New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-17

JodgmeDt ror plaintiff affirmed, 4i,9 costs.
sVpRrMz COURT-SJcIAL T.Sn-H.fca iS-B'f'r'
JIdge CLERK'.
,,wrp. az THE CITY JUDGE OF BRooKLYT ~ RELA-
TIOS TO sUPPFNESTAHY PROCEEDINGS t'DLn "
EXECUTION, ISSUED o. JUDGMENT ~ iHN
SUPREME COURT.
Cu.bm.n aud snotbtr sgt. Johnson. 49,,
After the recovery OF Judgment sgsins' The deiend-
Ant IN this Ac,or Proceedings supplemen'Sy 20 ne
g snsP,s CIV Jsi Of ooyu tied toe
krdAnt appear before BIN for ~ so4,ian, s zoe
siion appointed receiver and 'ub'eq1enty tf "a :.
heed eopempt granted order requiring the d'rnosp -
show cause by an at.ea'h , ,se,. On me sr1an ms
III. udse had sdcon I? entertain proc pe
nentsIy execution Issued % judgment e'u III
eined that this power conferred by the 15'h sec.
ton Of tbs &c, Of 1919 ors.1ac Court Of srookyn
sws Of 1919 D. l7i The leDs1Gse Of tue &c ION - ne
KIM. ali he sowsrs o. Jas'ce Of the Court
Chambers and perform all such duties and DO all snch scs
The Ib Of Say s47 by tie Judge. the Cont Of Common
Pleas o. BY ans oos or aoIe OF them a, -" &c., %
1.-The dete q Counselor i the Supreme Court sad a;ng Is
Tie Les.siure doubt BY TIM. eDactm~rt INTENDED 70
oonfI upon the City Judge a lea the Pwe's formerly Po
thai. under present COnss,uon. the Legislature d4iA
The "ec Of supreme coar. Conmi..ore abolished
together With that Of Chancellor The then eEs ing
Gle H. Sec. OF the Constitution Of 1885,
The office. then existing Of Supreme Court C3mmssoIer
plainly abolished by this section and the 'rm OF every
person holding that Office expired toe time aent IN IL
does interdct the LrgisAt1re rom c11i"llS
similar powers under tbe new Jacary sye ea3ishsd ~
tts Constitution Iii quite evident tina, pioe'o nsn
Chancellor Vice Chancellor off wbseget may be
s name Po"e''ng the same ehsracer OF JIM. 9n toI
system provided in Article VI Bat does the prohibition
toT. had preyiouy 70 the present Constitution bestowed
who rot judges Of the Court in watch the pro-
The once OF Supreme Conu.oner vas 10 eIis.enc-
When y. OF S. % %doR']d ana ana 1s,
ths respect not only does not contain any express PROM
.fee Consultation Of 1915 much minute IN s
provisions relative to the orgsrion Of Courts md 70 %
fs,e Of established and msnfs 'ouven"uce hs
Ss 10, o1I @ "n wa G ~ cI
pre,s provision bs, effect would hsve been inserted in the
Constitution The bare ab ioo 9th Office Of Supreme Court
Comn,oneI it formerly existed IL not Of i'ief sufficient
restrain the Les,sure legislative power in zach safe
o. the Nations. Constitution, or where would be obviously
,2 sS S,ss s 1S' nsc3sS 10 the & eone
authority y exercised by judge Chambers upon
Cosrt Commissioner 10 abolished, than in the right TO
,.ssns %.i the to Office Of IN Ss Se &
b.d. On the contrary Section Of Article may perhaps be
heretofore existed. The section provides. tina; The Lesisla
,h have the powers to aeI sud sose the juI,
fore ro,.o..td" This indeed would no. be suHcien,
c.pseiy sSd limited lie ast of ssaera government
prescribed sphere either expressly delinested Unnecessarily
wa, not Intended the authority of ,he Leesla
tue in relation 70 Judicial proceedings or 70 prohibit y from
accustomed 10 make.
am therefore Of opinion in the absence of aqy express
provision the contrary thst the Legislature retains the night
81 comforting the power formerly e1e.ced by supreme or
that name existing the time Of the adoption Of the Constu
H. But consider nevertheless tbst the rich, does not
tend proceedings to an exc issued on
judgment recovered In the Supreme Court IL is qil.e GER
tain that the Legislature has not the right to authorize the Cy
Jaese Of BGotyn to exercise complete jdGioa ~ cause
complete jurisdiction in cause pendiog IN smother
Court except where expressly directed by the Consn'or
positive ptohbitOn thst
e would be repugAnt To the whole sc pe aud scheme OF
the sixth article Of that Instrument Such power would be 9'
the judicial functions aud be inferred only
upon the Judges Of the Court in which the sc "a p.ulas
The ordinary Chamber business. formerly delegated 10 per
pops not Judges the Court consisted Of proceedings col
lateral incidental and Of mno aud practical description
not involving the merts-Snd Hevef inpar 500 the power -
punish for contempt IL was in stea measure ministerial
Proceednss supplementary 20 execution In
Identical with ordinary Chamber business; they are Il soe, sl
ChsncsTy and the jurisdiction them brings with u
spo~er punsh-A power with which Supreme Court Com
mission such invested These, therefore, Se
Of the Of the Judicial fnctons and cannot be transfer
red persons judges Of the court in which the ogs
Legislature to have conferred this Jurisdiction the Judges of
County Courts had not been expressly hOzed by section
u Of article Of the Constitution.
Ill Further Of opinion that IL the Lsf
e.sed this right, they by the con ea the City
Judge Of BT0Okyn jurisdiction supplementary proceedings
IN scons not pending in bic Court The words powers
of Justice of the Supreme Court Chambers" comprise
merely the ordinary Chamber bushes. and do embrace
elementary speeds. proceedings OF any description they
specific aud positive enough TO confer him general aud
continuing the subject aud nt sound maxim,
that Interior Court shall be presumed 20 have jldi
ton where does expressly appear have one" this is
especially applicable 10 Commissioner In respect
s,eh contributing Court no claims 10 exercise the
and eItoIdnsfy authority over the liberty and property
Of citizens which the jurisdiction proceedings supplement
cry TO execution eopfers
III. proceedings before the City Judge u, therefore be-
vacated.