New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-15
LAW INTELLIGENCE
TIE JAPANESE SwINDLE.

MR.. CHATFIEID SHOWN OUT OF COURT.
SUPREME CoURT-sPscIAL TERx-AuG. l4-Beiorc Judge
SUTHERLAND
The application of Levi s. Chatied, esq., for an in
junction to restrain the Corporation from levytng tax
10 nav the famous sos 000 and the Controller from
paying over the money, yesterday soon after
noon. The Corporation was represented by MIR. VIM.
H. Anderson Assistant Corporation Counsel. He
har ded to the Court the following demurrer:
The the M MaSO s. ft Hs and o6,11 a. d
city demur the complaint Of the plaintiff herein for that
Frat The said complaint does not state facts sufficient TO
The plaintiff hs ri ltsl s TRSssisE sue
Counsel to the Corporation
Mr. Chateld said bis motion was 10 be heard on the
complaint and general demurrer OF all the defend
ants, which demurrer he understood TO admit all the
material facts contained in the complaint lie had
commenced this action for the purpose of arresting
possible growing evil in this City Government and
to protect not only himself but other taxpayers. He
continued The present action is commenced for the
purpose of perpetually enOinng and restraining the
payment of the bill which has been rendered and
which allege il about TO be be approved or passed by
the Common Council of this city, for the payment Of
what s understood 10 be the reception and entertain
ment of the japanese Embassy. And in doing this
think II Just myself well az just TO those whom
nav in respects represent 10 say to the Court,
ard in eayDg 10 the Court 20 the community,
that if the reception had cost reasonable sum, trust
| should not have been heard here to-day upon
tits application restrain the payment OF the bill.
Ii the original amount appropriated, and which was
deemed sufficient at the time, had not been more than
trebled certainly should never have commenced this
action IL has been the policy of the Governments
cor cea the items of that bill. There may be motive
for this. ] think can imagine very good reason; l
have no doubt those who are To receive this money
would be much gratlfef II they were permitted
TO receive without any inquiry into tn items than
that those items should be spread before the pnbc.
The Court-Your notice is for temporary injunc-
toni
Mr. Chstield-My notice is to restrain the Common
from ring tba and a an
iroller from inserting il in the tax levy.
The Court-The Common Council have not yet
passed il.
MI Chatfed-It has passed one branch, but failed
in the other The charter specifies that the Common
Council, by majority vote may appropriate money
for the celebration of the Fourth of July, Evacuation
Day the Birthday of Washington, and perhaps few
other holidays but appropriation for every other
reception must have a vote Of three-fourths.
The Court-The passage OF the resolution would be
q strictly legislative act.
Mr.. Chatfed thought not. No city government not
possessed of sovereign power could exercise or do any
legislative act. Undoubtedly corporation had GER
tain amount of political power.
The Court suggt sted that il coud not interfere with
The exercise OF discretionary power IT, IN the proper
exercise Of s functions the Corporation did wrong
the pror remedy 10 apply 10 the courts after
ward for reversal Of it, action.
Mr.. Chatfeld proceeded What have TO say upon
this subject, | have mainly written out. In points
which will read, shall maintain that in all the es
tions stand the footing private aggregate
corporations. They mere creations OF the law,
ard possess only such powers and properties as are ex
pre- ssy conferred by the charter They may be erected
a. sn auxiliary 10 the Government and be clothed with
political power, but in such they can act only
in tie mode TO the extent and for the purpose
specified in the charter. The powers possessed by
the City Of NewYork, a corporation, are de-
fred in the Montgomery charter, and the several
acts of the Legislature smendstory thereof, and such
powers therein expressly granted aud none others
may be exercised. II the money OF this city can be
expended by the Corporation in drin king AM dancing
assemblage and If this Court find any such power
IN the charter il will be much more astute than am.
can ind no power in the charter authorizing the Cor
poration to get up balls and entertainments Of that
character, and psy for cigars aud wine, and white
gloves and yellow gloves and all the paraphernala OF
tuch OCCASIONS all the expense Of the city. No such
power can be exercised. Municipal corporations un-
doubtedy have power TO impose taxes for the neces
power and without express grant, but beyond this they
cannot CO. Every extraordinary tax must be expressly
authorized by the Legislature or il is void
The Court asked what would be the detail II the re-
solution parsed the Common Council
Mr. Chstfed sa'd il would 90 70 the Controller, and
b. supposed the Controller would pay ii out Of any
funds he might think apple ABLE he might withhold
payment untilt went TO the Legislature.
The Cour-Where does be get his authority for pay
ing
Mr. Anderson said the Board Of Supervisors was the
only taxing power under Legislative authority. This
application resisted purely legal grounds, and
be should be sorry to appear here the defender OF
this Dill but the Plaintiff as a tax payer had no right
10 sue and the Controller could be restrained from
paying moneys levied by the Corporation which the
Corporation had no power TO levy.