New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-01
LAW INTELLIGENCE.

I
LAW INTELLIGENCE.
SUPREME COURT = sPrcIAL TrAn-Juyz 'o-nef're
TIE cRoroN AoUEDUcT IsBKoGLio-JUDdafhr FOE
TIE OLD CoMlIss IOsERs.
| The People ex rel. Stephens agt. John =: tiles
The psspi sa ri ph s so ssco in f,ves u
tho reator, supporting thee u,ionAity o. e s,t "hen
nomneo. OF the city The following Is to opinion In the
case uu-., ..-,,.a m ,..,r,,in. ID "a
,tl. Of he aspect, We claimant. certain Offices ~ tue ofoon
Acueduct Department The r-lator stephens be6 tne Ones
on Pre.d.nt Con missioner and his ocii term es'eu ..
en-. Inn ~ Aur 1885 unless lawfully extended ~ AZ act
of,s legislature psssed Apnl 1870 VIM . 400 sen
% :, hold their Office. Tor four yeas from the da'e Of the
.nsin,m.pt Of the then Assistant Commandments b.
~ cap sS o. ,.eSn r eSi.e oa or sar s a. 1885 Tue
rstor psrTssh w.; appointed Assistant Comrs.,onsf
CENT" s, 49, r .ns she .'' Board o. Assiasn passed
resolution Ie@ovins hio non ~, S's bs.sr OF n. City
OF So~ Yo,k. ana the defendant Jersmsh, ~as r'u Sp
uy removed aud Hr. Jeremiah appointed in b, piee W.
til. Of removal vas sssn nom ,.s ~ T 'y
~.,sa Of that act e,ns % this removal declare: that ae
head. Of De .rtsns 10 the City Of New fors shall .htie
. ,, +, % 70, 0 ,ss r ,D the Controller Of cry
The questions 10 dispute Involve me
Of the provisions d the a. Of the saIrc b olr
Mr. J., ha. been duly spPoiu'ea and qualified =. rre.
dent ComHi,,.oner, aud NJ, Jsrern,h a, A.''tnt Ion
pred and in the other n vacancy existed u IN tho removal
| ~ Nj Dsrrash b, the Aldermen.
All ins ed on behsf Of Mir Giles IN particular N. the
.pa.imsn, Of oo5 direct Of the second .scton Of
the ioth article OF the Constitution Of this State That sec
Iva and yse esicer. by local electors or so,ho
te, where provision "a made by tho Consultation 'or
,hn Al osr oceI whose election OF pppon'n,ns !. Pc,
provided for by tie Cons,iruon, aud az eer n'o.s ps
mar be ierefy crdf.d BY Lac, s be elected by 'he Feo-
ne or .ppoine % the Legislator. may direct" IL was not
denied Le ssanrni that these officers were e,s,d oy
/ Law 10 1888. si.se tho adoption Of the C9p''.tn
lion .. i"4s and from an ipI.pee'iUn with, iis
IL. .-eos Of he Court II Appel. In the e..s tho Pseps
sgt draper n the Legislature may provide Tor
Of 4, oicsrs local or senoIa whose oes there.rs
created BY law think that decision would not DC deesd
fesoIe although is language appear. to be broad enSssa
embrace .nsh an act susa es. Vas No, sa ,,
not conquered The validity ofths law extending the term
oce q Mr. stephen, s'ned to D: Upheld ~ ,n
OHIO. local not, aud INDEPENDENTLY OF ,!e time o, US
WHISTLER ssor, or amer ,ns TO ssre by ii III, %
the duration Of any Office not provided by 'he
moi is su,Dsou 81 The torn Of an qe already elected
OF appointed 20 an oaics tho duration - which
two things dura Of IN csee and sso the drrs.
ton term Of incumbent The 'rst j. clearly within
the cour,utonA authority Of the Legislative, while the
ohe Il not for another decision ofhe Court Of Appeals
would sppear to 10 as clearly withou, sanction
Ihe Gaze the People ss Bachelor, u N. Y. r. 49, Is
controlling authority the subject md - member OF
subordinate tribunal must follow Il a. A. hory The act
parently tie pece Dent for the s NJ der con.deron
It was also urged by the leaned counsel for Mr. Ges that
City Of New ORR aud tina, relates this property
the city 10 strictly private corporation !.
Without referring TO tbs startling docrre IRON which
must decidedly dien promulgated IN the oplu ,ns Of the
Court of Appeal 10 tho late cases Of The reols s ker
na Ss r.poed The People and o
1t the present term. In relation TO the the Legislature
son Of tho COUNSEL Ills sruuieat esrnot be sustained fe
chief officers the Croton Aqueduct appointed
to public offices created oy the Legislature which uay In like
abolish them.
Other public duties also devolve upon hoe officers. con.
and sewers Of the city Of NowYorf They are no les. public
officers than the other heads Of Depsrmentshe CONTROLLER
for example, who the financial officer u the city and has
in great the management Of the income Of the
pier. wares and other property of like character which
city, %ssy are nSs paso soncs Sh
performing the ducs Of Predrnt and Assistant Comms
City Of Ssw9ol alone d'tsui.hed irom tbs residue Of
Che State The title tbs Aqaeaact vested - tia corpora
and wioeo%s wai and / ira,s dssoved upon the CSS'
Senea Of IL. pSs Should the ssa 'oI
@. under 'S 10. wss be s f.. %
snacens without to the city, the
Il. ss Which Of s1s ING
calamity But the principle which places the control and
and prss,. oiee Gp' may be d.ahsd from sa'S
which the OF the streets has been allowed for private
property in conformity with the existing public trust and
h control not for subverns the property to private
without computation 10 the pubic corporation which ruised
the money fol its acquisition and construction.
These controlling In respect to the suggestion
that the Croton Aqueduct Il the private property Of the Cor
porniion. 1he between the resor Dsagh. and the
defendsia, Jeremish becomes very simple when Il 10
assumed that there question Of private property 10
Ing to the city involved In the case.
The power to remove the reator claimed under tho
Charter Of 1851 The Of 1869 10 In direct hostility with
the Charter in this respect and necessarily operates repeal
thai provision II follow. that the resolution of he Board
Of Aldermen removing M Dagh nussory and that he 10
s the Assistant Commissioner The resolution appointing
Mr. Jeremiah 1. imperative because there vacancy
In that Office TO be htd-
dent IL also nop rave the Of Mr..
phens had been extended by the act Of 1863 and
I eancy existed Ia that office.
Judgment must be entered in each for the rssor with
| coats, ke.
Mr. Marsh and Mr. Fullerton for the yralaors sx Judge
Pisrrepont and Whiting for defendants.
CRAnBERs-JUEB 30.-ieiofe Justice MILLER. b.
| Muller Art Mulef-('om wanted