New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-16

inject Of expenditure had been coupled m vii"
legitimate s.d5 .G ,ss could h.vc passed With
.S. 1R ny Sas h ss i :d p pas.
sN, pas .bch one branch Of the cry Oog 1 hJ n ~
,es, tr The . ss: .ol-eriy Sd aaS, with the Illegal
Trpsc II the present. or then the whole $40 600 may
sIPed to the ay a ether branch Of The Common Council
hu " 30 I've tRot whole 20 the legal object OF tna
,hey would finally have agreed TO SpPIoP ,' s was not
- ,sl majority Of members Of either Board IN favor OF
the s'mste part Of iae % tc Majority may have been in
aScnced their votes by what cohie'''u! eA''O'1
such method Of csisation is sanctioned N t 10
Of s in al And Ss oat to be- dSlaed esa
tive body sufficient number o. Si,T add incrcaso.
iaw By ADDING men the passage Of the law mo- be
scared by such al amendment as 'HS' ''' "u'o"
40 SSS.' ;S,orcut Proposition in genera form .
complete rcf1aton OF H. u ~ one 70 SIEVE. 'ous os. Ia
tbosc purposes be legal and valid o'ne' se one Of tsese
he applied holly the Illegal Purpo" ,xtTavsgrt and
unnedc,say may be s''h'd Oh the legal objects Of eH
e. i urged ,bs the reolutr is BY it, terms div
ioe ,I me m be suit. brought by %, Mayor
can stricken ont supusT and ehcc De- gwen 10 that
pat o. the Teso,iions eonfessediy legal ,.,,.,
II need not remarked th,i this amendment whch Is thus
denounated s1lusge might but for the injunction ~ ts
actn have tU red the whole sum sPpropstea nom he
City Treasury deay the expenses of the suits brought by the
does not mex the difficulty That consists N the
lat thai there division of the t. De used for the
1
LEGAL purpose some line be drawu some discretion must
be- be formed spon the number
of be employed the labor 70 be eqrea OF he
and value Of Their services when rendered. upon IhS'
point Council might well judge ana as Already
aid Thoy had declared that they thus set apart any pch
norton whole appropriated ther action would nave
hen ncspae OF in this Court But the discretion COZ
6ded 10 them on subject cannot be exercised by the court
on t6is point woi be invalid ~ act Of the Common
amendments reference 20
suits brought by the Mayor: ILL.,. -
purpose which the appropriation to be applied VIZ TO as
certain the constuonaiy the laws That be- the ulti
design which those who framed and passed the
had in view But they proposed TO accomplish that design IN
distinct mcihodone taking the advice OF other conn
addition TO that of their counsel who is the tead Of
their law department. the other By assuming TO day the
Each 81 these methods Involved distinct
They clearly formed distinct objects
classes expendtuIe They blended together In single
enactment in the words Of the text books The two are 90
mnced and together tha they cannot be separated
The motion 20 modify the injunction must be denied
J. NJ Van Colt 70. pantid K Busted for defendant
DECISIONS.
The People rel Gabriel Dsosway agt John j. Flake and
others
The proceedings and determination of the referees
reversing order the Commissioners of Hgh~ays TO lay
Gilbert Wood agt Euglebert Lott late Sherf.-Mo-
ton for a new trial denied Vsth costs.
Hiram Cowe agt. Jonas Roe. Elizabeth A. Lam
sing sgt. Purcell Cook ct al.-The like order.
Sarah Keamey sgt. Joseph Carter.
Motion 10 set aside nquisitiOn for forcible entry
and deaner without Defendant TO traverse the inqus
ton within twenty days and the issue when Joined to be tried
at the Circuit. .
Isaac c. Kendall agt. Thomas IL. Tredwell and
wife-Jusgment for strict foreclosure Of mortgage granted
and form Of judgment settled.