The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-21
Suit for Carriage Hire for the Common
C9uncii.
COURT OF COMMON PLEAS
Before Hon. Judge Hilton.

be'oro non Judge hilton.
Edudrd Smith m the Mayor, dc This We an action N
recover s42i 10 for carriage hire for certain members Of
the Common Council, from 1866 TO 1858. Ibs plaintiff
proved different resolutions OF the Common Council pas.ed
In 1872 1854, 1866 and 1851 for the pay carriage
bre for the members Of the Common Council while en-
sAged on cfcia business or committees. Also proved
that at rtques Of OF Councilmen aud Aderm an
ne furnished carriages and borses 10 them different
times during the gear above stated, the reasonable
put on the stand several wtneeses Who respectively
testified that the charges reasonable and fair add
rere Incurred by them In the perfos Of their re-
spectve duties members Of the Committees on Ara aud
sciences, Streets, Assessments, &c and on several oc
oasops TO ensbe sek menbers 70 ai,ecd meeting Of the
Board Counsel for The Corporation moved for uonsut
because no appropriation bed been made for
ruch expense; that the employ mont OF carriages
vas executive duty, which the Common Council could
got 90 The letting OF carriages could a we'll be done
by cortrpci ss BY any other There being 20 orr
sns, c,'m The p:ssase by the Common Council Of the
resolution o. 1915 did moi hep the plaintiff
Mr.. McNahon for the plaintiff xered tba, the appro
praicn bills CT 1885, 1865 aud 1887 showed tost large
sums had been appropriated for county gen and
Common Council contingencies and that these charges
rere properly ch1geaole under either Of the above
tes sua hat therefore these were SUM Appropriated
for such charges The counsel sgnatzed whole con-
trsct system ~ t0e system ieadiag 70 iunumeraole
fraud, and oppressive TO the poor mechanic In ooncu-
sop the leaned counsel cited q OF cases bearing
upon and illustrating the above points
rbe bed that corporations could only by their
proper officers hat by the terms Of the charter the
Con mon Council were forbidden 10 perform executive
duty. The uskug of contracts vas executive duly.
Therefore, The plaintiffs claim b. ing pased on
retonton Of the Common Council cny and mot on spy
contract made by any Of the beads OF or
buesu Wa Invalid ana void 10 las, and the psnl had
no renee against the Corporation. Re ph ud dsmuss
the complaint but ~ the question be should ar
ford the plaintiff an opportunity 10 review his decision
Mr. Mcmahon rave notice Of appeal Court rave
him twenty days time TO prepare the necessary papers
THE FLOOD AT CARo, ILLrSors-In the ct.
Ious Rrubtcon end the following particulars OF the
cesrt cicn Of the botel Of Cairo, and diagram Of the
city, sborrg the principal parts The building OF
the hotel bad front OF 100 feet the Leyee street, nv
fifty fee, oeep In addison 10 which there 90 40 by rs
feet on Second street Twas ave stories in beisnt With
40 attic hneen feet bsh-the whole covered with slate
The house wes commenced year ago, and would have
been dnished some time sinp, had BEEN for TOE
burning The Col Gresham, shch vessel the .fa
for the Oh bad been sbpped Tho hotsl about 10
be rented Ter % eco per The building bad seady
cost about SIS eco, and required IS ooO 70 oompete
The properly WIS owned by joint stock psny d..
weed INTO shares a. folows:-Gov Mareeop. 4 sbare.
nc. " Campbell, l; Hiram Walker, 4; John OssIey'
\, VIM Butler y John G. Conklpg, 1; Phnav vtnenan
J smith ih;N Edwards, \; rnos Matner, L.
Al VI spr nghelJ, Illinois. and Or r. Edwards So
Iruir share The trustees uf the Cairo CIV Property
mpany sRrted to convey 10 the botcl company sixteen
o's on Levee street. on the pleon OF the hotel
Wheeler The steup, 10 rebuild the will be sde "
questcuape There vas no Insurance except fire risk
for s2A eco and The entire loss vi fall heavily UPON the
sbarcholcers The Cairo Csmyany Represented BY
stock a. the amount 81 ~ tO0too 81 Which George Pea
body owns 800 0o0 having purchased the same during
his vist TO tbs country last year