New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-09-11

nances is not In conflict with the Consultation and that he
bodies not trbidden and shows that il has been heretofore
conferred Boards Of Health and other bodies during more
The objection to the Board the ground Of Its local nature
overroed bv Judge DAILY in sccordsnce With the principle
judicial powers are conferred Board is held to have no
application since the Legislature is not prohibited from crest
inc new oourt-5N VI He therefore holds the Act con-
This discussion Of the cOnsutionsy OF the Act occupies
about Of the opinion The res OF tie opinion IS ocee
pied with special relations Of IL 20 this and be holds
that the ordinance relative TO Tie CRYING OF cattle az oefs
and in certain Humbefs and with other restrictions
within the scOpe and object OF the Acts that such regulations
have been mede before by the officers exercising Tie same
the driving Of cattle is dangerous to e overwhelming tna
the ordinance within the powers conferred the Board
He holds the regulation Of requiring butchers to take ont
perut more Doubtful but after careful review Of tire power
exercised BY the city from the earliest periods Of similar
character decides that far % this power relates 10 the pro
the city and conferred exclusively the Board oil
Health and with all incidental powers are conferred ne
expresses however great doubt on this point and
essential him pass it the proper remedy Oh
the butohers II wrOnged BY action and not by injunction
He holds that the act oonfers on the Board q he pow
es such extent they provide for the greater
protection and security Of health and life and they should
thak It necessary for that purpose 70 omsTe me N
It's decision. AT the time he holds that slaughter
house not nuisance per and depreoaes their eeen
removal lie fully sustaus the supervisory power OF the
Board the slaughter houses, aud on all points decH
The opinion spread over some 80 pages would Occupy
two eonmns of this paper. and unusually elaborate
and carefully reasoned.
The Judge finally denies the injunction.
DECISIONS.
Cooper art Jackson s. Schultz ct al. composing
the Board OF Heah-MOon 70 dissolve junction granted
In re- Nauman upon habeas corpus.-M,Dn that enid 10
committed TO the charge OF the atber denied.
Before Judge CARDozo.
Various plaintiffs agt. jackson S. Schultz o. elMemoran'
dun as 10 form OF Order.
Gibson sgt Stewart-Afoton granted with costs
Van Loon aet Brooks ct a.-Deondant Jaoot dischaged
on stipnating No The rest Of tue motion
Henderson agt otgnon-Motion denied. without costs.
SUPREME COURT-CnknBgRs SEPT. i0-Beforo Justice
SUTHERLAND
THE POLICE PORCB OF RICHM0ED-THB SUPERVISORS
OF RICHMOND COUNTY REFUSE TO SUPPORT THEIR
POLICE.
The People ex rel John Bergen Tressurer &c. agt The
Board OF Supervisors OF Richmond County.
The relator who is the Treasurer Of the Metropoli-
tan Police Board applies the Court TO compel the Super
vsors of Richmond County their bonds and raise and
pay 69l % for the py Of captain sergeant and %
paromen we'll other items Of general expenses
&C. the Of last April 1t argued on hehaf OF
The defendants that the action was wrongly Drought IN the
name Of Bergen and that the estmaes which this sum
was improperly drawn in at least two items Fur
Their bonds cOad DO sold for but about
and they not authorized TO sell the bonds
Further they not authorized TO sell their
a-only raise this and issue their bonds
ALL Vanderpoel for the Police Board stated that the bonds
would par but chat question did not arises the
Board OF Supervisors had not taken the ns step toward ra
ing the money When they had made effort honestly TO
raise money then would be question for the Court now
far the Court would go beyond that.
The counsel for Richmond COlaty contended that they were
liable q all under this laWt was merely discretonsy
aud they had dies red policeman tnere-he pooemch
were sent without their request. -
After further discussion tho pagers wore Submitted
the Court reserying It's decision.