The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-25

would now saA The Court IN relation 70 the evasion o. no
ssnton-fraudulent or far-or the legislative department.
ne government Ibe Court would recoiect tne cAs VI
Fletcher Peck 70 Cranch l2S, 1907 where ne Judge
SAD, t9e question d The improper motives OF the ieeshs
uIe IN peeing an ac was very oenoaSe quoetoo woA.
never ought 70 be decided In doubtful case the Court
bere would declare that would entertain tnss sit on Inc
ground TINT there was An attempt ON me part OF me legs
azure 70 evsde the oonsneaton, would make decson
no judiciary would ever Do allowed 70 make AGAIN
Hesdes where did th Court get Power 70 uy me quos
NOD a tns I,le 70 an Once sncsr oy an sGuon qso
xuro~oT he qsosed secoon AZ Oh inc cooe IN reeesno
70 ih point 70 snow ina. none ovt ue Aorney 'snerS
could bring suit 70 Dust man rom once mr. Wooa
came here as citizen and tAJ payer Mr. Wood was NOT
nghnng here tor the r&ne OF brooxyn or staten Island,
but Tor the rights Of thus CITY, ~ 70 VINO coud issue vsld
order to the one thousand polcee9 On s cay whether
on one OF board to seven Mr. wood was hot ehued 70
Drng sutn an acuon Ine only way m wncn the rght 70
the ONCE could De tested was oy quo wdren0 80 very
cautious nad court On equity been tlat when Que oman
had brought an action to recover the fees Of an oce they
by quo arTa,No He referred TO case In Paige o07 70
show TINS caut<OnSness on the part OIL courts
he concluded this part q his argument by repeating thai
TIE Court had no jurisdiction over the subject even had
ursdicnon over the parties he DENIED that the piantn
IN TINS case was m Position 70 demand he exercise OF tns
the subject The only right of tax payer Is to bring an
acton as oenehcary or eet fs truss AGAINST ,ae Oor
Christopher & Triton against the Corporation Of New
bxk, which he characterized a. tbepOs dsSn0sw OIL TINS
qasston also 70 the case Of Debsum 10
4 -
@ action by Ian payer ~ tho osAt CUE trust, ageuFs mo
Corporation the trustee Of the tax payer 70 restrain
from eNtfavagamy eApenohAg tne aaesto wntcn he ls
contributed There had been no ayerent that Mo taxes
would not DC diminished by TINS act
MI OSonor-n TINS case they would oniy DC Increased
some SN S9t as u SO nappens. ~,
MI. feio-Mr wooo mas not pased ms conpn1ht on
any such grounds Counsel cited several cases to support
MS view mat you cannot bring private SUIT 10 apae pub
Dc nuisance unless the plaintiff has sustained SPECIAL INJURY
Mr. Wood could not therefore sue as citizen Could 10
then sue rs Mayor ne could not ii ne SUED in his ON
eA capacy as Sohisssoner ne should nave associated
with him the Recorder and City Judge II they did not
join nim he should have made them defendants
Judge Davies-Ihere Is no such allegation rs that he
sues as commissioner.
M ~ an sr none a. az ,oersors ne nas NO rs
70 sue AZ an ana tne court mas DO Jursdcton Mhers
were they now? The injunction did nor restore the Old
Commissioners. They are gone-gone rrevocaby. The
court might stop the new commissioners and teh There
was no control over the police and the city " In state o.
legal anarchy at this moment
are they noa
Mr. FeldNo, the old Board Is extinct and the police is
Mr. O'conor-No, they arc under the control Of the
Chief of Police, who " city officer.
Judge DaviesIhe Chief Of Police Is not removed Is heg
Mr. feld-No, sir; but the police Is 10 the condition Of
an army in the neld without general
Judge DaVes-lhey are subject !" u'e orders oil us
ehsrh; -,
court mad power over them rs well as the Sheriff and
o'ner magistrates; 40, ,,
Juuee Da,'es--D"ss not u'e new oin Commonplace tne
change OF inc pohcef
Mr.. riea-So sr; does not The whole power over
OLD Beard Is gone
Judge DavesBat Is the authority Of the Mayor derived
from the ssi Oh is4s gone awayf
MI fied-it - al gone. me power on the Mayor IS
o.rveo nom TWO chsrh, the cnarter OF isio and me
Snarter Oh 1900 fach Oh these charters Is declared abso
Iuy nun anu Fou oy inc new cnafsr, winch goes mo
shect Oh sns ~ oi May.
Judge Dav'es--wen the misfortune wiz come hcn
Mr.. fled-So mater what the Court may do now, All
powers uefved UNDER the charters OF lss9 and 1888 VIII
Dc 'Suns 'snea next fruay' NO oter power save the
power of the legislature can save this city from legal
",
Sone II ny us n.'roponan rob-, p: II tne boafu o.
81 @ 90 not aror.on he ses 70 ra,e te money
ihey are required 70 do by the threth section a tue
piney can gct no pay ior year he thirty SEQ
Won oecres that 'er the nrt meeting OF the new Bnard
Sns,inns ~ ar ia ,ss ~ p"oe Un uo
incuons " ,ho oiu poaru ceases Under thesc cucuni
ga y. "a, '.hs sne asuon was "npreseaena
g. a. ,ha, 80 49,. 60 .,. ~, - eio'a on.,i eA
s,nnL IA ,ba, .h corsnua ~ Nv H., S.s w
Ssd no disa~,rons nv, rsa, nc On, ,s ,, h
~ bis ,rsrynont ,h. ,,,ocsams co. So, ssh ~ ~
sh AZ ,m 90 is ~ s y. sui "a soo. on l'a
~ % Say haco,nss he roca,n, ~ 90 , sui 80
p,a ssy Nv, 49, w reeeuens o "lnorIow. 40 one
I ~ Wv ~. -, i S y. wv ieaa w en'srng ms tn
20 .t't' wv NV"' w W. fV@' " " FV"PS' "'a onoO
'us,y' o,,,u H., A.. ..,u. ,,.. .u.,...c,xxu,, a.,
Mr Nuu'nE lcboWeo Oh III. Ssmc sue, ai'rr'irI'. !"
some authorities 70 support inc man proPSlbonS o. s
y ociaeo-smons them 70 The case 70 when his honor
MAD reiefrea the case Oh the prooNyn ierlsy-bison
against the Mayor o. New YORK 10 Barbour NJ.
ry ana decsien 10 ths case ne claimed W DC N SUPPORT
OF me IroIosiuops Q, MS a. ocs' 10 read inc sos'fact
o. ascca % ts suseae oonrt o. Ms Ssa, :, se
nNcrea peor. Juugo Snorc W tbe case OF lei AZ lar
oCsn sA' Isaac WINCH SpSe' W "eA' vi N'
. Mr. ehs, oonncr iono" 50 VI oehan o. ASor mooo;
Maeh haa eeeh s.a aoous u.e very gt'1 npofs'oo =.
the present cas- p@nt o. Us 'ne on goou ordor peace
snu ssey HIhh ,e hetrolonIh uh trc' anu nai also
been sara mar grs,, a. VA 's ihlorce an tul respect
thai impcr'anee sn INTO hsignihcace N oomsron with
that Of Tho example which was being set or would DC set,
py 'he case now peore uin nc aereed I'M. uc oxann
involved mnGh more iinlcr'. mseIs ulsn Va. uhger 70
peace anu craer-i" there was 10 danger whaeVer ot
peace and order-and the harmonious action OF The police
,h con , Q, WI" ue wa r 90 n sse