New-York daily tribune., 1862-04-21

ants counsel sled 70 show any dsec. In pont ofom They
sn,h defect exists NUT dspeDd upon is proper esa pie
pretson Of the staute The Indictment based upon
sd section of the city Laws Of 1851 chapter is section 81
Tha. section provides for casses Of esssa Ps. az.
teInpts TO bhoe Q city officer In say mater wAich
o"2r. l.s s,empts in reference 70 sny nat.
ter which thereafter nsy D. iaw De beusht beese bin IN
hs fcial capacity" IL T. urged by the Dis.hcAtorusy
mat In cssrs o doubt the Conris 90 u,uay
notion 10 quah and msy always IN their discretion deers
TO Interfere ,h,, way fay so%sSs 20 r. ssi view Of 1 70:
me Court liberty t. pronounce h' d9ebul e,se
/. be admitted that different opinion. s Be es.eI
in tho present case and onequiyoc snd the statute
which Is suppo,ed TO have rendered hess ac' o gosa
ert clements crime il obscure Ia is phTaeoosy IN
soc case the ssne raised by n. tion TO qnsn can heNe
5c pronounce dou6su Il Is precisely one Of those aaes'
presented whether 1t DC by motion 10 qasSn oy
demurrer before the jury at trial Ihe hiss
Of the ono SSs1sIs is21 1eeG mo- not drawn aad
H. on tho contrary, is naIniety nrt,, ,se ,oeead
on the 1eis stated could Only re ilaaea ona,' ~. s
branch Of this action The simple quesIiol On 'ol' ~ o.
then IS whether that branch Of ihs section SO fas IS
10 Aldermen refer, 70 ns,:cs which may o. oroognt
tho Board n ate legislative capacity oris eohhned 70
matters authorized by law or to such proesedh' a.
law oe brought before Alderman in hi. .-p.rss oc
capacity agt-ate On looking Toto the origin o. tul
clause find e.. inssrted in Statute 'aw, with eS
cusye reference TO executive and ndics officers lnae,a
tho toviasf Of l5 IN their notes expressly declare th 70
hsve been the intent ald the retention Of their language ~
tho Lsgs,ure 10 the 2d section the Charter OF the city
indicates very clearly like purpose On 1he part OF the LeA
IsiITe.
IL the Legaurf had Intended that this clause shonld spps
10 measures bre1gat before the Beard: Of the Couou Ceun
e its legislative capacity would have said bat as an
sldsrman clothed with Jac.c. powers gr th branch
tho 5ld section pesks Of proceedings ha. may be brought
before him 10 hr ocs espscy aud doc s ali efeT to
stcrs before the Board while tbs first branch OF
the section broad enough 10 all that
before the Bc-ra either Of nsm think it clear that the
tie iOn inr rHced TO apply TO
legsle rzt;oEs ght before tho Boards but 20
ruch might before them IA taeir Judicl&
capacity magistrates There another very serious objfc
tion urged or behalf 9. ths defendant ia this csse
aud apart from tho grave question Of th7 construction 81
the I'D section Of the Statute goes T IN dipcsing o. this
matter. III, crime charged il tho indictment Is the "feF o.
pscunsry consideration 10 On Aleutu for his yote on
which nsy by possbiy at some future time: be
brought before te BSsrd" Can this DO crime which IL 10
d. pend q contingency which contingency hspperinE
makes tic ofenno Happenings leaves tie &c. sisneles
Link The law conlsmplatrs igeus penetsnta which may he
cieciscd by the party before the con sncy occur 90 thai
the time az tho hppening Of tho Contingency, 1t should
occur, the intent Of the party may be pure.
The.- beng my We've ard this being in my Judgment the
true legal CT hs auch OF .ss statute or which
- lDdictnent s founded Is foowe Necessary cen.e
cuencs that indictment IL bad substance aud should be
I quashed.