The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-30


,Ae Governor from making an appointment, but 4 surely
could prevent police ofcer from dong An act under an un
NJ Eyars doubted whether the Courts had any power
70 interfere with constable in the ssercse Of hrs duties
Nh eedgwsk wosId raakfy hin before be got through
with his remarks Council referred show that
Ne quo uarran.o criminal but civil proceeding
But he would say here that On rely aiacous 10
back 70 The time Of the Tudors ~ decsons in reference to
what claimed 70 be the constitutional law OF this
Wy. There was no such thing as constitutional
law known In England, AND the principles of law
the ut,ra hsu1snos Company sked by Mr.. Noye.
AZ 70 the mater Of public offees, he Understood Mr.
S"y 20 nU'a , me Ss an Ssss o
been declared unoor stRnuonaL He (Mr. 81 supposed
that the Court had po~ or 70 Dust Messrs Simeon Draper
ca from tho once Of Pocc Commssopers, II the Court
bebey I'd the law be unconstitutional He referred to
be stato hwH Of 1927 page 49, In reference % nuncons
which he said hgk atve recognition Of the power o.
The courts over the State oicer acting Immediately under
the Governor up to the time d the pa OF that act
As to the p ooess Of injunction oonseDded that there
was no power On the part N the Judiciary to interfere
with the Legislature. II the judiciary he asked, had a
clear recognized authority the
tive authority at the ond OF judicial proceeding, what
great obecsion there ,us interfering NJ an earlier
stage by DjunctonY H should be- glad 10 know some
reason In reason, aud IN book es than Eve hundred
years old, why the courts should an ear
her step Of the procsedngs2 the oppo tic counsel gave
oral eoss@t instead Of sen! o9'ocit the ancosu
uuonat,y Of the law, Why shouId Dot tho Court have
power 10 Dust these persons from oaice2 injunction
nothing more than an order 10 stay proceedings; and
pssss Of ~ht sa, a Ssy apS SS IN MI;
case9 This question was question between the prin
cpIe Of e'sctod and the principle OF central power.
II usesss TO- ebdeayor " dwarf the question No
on couL don M that Il yvs better for The harmony of TIL,
city keep The matter In suspense until the consultation
f, ,f "A. ~, ohcnL h, tet ninad Co,s. re,errsd IN
bc. poy.ca daceion and rcnrayt nd thai ,yas moi dei
rabe for either side TO raort 60 these little echncabtr
which Judge Davies dissolved the injunction II was on
the point of the omission "a few words In the complaint
tbat The decision WAS made II WINS a mere clerical error
and the counsel submatad that instead Of turning the cues
ton on that mere clerical error Judge Davies should have
looka l md hphku IN int
question so counsel submitted hat hi Honor in ms gut
nrch not IN Ioot nd The mail eehncaa.s of law I'M, nj
,h a,sat onstu,,o,ai ous,,ou a. ss'a hs,e Ae con
tended hat the writ of o,.o uayranlo wa civil action
governed by the Code and that they were entitled
10 an inn,ncton II was very pl3in--ho admitted
that In England an Injunction would not be
QUO ,ys,rragto unless where property was involved
Bu, here II was dsnay ay.rr.d that proper,y was a,
stake aud the public peace at issue and he should be glad
10 know why thew war. not entitled 10 this Injunction under
the broad and wholesome language OF the Code before
court having fun jurisdiction over the whole case This
bill wa a bill OF peace designed To prevent litigation
The only possible by which tho powers Of the new
Board could be exercised was by series of ysxaos and
harassinp hpaon and no suhin,,a maj I, WA within
the province OF tbs prevent these Hugatons by
entertaining such bin tins Counsel referred lat
Clark and Fepneiy, House of Lords cases, Al-s This
case came strictly within the principles the equitable
proceeding OF a bill of peace. Here were two great
powers issue The power OF this State and power
OF this city were openly at issue and both were anxious
10 have the point at deched by the Court OF Appeals
In the name of heaven why let that decision be
sssed wss not dsirsbe for the Court to retain the ease
until Ia. issue OF the oonsttionaty OF the law could DO
dec lded2 A. IN the OF the law he asked
attention n the first place To the poal anatomy OF tho
State sovereignty Of the State of New York It's political
pere counties INV ns villages cities Conn.
eel read The casss of the To In. effect ta, an
comfy city town and village officers shou b. ee-,,.i
w ~ 10y " W. .r,o;n,ad S, ,ha lo.a an,h.,,,i.s T
aynm.nt he held was conclusive and irre.istbc tia,
hs legislature supposed Il had nxed unatsrably ,he
asssmhIv districts he coun,v Districts The civ ar,cts
,ho xilag, districts .nd the toyn d,srtc,s
and bado given tbs ,rryer of ,Iec,ion or an
continent pou ' 70 the local electors and auSoritp
he supposed that n there was ANYTHING Of which tho Judi
eary OF Tho ats wa bound 10 take notice il WAS thai the
,,,.y,on ~ ,ba ag,sIa,,rs "a hch ,ra nod o co,.,,,,
WINS IN d,cen,raiz and brak mn the nyer OF Tho
antbv n, Albany and there " a, no chanq, vshh "a No
received nv te n.u,e more fsvorabv or would he ad
hoS y, ~. ,.ppacis n Nc Srsp tno,.n zoo ,ha,
n. ,1 70 more Ssn ~ eD, '
ull thew ran iol of Tho soag OF The Attorney General
onn;on ,bst ,hey hacss ou, and ~ rect ,ss oh,cn
incl ed certain r1ral Asr, 10 The CIV so A. 10 gaIr
new subdvision of the state and 10 place tho ar,.n,i
povsr In he HANDS az he ESenv. ,.,vrer NJ ,iapy "
this he was wholly opposed If The CIV was e, be- Soycuad
oo,spned nv nnlcs, nar,ans Who INV ,bo pan,s
eS the c,,v than nv no,ca nar,,sans from all o,r Tho
s,.,c II vay hin dev,sed 10 svade ,ha cons,,,,,on
If s proyis,ons were eons,,,onal rbv c,d ma d. oil
central noer Of tho sat, be- brourh, bactS Wbv coud
NO, the same thing be done for tho river counties for the
which framed the con .u,,cn bad sad "yon shal not ca
up county,: but what difference was there between cot
ting up county and 1sing several counties Into one ds
un.H -.
MI frh-Lhe Legsls'1re can 90 ootn. - .
Mr. sedgwick-hh can be done Tor police, why can u
o., re oops io snpeVsrsr MAe TWO counties INTO one
ueuct sha VIVA. 70 prevent ,ne so.srhn in assuming
ue slponns ol SUI ssors, uhac, u'' iAne ol over
Surn ho snssnr arn 's - ~ .ne ass
laseu uuInk ~" he,c y an "c va r.efeh.a 70
ouhehg tne my HAi, Nhcn ohy a'ecn tn' Guy, mar
Dor pln wmch ahect seNers counties OF inc ste ana dos
nor aneet o.nersl anu 10Y Weoens PHI whch aners
W. commerce VI u'e Hor"' he "s h'' gong p ctuore
me-, ~, I INss. now W. - 81, 49, ,,....,,.
hr fleid-po you Gail ul's' '"nms-ivuets county or
cry onoerst 49,, "a .-.-,, -
MI. " oonor-Ne'ne1' ~ y h opc" wtA'y un~NThi.
ed oy he CONSTITUTION. lh.ie He DO cihoers reO'fm"d
there Du. Sae ohofe, Guy oh""fs' county "uo'fSi ana
~Mn ano va axe oi'efN ,,,,--.
Mt feh-i moan ihc oo eomnss'ohera
MI oS"nofIihy Ms uV "nOoss'
Mr, fr"-v Hioh" VIZ arguing u"g Ne "ehV
ouren, 80, ,,.,,, ,..,, 49,,
MT reugWck-n to.Ny lmm"'rm "houor h"y ar"
cry elnseb OF county onu'f
WI. U,onor-Ine cohsu'u''o y uo SiSs' bui sie 70
DC sie,leu ~ tne psop".
nr' fvMp-ins mayor W cily mnc~'
MI SedgWies-Ihose are Deither CITY Officers nor county
ohlcers
Mr. oCoDm-Ihey are an unbeard d monster, MOI
panc'iontd ny me Law
Mt Eyarts-kxcet the law pa-sed by THIS Leg shture