The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-07-04
The City Advertising.

The City Advertising.
SUPREME cOuRT-GENKRAL TERM.
Before Hon. Judges Sutherland, Clerke and Lecpasd
JULY 3-The People, at the reiatson Of George Cpdyks,
kayoy, o. kaaAeo r. Bresna~, Comptoslsy-Ths con-
rovesy upon the second section Of the New Yer
City Tax Levy OF 1868, which 70 Is follows
No portion Of the sums which shall hereafter b raised
by tax the city and county OF New Iok
shall be paid for advertising except the same snA I've
been incurred for Advertisements 10 the newspepess 40
thorized by the Mayer and Comptroller Of the SAID ca
who shall designate -four papers having the largest dsnS
circhaton and any six others IN their dBcretoO nSt W
exceed ten in all.
The question is whether the "daly circulation men-
toned be really the daily circulation, or the
circulation within the city.
Mr.. Field for the Mayor, insists, FrstThe question
answers ITSELF The statute just what us language
expresses largest daily circulation expression
perfectly plain which canno be explained BY any para
words mporhe arres, daily circua,,on ne act
does declare that the papers shall be puoshed
IN New York, that being already provided BY the ad-
Second-Statnes 70 be construed according 70 tho
ordinary meaning OF their language.
When q law 10 plain and unambiguous, whether u be
expressed In general or limited terms, the legislature
should be intended to mean what they have plainly
lion (Fisner Vs. Blight, 2 cranch. $685. 399) In tho
construction Of both statutes and intent Of
the trainers be sought first OF ALL in the words ana
language employed and the words are FREQ from am.
bguty and doubt, aad express plainly clearly and dis
IL no occasion 70 resort TO other modes Of
The in all TO the natural signi6ca
ton Of the words employed thus regarded the words
embody definite meaning which involves no alb
surdity and contradiction between different
parts pf the same writing, then that meaning appa
the face OF the instrument, the one WhcD
alone at liberty TO say was intended 70 be con-
veyed. In such there no room for construction
Thrd-The words used IN the present law "the argega
daily circulation" Clear unambiguous and would be
understood In the sense by almost every person.
circulation OF newspaper is the use made Of ~ tina
determined solely by the number Of copies issued and
gee daily circulation" would be 70 do what the awgtve
has not done.
Mr. BRADY on the part Of the Comptroller, says-This.
lie appeal from order OF Justice weles, made bore
In, drectnga peremrtory mandamus 70 issue herein
commanding the respondent 70 unite with the relAor ia
designating four newspapers published In the city Of New
York having tho largest daily circulation viz the NHw
York HERALD, tho New York SUN, the New York Tribune,
tsement pursuance section OF the Of the Legs
lature, chapter 227 passed April a. 1888.
The second section of the act Of April "A, 1888,
requires among other things, in order 70 justify
pending any moneys to incurred for municipal
IN aS oy @ns Saus q me
circulation 70 be designated by the Mayor and Comp
troler. The Mayor wishes to name the HEaAlD. Ssn,
Tribune Times, such four papers, taking their
aggregate OF circulation without reference TO the localities
n which they are circulated. The Comptroller insists
that the four payers selected should DO those which,
have the largest crcu alton within the city and county
Of New York The Mayor applies for q mandamus 70
should net DO awarded. for the following reasons:
Mr. Brady points areFirst-1he act imposes on the
Mayor orr. ana g M duty ags 0nS ,Ss annr
having the requisite circulation is question Of fact, 70
be determined on evidence Second-A mandamus WIZ
not lie TO control the action OF any officer or tribunal or
question OF fact.
Thrd-Nor viii it lie to compel an officer acting judi
cally to decide in particular manner And 10 not tc
aRted in the OF Court Judicial officer on the
ground that there other remedy. One Judge SEEK
lug by mandamus 70 compel another 70 agree win nims
Is a remarkable anomaly.
Fourth-The Comptroller is right in his construction OF
the statute in question. IL Is law affecting only the city
Of New York passed In reference and
disbursement Of municipal funds for exclusively NUM-
palty. The Mayor and COMPTROLLER are the only muni-
cpal officers The act in which the provision under
sdeation appears the Annual Tax Bill authorizing tho
Supervisors to raise by tax "for the Of the
Corporation Of the city OF New York; Tbe advertise
ments published Tor the city and county Of New York arc
such relate to the administration OF ito governments
and matters OF public Herewith connected. Tne
charter Of the city expressly requires the publication o.
nav sse ne s
the citizens generally Is clear that tho ohe1hosi
publication is to inform the people Of the city whsA bsf
representatives agents doing and the best mode 81
extensive possible amongst the people OF the locality
newspaper might have tho largest circulation and yse
but few OF its thousands DO circulated in the city %
county of New York Tho Tribune Tmes, with sma5
Issue for the city might circulate thousands In Texas or
Earope. surely suppose that the Legislature
In restricting the expenditure Of money for advertising
four papers having argss daily circuation' meant
tho largest merely In number without regard 70 ths
the city Of Buffalo i. would according 70 the 1syor
view be satisfied by selecting Newspaper the largest
circulation Of which Was IN the city Of New York.
Ffth-Thc Comptroller names -four newspapers having
tho largest daily circulation within the clay and county
New York and the Mayor should Be- advised % ooOeaf
with the Comptroller In designating them Sixth-Tha
order OF Mr. Justice Weles should be reversed.
Decision reserved. ~
Counsel for the Mayor Msssrs d. d. and D. Fisld ~
Comptroller, Mr.. James T. Brady.
THE NEw COURT HQU0R.
The argument In the mandamus respecting the contipu
M tha ork of uann ln0
and decision reserved.
THE JAPANESE MONEY P0R THE POLICE
Tho OF the Police against the Police Commissioners
for the distribution Of the japanese bounty pospops
or the term.
The Scutsiing OF the Ship Senator.
USITEn STATES COMMISSIONERS COURT
Before John A. Osborn, Rxq)
july 2-The United States v. Geo. W. CumnsmgAas1-
will be recolected that, In August last, the large and