New-York daily tribune., 1865-11-09

,,sd .nsss q. Il consistent with the maintenance Of the
peace good order aud progress Of society
itersts of society are not within sne Sy the
Of civil bat are sI%lss'd % God ana Ia. %Untsd ~ in IT,
through the balancing and antas1n.n Of tss
composed The % %Ils ,hs .pss sSs o Of
sphere Of political government they are whey eft 20 ina
vdu and social efforts. Yo%p.d s Sy ee sensnaa amt
but they are much eaecas than they possibly 10
the sS'SS. Ss Is. of
employ phrase much more numerous than those %
4" Il % ~, the economic interest. Of the individual. who
compose society Every individual OF rather the gree.
johy ofindaua know %uch better nsn 1 soy bo y.oS
commodities Of necessity luxury which he nsed ths h
Of the buyer on the ono hana aua 81 we
than any intervening authority can possibly Dc On sne coz
trary the latter would inevitably produce d.tussnGe az %
maTkets OF Pa. during the first French Revolution non
therefore, that tn. er.rce Of such power ~ the
was never by the trainers OF our pon co
,ntiops or by tc people who ratified them and ths NO
powers Of tho Legislature cannot be extended 80 a s
tb.y sba receive for snythug which they may w u Dy
eel. I'll posse-sed that power-ior IN W.
citizens should gyc for any article Of dress cond pr
b,, lind of drss thew should weer and thu, may dun
any Legislative session hear that W. had fetnshen 70 no
Of 'nmPas laws pp,riam" 10 strain excess in
sppare chiefly in the reisns OF LdwHd ~ S md lon,
Henry y ~ ,s,ni pssS .nSf s @ es Tspeiei By
ute sec l. IS Bot he remsrt' q 70 cess 10 a. n., an
tns
which odans that no .ha be we'd dinner or supper
with more except On some giea' hoHu''
there ,peci6cd In hich he may be- rrgcd with thTee
Can we believe that such hing., In any Of the common
wesths Of America cognksbe by a"' or l' ,e PGi
.uch power their Legatusei MOI tho ieg.a
aye power in America is not omnpoIen' IN ~ ne, nd
regulations relative TO private ni'n9ers ana nl, ;
to price. aud expenses are no, wn ne ona 10 ,b.ol.ts
law The possession Of such power belong aohe 20
governments PsTliament, which eaiui d
power infinite incon;i.tent win ns All n. oo
design of constitutions republican governments. ~ w, ~
tieal power which the people, IN neh 'oyielgn
can con.is,ently with that character and design Il
has been dele ated to tho Lesi.litnei oas hohns r.,
can no mole prescribe what price We sna pay iot
coat, for substitute In the army ah ~ can we
what Mind OK shoes We shall wear OF bow many
,hs have for dinner No government proe.'ns 'uon poWi
could be called fee ard yet in framing zoe pf.'ea; 20
tion the people declare that they establish III s'a
Almighty God for their Freedom ,.,,r,,,t
NJ Again .yenfthe Leglsure epossessed thh power thhH
seedem Of aeon' should be strictly construed Like pen.l
and act. in favor Of corporations or Py,sndd
beyond their express words or clear import ih' &c. E
h6i,s the payment OF greater amount man tniee -
dollars for A one year volunteer substitute, Tour hunutsa
doIa.s fo two years volunteer substitute and .I hapd
red dollar, for three years volunteer or 'up'ue sna,
l. no volunteer or substitute shall receive larger amount
Tor these difrrcn, of service than the respective
sun. mentioned This action, however .,,,.. no. 20
ba, mop.y which the defendant promised to pay the
plaintiff for furnishing volunteer or sp4st'ues inl'
!, fairly presumed not only included tne sums pa ~
thu volunteers subnte bot also such sum as wond pe
to ,s and no bs . 10 Expect that ,ei.
auf should perform services without some con'pssaon
other servant be IA efttedto coHpcisa
ton. lis services exceedingly usciui 70 ,he
and could not be Tenderedby HIM without conderace aoo
trouble and the difference between me aSonnl o. be h
boony allowed by the act and that promea 20 DC pa py n
defendant may be deemed the measure oil the plitn
pen.an IL doc. not sppers ra m ,ne sbs ~ s os
tn. demurrer must b. overrued with costa wh ho.y 20
defendant within twenty days on payment o' costs
! GssKRaL TxRx-Nov e-Before Justices lSGRAuAH
/ LEONARD and BARSAhD
| CHANGE or TERM.
The Court has directed the entry Of the follow
log order: ,,,s, uonJ.x .,
January next instead u February heretofore appointed
THE CHRsTY WILL CASE.
judseu, he. been cu,ered in the spPes In this ca'e re-
| vcr,in. the former decree
CURIOUS WILL CASE.
Regina Kaufman sst Charlie, Breusns and o,her-Ihis
& to an an 1sssd ..d ~ Of ch.s. B-ca.os deces 10
OF the appellant. I've win in German, and 1. translated
when die Rssiu. Kaufman Of Hand'eherhem al,l have
al leave behind me-
wife and held thencyc. TO ia. world husband ard
wife Tie viii contested on The srosnd OF forgery The
argument, y unfinished.
The Court has. appointed Ae.;r John T. Ps.,on.
opet.on. .ppyins loT admission to bar in TIN. district
Tie examiner, VIII meet to morruw bGi VIII probably deiei
Me.srs William A. Ba,cr George E. Baldwin and ch.rle'
H. Van Brn, hsvo been appointed the com Iistee on the
ciscrrr-Nov G-Beiors Justice PEcKHAS.
i IMPoRIANT CASE FOE PEiSTEts-LIES LAW.
J. smith Homans Jr., sgt John w Afnsfmsn
This was very close under the law of lien.
The brough, certain smbrOyPc plates
deposited with the defendant valued at s3o Tne plates
raek on aud the defendant, when ,he plate. were desn led
rendered bill foI to96 q! Of wieh the bulk was for print
ing. but - ~ for repairs 10 the Plates
The bill taken b. clerk OF the paptif 10 the defend
tha, alleged mistake, should be corrected and
the rfendan, then said the whole bill must he paid Another
point which question raised ws, that when the bill
was hr prred the defendant asreed matter OF favor
10 the plaintiff 70 let the bill lie iii TIE hr'' OF Tue ioon
month Aer the suit comnierced the plnuh rendered
The answer s., W lien on the defendant for his bill and
also for the of ? for storage Of the plates during sew
The Court disposed Of the questions Of tender and
s being matters not raised TIL Aztec the suit wa. brought.
The let the bill lie held not TO be such an
agreement az to pert with The defendant night Of possession
sud snare " he had any The Court held that the bill for
printing dii constitute lien the plates. but that the
em. for repairing did and further held that though the Joining
Of claims constituting lien with other claims which were
the dene still tie substance OF the bill for the latter
class and the items ounin tho former class small and iG
apet ptUaS Scrd r the pna aT but g s e @
was doubtful ard the lien" would direct subject 20 the
opinion Of the General Term judgment IN the meanwhile TO
MI Nichols for plaintiff Mr. Larocquc for defendant
/ CHAnBERs-Nov. a-Bcforc Justice CLARKE.
! DECISIONS.
/ Tredwel Ketehum, &C., agt. David Tlton;
Julius Monde as, Antonio r,asr the National BrOadw
barker IT, John Tracy ast Robcr, Wells; Henry H. Casey
.g raul Forbes Simon sondheim -st David Ieler H. s.
le.nyn,ky ss o. Donald Beruheimer ast Isaac Pissn
Robert Francis sg,. John C. Whc-Motions granted. The
People rel Joseph Watson ast. John ksly.-wr!t dis
missed and prisoner remandcd
i Before Justics lNGRABiN
John Ross agt. Ellen Is. T. Smth.--Motion de-
MED with *lo costs Robert Pussley at tranci. Morris
Motion granted conditions Ac NJ J. urodEinski ast
Jacob Louis-Mo,ou denied with $l0 costs L. X. Ryer.
sy w B. kankin-Motion to strike out granted costs e
abide event. Chas Thw ing sgt Franklin Thwng g-Motor
denied. f. Goldman ast. CiAs Richhrld.-Moon denied
plaintiff costs to abide event Chas Mcdonald sg.. New
iorl Life Insurance coMotion granted payment Of al
costs since the default Thomas Goodeon sst John McCul
lum-Motion denied with $40 costs
SUPERIOR CoURT-CmcuIr-Nov s.-Before Justic,
| GAKviH.