New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-01
law INTELLIGENCE
SUPREME COURT-GEsKRAL TESs.
NOTICE TO LAW STUDENTS.

Applicants for admi sion TO practice as Attorneys and
Coubseor law file their papers on or before "edne'
day next will be Court next Tuesday applicants
win have to file their papers on Monday Wednesday
SPECIAL TKKs-Oct 31-Before Justice BoNsHr
THE JAPANESE BILL IN COURT - DECISION ON Ihh
MOTION FOR AN ISJUEcIIoE.
Levi s. Cbat6ed sg The Mayor. &c aud Robert T. haws
THIS is the old application OF the platinum as TAX
payer 10 restrain the Common Council and the Con-
holer from payiog the bills incurred in the reception
Of the japanese Embassy in this city. The Corpora
ton Counsel demurred TO the complaint on the ground
that tie plaintiff, taxpayer could not sue out an
injunction against the Corpotion. To-day the Judge
decided in favor of the defendants.
Levi S Chatfeld il person; II. II. Anderson for the
Corporation.
The folio wing are the views expressed by the Judge
in relation to the subject:
The question of tie right Of the plaintiff to maintain
this scnon now raised by demurrer, was direcuy De-
fore this Court made the basis of the decision on
the motion for aa Injunction. The motion was denied,
on the ground that the complaint did not state Iacs
sufficient 70 constitute q Gauss OF acton la the panll,
al flowing that decision well as In the authority
of the cases cted render adgp for defend Ant ON
his demurrer with leave 10 plaintiff to amend hs co
plant i'll twenty days, on payment OF costs.
DECISIONS.
Alexander NJ. Bruen sgt. Herman Bruen; Herman
Braen act NJ Observation-Disclosures of will, question OF
cote settled according views expressed In opinion
Mary 7. DuraDdo sgt. Paul Nj. Z. Durando.-Judg.
,Jotn Kelly agt. Charles Breusing.-Judgment for
plaintiff demurrer with leave TO defendant 10 answer Ia ~
\ =. Iownsend ae,. Peter Goelet ct al.-Judgmeut
defendant Goee ON ds1urre with leave 70 Painn !"
amend In ~ day in payn.eLt of Costs.
lanes Harler 81 al sgt. j. Smith Hobbie implesded,
for pantif demurrer with leave to defend
ants TO tn,wer in ~ Gays on payment OF costs
Pabuuogue Bauk agt. The American Pruning aud
As Co al defendant Martin on demurrer
with leave plaintiff amend In 70 days On payment oil costs
Before Justice LEONARD.
zppOrah Van TeSsel ag Chsres Van Ias:emD IT.
yore with inquire to suitable amount OF
sln.ony cu,tody Of cIid swsroeit to plaintiff.
Ii CuaNBEEs.-DEcIsIoSs
James K Baine sgC Tne NJ Y. Marble Co.-Motion
denied plaintiffs deieu and stay vacated Win so COSTS
IN re- Caiharine Waters Witt discharged and pris-
Albert 4. A. Leduc sgt Is;dors Lsduc.-Rsport of
referee confirmed and divorce granted
CHAxBERs-Ocr Sl-Before Justice LEONARD.
THE GkIDmoS RAILROAD CASE.
Mr. O'Copor opened the argument this m orning in
this case in favor OF the psios He ssid the part OF
argument on the part CT the plaintiffs, contading the
history of transactions by the defendants previous to
the case before the court only showed to what straits
they were pushed He prodaced decisions to show
that court of Justice could hear impeachment of
the motives of the scts Of the LEGISLATURE. 1t was
well known that an attempt to of testimony in any
suit in reference to the previous transactions OF the
person accused, was always condemned. The sole
Doint in the case was whether the law under winch
The defendants about to act wae unconstitutional
He admitted that the English eysts 10 reg I'd TO 70
had i'll old times passed into iris country lnclviduas
who had possessed large tacs OF lsnd sd out Ioaus
them and IT was generally held that they owned
the fee simple of tue street. and merely dedicated s
10 the public. And when land adjoining the street as
sold il was presumed that half CT the street bounding
that land also conveyed by the deed inns was !ne
Case with country roads generally with the exception
of turnpike roads. Now, city etrests were also taken
by force of public law Of the ate and by local au
t6ority but with this difference, that the fee IS We
in the Corporation Of the city, ana, OF course
il entirely from the original owner. Inc owner OF the
laI from which the street il formed Id TO receive fu
mpsnsation from the pu bic treasury. Inc derence
between the streets in the country and 10 the city L.
that in the country it is only necessary Tor puohc con
yepeuce that tbs surface OF the road should be ussn
Bu the streets of city require to be subjected to the
uses of city in great variety of ways not merely on
the surface but beneath it, Ii is necessary TO suD'eit
the soil in great variety of methods. For instance,
in the case OF introducing wafer or gas or In DudnS
sewers The entire ard absolute dominion OF the stree!
reouifes TO he vested ia some Government authority
Those persons who give up the es OF the streets are
paid out of the public treasury They may nave been
nnduy taxed but it merely went into the public Treas
nry The whole fee is vested out OF the former owner
Az d vested in the new The argument which was
advanced On the other side tbs point was that Gov
eminent has right to take aud Tor puohc purpose
mil "a the public benefit required it, and as soon as the
nnblic necessity or convenience for the laid had
ceased then it's wnership reverted to is former own.
era The Government was not TO take any more land
than public necessity required and they were to pay
the full fee with TIE qualification that Wnen the Puonc
ceased then the fee of the land reverted to the adjacent
1snJholdeys, How unjust would it be. that when the
public required piece Of land for weeks or month
upation, they should be required 10 pay s eare
vslpe 10 the owner He made, az oue OF his points,
that although the Constitution implicitly forbids the
taking of private property for public use, even after
full Compensation, yet this principle does not require
that Government, taking land for present purposes
which mus absorb The whole present use OF the land
sbaI leave in the citizen from whom it was obtained
spy subsequent right it. The right to Broadway Ii
lust as equal in citizen of Albany as in citizen OF
for the State. The State was the beneficiary. The
Government of streets must rest somewhere, ana IL
rests ia what is commonly called the police power