New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-03

nj
eeos. oEeu, JsOOb CamPbea jr sss Michael J. onhOry-
rrsciIr Tnnu.--Ftb 2-Bcsse J,s,iaA SUTHERLAND.
DECISION.
Cilhsrly sat G,lhoriy. Exceptions 70 cie report by
leies ovsIues Report confirmed aud judsoe OF sVs'oe
Before Justice L.osAKR
Waiter Edwards, j., ast Charles b. BostSuck DO.
Before Jsstioe BoSsKI.
JOHN DEAN WYE.
Louis FuLke sgt Beary BestLolf ann Wlfs
brSsd ,ui q Jetn Dean TO get possession OF his wife II sp
IesTs that MI Boxer no d Of deendAn's which he
tsSe a. rs red to 'hr hon Wa Ksn AND the Ssans was
down fOr last Mohdsy at bat the engagements Of
Ssr sIs cone new qu-oa Of law a. " a. lac. Involved
CHAsSEAs.-fSB 2--heio'e Justice LsosAaS
1HE BIBLE QUESTION IN the COURTS
hr ODonnen ast The Board Of Education
This was the return Gay 10 the writ vi Alternative
andeng issued to toe board & Edacs0n and rsqnIia
70 h,n 70, four months pat. % 1T s reSi no
hiU common With other teachers to read the Bids In ne
seb9os ~, =,
Teucson and Of 1homAs Bo,9 the Clerh forth
the h OF june 1859 the following sections oil the ooaoo' s
~ No ,c COL shall be entitled receive porto
Of he ,saoo 9s wa o o t.s religion: SEQ, snail be taught
psciceo winch any booA or DOOM eontn
s' Q, sny particur Christian SCOT
shall teach doci ines aud tene.s OF any other re-
o. shall refuse TO emit the visits and exam.
pro vided tni al hui nothing herein contained
shat sushsriss The Beard o. Eaueaon 70 exclude ans nD
on ron Of the schools provided TOT by TINS act Dat
~hst any Of the holy Sculptures without note OF
co. net .Ls be 4..a 10 any Of the enOo, tn
sl eohsenc. secured by the Constitution Of this State
Sc It. u shs De tho duty Of Trustees each Ward
shA have the power under such esul.on. IS the
scber janors the said conduct aud
the furnish Ill necessary supplies therefor ssoeci %
provisions OF be tha section Of thus sci and sAe ali need
M repairs MS additions 10 and 10 the scnool
ICED tbs. The co., o. any such repa asTA ioa' or
BY contract pursuan' 70 the 2st6 section OF 'h -c.
the By u bs to la all the schools Ia the
city turh'r thl he r-aoi onlsd to comply WIN tails law
Of which the dents respectively refused ocoun
80 49, .,up h.o been handed in Mr. James T. Brady de-
uTed 70 H. Board had retained the teacher and
did the los OF bis lbeJ had lot enofced
tie forfeiture and retaining the teacher they eon NOS Withhold
HE Jadss-They probsb, ought to have discharged the
MI Brsoy-1Es question what body IL to determine the
boeis read Ihe Legislature ssa no particular doctrine
bso pOwetLe Legislature the local board the Boa of
Educstn The noad had not placed themselves IN postion
The Court said that he would Ieuder Judgment orma
argument by Mr. Brady the Ju ige said the council
should tsls oreeI directing the pay e O toe noney
Mr. sIsdy-l suppose can take PcremptOry viii
II the Boass dese the order they compelled to
take q sppvsilo the GENERAL Term
SUPREME CoURT-ALBANI CorSrr.-BefOrs the bon
Judge GOULD.
cry RAIIRoADs-THE COMMON COUNCIL EsJOIEED.
1h p.l nf,b. st.,s on Nsu.Ynk ss, The Mayer Alder.
men, and CommonAlty Of the City Of hew'i ork
This Care Tor hearing on the 3lst uit, on an
application for perpetual injunction restraining the Comm
Cospe kewi ok from chanting TO the New lo aGd on
lv RsOsd cOmPsny the light 70 lay and operate railroad 10
and other streets Of ne city
behalf the STATE tine apPcs ION OF X r.
sIe sbous 70 pas over Mayor grant this
Company Ace uncton ~as also on tue "a ia! o. gsnusy
onuei o 1890 On the argument the following points we've
raised BY plaint support the injunction;
Er That the pIopossd grant ytolain Of the law re-
aug IainoAds Ia c" passed APn ie9i "u'on
any city which aud ends IN sal city,
without ,hs Of Aorty IN interest OF ne property
.tru,,ee being had aud o5,sined
Thai me "Saa aOIso ss oSv
evaee the law there was no inen To- run the
no .S to co:s the sTien River With ssoh
granted said Company had apple ion therefor
iArc bet the passage ofthe ordinance giving permission to
hs Spaer S, ou HO. o,,e 90 tie public va.
viz aon the 5th scton Of the charter Of ls which
~ that ordinance pich disposition
public property after shall have passed ooe board and be-
Nays aid With the Lance OF me person, Vong Iof a
OF Corporation paPets and that NO
fOsrI hat tbs proceedings of sad Common Council
in Of the forty section Of the Charter OF 1891 a.
snce proposed 70 be advertised and sold 81 aue
Fh Thar he scrion Of the Common Council ia aitenpu,
to opOse q pensatoo the city of
les hsc been tie Of slO0 oDc
sud called for the Intervention OF the Courts
o prevent lis being consuBn Aisd
Mary other points rsised by the counsel LOT the people
bur goin suy relied sustaining the ie-
ssiiy Of The pTOpo'ed grant.
commended that there had bear
yesiion 1866, Company we're Organized
operste road 70 comnsnee IN 1onAeTs and would h'h
therefor, DC load ng aud ending tn city
Sconoy that there han Lot bern violation OF the 5lih
aud 4st sections Of the Charter OF 1881 as is popo &c srsn'
franchise appropriation oil public property onI
III permission TO lay read. -
During the argument certified copy OF the lag
passed the Legislature which tAtes all power 10
sr. Railroads from the Common Council 10 grant
rigbt railroads in the Cy how ork was orouslt
received the signature OF the overn1
TO The Judge by The counsel for the aud
excited merginet seemed entirely tic the
action OF the Common Council The Court decided
that the action Of the Common Council in his opGoD
oee violation Ct the law Of 1854. without examining the
other questions raised ne SHOULD the INJUNCTION Pepetua
apd Il oroer that eject entered.
TLt c.. excl ed great 40 crest .rscted gs audience
n, NJ. Evsrs and X. y. Andrews, for PLAYMATE e1Judse
Dean. Cor deisncaDts
COURT OF COMMON PLEAS-SPEcIAL TEAx.-FsB. L.
Before Juoso DALI
t. ARREST FOR BREACH OF PRoNIsB