.
The Board of Wardens organized, and for time
carried matters with high hand. They commenced penal
suits for the recovery of S100thc penalty prescribed by
the law for every violation Of their prerogatves these
suits were against the old surveyors, and also against
owners and consignees employing them; but although
the alleged offences were committed IN New York,
and the parties and their counsel were here, strange to
say, all the suits brought in Kings county. This at
tempt avoid trial before New YORK Judges and Juries
did however succeed, all the were removed
into this city by tire defendants These sni do not
the question of the constiuonaly OF the law on the
peadngs They for penalties and before they can be
the facts must be made OUT and as penal
strictly construed in favor Of the parties charged
about much probability of the success OF the
warens there would be in suit under the Old Blue
laws
In he meantime the Marine Surveyors the parties
who really desired the law to be passed upon by the
courts It's existence the statute book inerered with
their honest calling, and their employers were sub
ected to the annoyance of suits for fines and Pc
naltps So long the wardens got the business, they
were willing that body might think they pleased
abot the question of the validity Of the law which gave
it h them and no great help was to be expected from
them oxpediting the decision OF the disputed points
The Marine Surveyors in this state Of things commenced
asl in the Common Pleas against Tapscou CO., to re-
bill for services which that house refused to pay
on the ground that the Wardens the only persons
who were allowed by law to make Surveys. The question
ofihe validity of the law thus raised and after trial
ami argument the court decided against the law. The
Wardens raise great hue and against the conrt
the counsel and the parties concerned in this suit OF Tnk
ham against Tapscott and have put forth long wnded,
solemn manifesto in official form authenticated by their
President and Secretary in which they undertake to re-
the decision ard satisfy the public that Judge In
graham does not know much Law the Port Wardens
This a very curious document; but If the Wardens do
not make better figure in ge'tngsat the damages on
ars sails and rigging than they do IN legal argument,
pity the merchants and underwriters The gst OF this
hng story be that they not sufficiently wide
awake discover that body engaged in defending
he law except themselves, which rs very natural, for
they supposed that body out OF their own Office
had any interest in sustaining it, and they reerate
great many times the charge that the suit cousve
and secret aud therefore amounted 10 nothing How
suit be said TO be secret which argued In open
court mystery but in fact the charge OF cousion Is
repelled by the parties and is simply absurd We have
seen points for the defence, which before the
court they nearly long the Port Wardens
neso, and present their case much better than they do
themselves The court had the nearly months
under Amusement and finally decided il grounds wh40
satisfied every body except the wardens They will md
the OF collision going all the time wherever
the question up and they had better abandon
business which they connot retain except by means OF
law which undertakes 70 provide living for them at the
expense Of equally honest people and in violation OF the
plainest rights OF the community A MERCHANT.