The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-15
PAYMENT OF THE LAB0RERs
The Citizens Association Denounced at q
Nesting in the Park,
&C., &c., &c.
Supreme COurt-Chambers.
Before Judge Ingraham.

Supreme C0urt-Chambers.
Before Judge Ingraham.
JAN I4-Johm Heckor ss TIE Mayor. street
sweepers 70 the number OF thousand, perhaps were
early In attendance this morning hear the Of
the Court On tho motion dissolve tho Hecker injunc
oa and ntonse excitement prevailed among the work.
men When it was announced that Judge Ingraham had
taken his upon the BENCH and about delivering
his opinion When II known that the injunction was
dissolved the crowd became perfectly wild with delight
tossed tho- hats In the air and gave vent to their appro
baton in loud aad prolonged cheering for the Court
John e. De lin and exJudgo Allen large police forcc
was attendance 70 preserve ORDER but fortunately
there was no need their services tho best Of humor
prevailed on all Sides
Judge Ingraham, in deciding 10 remove the injunction
took occasion remark that many OF the questions in
y0lved in tho suit OF such character that they
ought not to be finally decided preliminary motion
to dissolve the injunction, and among them were the
questions the right Of the plaintiff to bring tho
ton and the remedy which he might BIO eventually en-
titled 10 If be should succeed in the trial OF the case
Upon these questions he RETAINED from expressing any
opinion there other valid grounds which
the OF the motion rested After referring to the
complaint and tho grievance sought to BIO redressed by
Mr.. Hccker, tho judge remarked
The Of the Common Council provide for the
City Inspectors Department, and among the duties de-
volvcd upon that officer Is tnat OF cleaning the pubic
streets Corp Ord. 354) In that ordnance provision is
made for Burean OF Sanitary Inspect on and Street
Cleaning. Tho officer is required TO keep correct &C
counts Of the time OF the men employed and of the
work done by them and expense, when not done by
contract The thrty-seventh section, p. 16l, provides
for auditing bills and accounts for work done under his
supervision requiring him to certify such acts to tho
CITY Inspector all such work. and prohibits the Comp
troer from paying any bills money for the work Of
cleaning either by contract otherwise, until
ded and approved by the City inspector Asubscquent
nln for fptia Of .nu nyn
tract made for cleaning tho streets Under these pro-
visions apparent that the whole charge and super
vision of cleaning tho Streets whether by contract
otherwise is TO tho City Inspector and his sub
orinales to be performed OF course by the mode pre-
srbed by law For that purpose he is the general agent
Of tho city, within the delegated authority and Is
authorized to clean them Nor is it only In reference TO
tho cleaning OF streets that such power is conferred
upon the City Inspector. For various purposes he has
authority to employ men to work for the Corpo-
ration etber by contract or by days work All
these varied Of employment within the general
scope Of his authority, give him the power to employ
for these purposes, and, when employed they be-
entitled to CLARA from the city compensation Cor
services they may render Ia Donohue VS. Roberts, %
Barb 461 il said 'In such tho real question
not what power intended to be given to the agent
bu; the power third person who t deals with HIM had
of his principal and such ats though unauthorized In
the first Instance, may be ratified by the Common Coun
Gil The doctrine ratification TO municipal corp0ratOns
well to individuals Jefferson the Mayor, II,
N Y 40 and in Brady VS.. the Mayor, 20, N. Y, 3l2
DEMO, j., while holding that man cannot recover
who makes contract with the city contrary the pro-
visions Of law notices distinct Of
one who has bona fdc performed labor under such
tract and may recover hat such labor Is worth.
The Court then proceeded to show by analogy that tho
city had ratified these contracts, and said he had no
doubt Of validity Of these claims against tho munich
pal authorities The objection raised that there
money in tho treasury pay these debts would not hold
good shown In tho cases OF Green the Mayor
in the Court Of Common Pleas, and Darlington the
Mayor In tho Court Of Appeals In tho latter the
Judge said
Il was held by majority Of the Court that the city
liable be sued and to have Judgment rendered against
them, although no means were provided by which labt
ties could be discharged In all these cases the Copo
ration defending tho clair and hoy do not present
the question which arises in this case whether when
tho public authorities have exceeded the bounds which
the Legislature has prescribed to them men who have
ignorany worked for tho public under their anthor
W should b. deprived Of their ply on account Of such
violation Of the laws II Is not
necessary, however, for me 10 say this subject
since the course adopted by these officers has been ra
fed by tho city and the payment OF the moneys guaran
teed by them. consider this sufficient to entitle tho
workmen and aborers to payment and renders tho Cor
poration liable therefor For the before stated
am therefore, Of tho opinion that these claims valid
ard should DO paid and that the injunction cannot be
sustained
Motion to dissolve the injunction granted.