New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-06-28

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ara s.syid@r . unnecessary srd aaai-,ibl- pesaus
To he tEehh gts # true there sn D. h' i-sn lbea A.
ct fact, ne, 0tc.r De Ave NAV D. tired and on
o'HveH removed Rmo'a. dos 10, Hyy .Ah tae ON -
s~fuIy u, even. urce..arhy hat ~ wss 'y ~
rf:,e pubb -iss - osv.tr III oe, remove coarrsc IN
merely ,,rs3 vita 10. roalns ne pablo - any mn
s,i,ss. opinion IL Cune rheres No inc'g'.eny
:1-lsierr u th Pc Il estimate pie, s.o slia ne 80
r. W.. II ,b ,y I,S,l r-rsy. BY .-i,sn-r i.
srp,sed c,a, hat there TAD 6eea sli ;hc
uotal 4 The rszT iA- taf would uN b. gIry q re- 10 :
foouranaiHs he Bard - pu: ne ragor the o,o r.
bsyou5 disprre On The facts existing be sec-s.,y ard
TfTey BE- ilsd or Of The mex minute 90 a; c1s' as ooa
H. the prcs,r pie. def,rdiu only frh II
e,sr far 'sIoys o.t removal isf irE rrs ~ trial
Ihtys-te that ~nien chsfsrs "rFc daily pe'rfd Of d'
bee Il pro that el- notice given tld Hs' due
order oi esu-ss asr 'sa ~a' Uttered AMI aiosh ae
liabilities may BE- ;hIi The uor given point q fs- o law
Dot sl order tla; S0aIG, decided
@pt rioa aIo Until p ar N can b. hid the "a rrg
hs Truth II The aNrrcu tnat due notse was
Aiihe ssnr time ~,t,.i eApns'ls any opinion az - iac
b. p.r, 90 that Nothing o b. utna'sy gained
.oy unpL. gs-- Of mrm IL toe aus Of the
printed points submitted BY defendants counsel, Iai, u
',rmrs,n On sry Technical ccasdrratils ~hatryer it
Is suffciel,y embarrassed by intrinsic ahite' aad b.
s6dirg ql.s.iors Of Nrr. say contradictory de.is
because ;he h; cscus'eG IN the Coar =" 40
wss eued Us New ors Reports, 55s it held by
oT:y - he jugs hs The Polio" 'outnpS'ed BY tat e evan
@s i,hin he provision eec airing that All of er,
BE- Ieysse, ,esd 6y law tia, j. ahcf 1901 shal
~ Iced b, ,ns People or 1gpol,ei az ne Leg:s5e siy
dsct" ID o;h' WORDS by the stae inst al OF the l a'
thas.-wLe,heT L.sye Exec lyr-ard thai. IS 20 the
Old Pciioe trce. tn aud the Kline " d
r,ou ht hey should be appointed 20 The new ofee
direction BY .inpa'a appoint a,r-, in
Of he Police in The City OF New York then doing duty To-
stead of special designation Of each individual BY uine
IN The Mo- BY anotoer ms lity OF The sane .rbns-
Of The o.sr Judges having in the interim sole out,
h,d tha tn I'll e II "psumen' under The new a., -
Old Fore ~a' roucerued as mot ne~ office aud dd
not require appointment oath or accptauce no
~ ~, iI4,,re in an -" IN an OH - u.ius
before 20. adoption # Constitution newly created
by ,lbouru enactment Tn. officers drsigns,ed %
cttaat - do hc duties before snd hold in effect,
;bs san1c oce bl, under afern, tite' Now The
sre had 10 power alter ,se mode u appoint TO IA
N ne principles IT tie .,coud decision sppi-d 20
:ht isc involved me tr,t must, II will be seem nssary
have resulted dr,ernn instead Of gor.ble,
sc nc csn guidance, ofelua authority giving on the
point involved directly OPP s'e interpretations 90 the statute
"a i p.,Imsu anS,r ,h~ new ac, being newly created
ote, a5d 3hF Than county town e''y o, y'ise on,r
slswer the Wnt Of nandanus' TO shoS, which could
be done by TX ss, s an '" A1Sadn in ' to
the Other. heius an Old Office in which the incum-
mere chsuee Of name IJu-t Stropsl personal
eepane necessary" and consequently odPdve the in
eqyoca resignation by positive Ct with that intent mlst De
show idica sentence OF removal after r. AZ me- ind
temp, was do boh sud in both respects The ae mp
failed The slesrd removal Il james M-' uae
tuned ont /. pronounced by the Commissioners
SCANS, James NJ Line srd thus as judge strong ~
with no uc -meut against Him he had been acy ctd
from the ale sed resignation the Commission
re instead Of any expressions II MClur with
nat ip.t proved the most uneq yoca driermuo bic
Ia .v'nc,d a. v III Iy ac,- a. wufdsl of -
ahosb uud, The advice OF ,upcror. be declined Ike
a. m'Fy ovn. fI5s N. g~ Ppa,ed o
With views Of the difficulties OF The whole subject
deem not ont 4 place sulee IS have afady doue or r
mer lc"ssoDs that instead Of six huniIed action m quasi o
lions with all b-r form, and echni airs "t" parties . the
quc,ti rs renee the Code rAP'esst int "ry pr
should upon case cont tnins ir aris upon wch
IA. controversy d-Peuc- sud present submission OF ne San" 20
Court Be heard ald determined al General Fern ana
Judgment ruder-e thereon as il an seton were depending
should b. adopted order sl BE- entered
in Proceeding under review qtshns the return to
III. VII, ~ nauc anus 80 far 81 n cons WIN ire views ABOVE
,p.s.d with liberty the defendants 10 snend In five days
stsr notice and the plaintiffs to reply demur IN tive dhJ'
thereafter.
Gr,,R,L TgRN-B,fore Justices ROOSEVELT, DAVIES aud
kGRaHAM.
STEPHENS CASE.
A. the opening Of the Court thu, day, Nr. Water
huIy ycoyed to amend the errorbook containing the
Gaze which ail be- submitted to the Court OF Appeals.
Mr. Wa'cbur sad that tue counsel for the dccn ant
bad inserted as OF the in arrest of Jutg
men that Il old not appear that the prisoner was IN
Court all the time and at the rendition of the verdict
there was also affidavit of Mr. Cushing "hi;h was
not permitted be read nj the argument IN the Gen
eral Term, but which the nct-Atorney claimed
could not be inserted IN the error book. The D'ttiC
Attorney asked for certificate To be signed by Judge
Roosevelt. certifying that the prisoner was In Court.
This Mr. A.hmeai claimed could Dot be done, "a the
case was already in the Court of Appeals, aud beyond
the iur,dictlon of this Court Tue objection, how
ever was oyerru!ed and the certificate granted.
The mater Of the affidavit was waived.
SUPERIOR COURT-SPEclAL rsEx-JrL2j Before justice
IN