New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-21
NFw.YnRK sIpERIOE COMET.


NETWORK SUPERIOR COURT.
BENJAMIN Wood ag The Mayor Corporation. etcl.saFd at
special Term June 1865. Roger A. Pryor. esq. fr PLATA
tiG Richard OGorlnan, esd corporation Oouhs'~ "f
This IL an action 10 recover $4,000 and upward for
advertising done by plaintiff for defendants TUG eomi.aht
IS IN tho usual form rendered Pho answer adi
that there s Justly and owing the plaintiff tne sam II
~ $40 25 bcrg part Of plaintiff account AID Gets w
Application Is now made section 2i o. the Code for
oder directing The Controller to pay over the amoah. aa
points urges that noie MISLEADING the adEsslog eoa
,S,nSG % ne w ~ % iS;.y fs '9 ,oc GoI % %
what commonly called the City tax law or TAX levy passed
s & eeyh y , aoisy c acge sssast the
Coip1raiou except aDon proofs in open co1 ai tue acI
sought recovered eth remains uneKDcnded n tho iieel
pnrrose upon lie lin SIZED Tor Aforesaid" Judgment can
he rendered by Ills Court against ro CoIpoI aton ne
also sas sec,fJn OF tie charter % 81 orbds TIE Com
n,g ~, tr,ia counsel fcrl.- that hi. clients On.
phiiohs me p-'alln % - sr,- ras made
and the work performed n the years isoi ,oS ru rP ah
before tie iaf levy WIS PACED o. eSsno sS @ ~, con-
~ $50, oftic Ccn,titu on OF tue United States
Ana an W tic re1 objection ropleS that SECTION q
Of The charte and not Intended 10 apply to sven
cas Nv how stand the law section of fte charter de-
all resolutions aad ropos Of committees whieh
Precipitation public Of be taNine or assessing the
eisss city saa be published "a Il The n0wspspes en-
poyed by the CORPORATION and shall not 9e passed o. aooits
unit such notice has been pCbihed OF least Two Gays
Section . r,o declare. tia, ST shall b. tie duty Of tne
cer. OF respective loaTds 10 publish az Wol
sh be passed and aso al proceedings IN said news
.1,ers the OF an ordinance Hhlch sns cone
specific improvement o. n'oi'c the So ul'poa.sayn
O. hNto IN It public property tte expenditure OF puO
IN sn,f h.retfon or i any TAX or asseasun',
t,J he rnlshea uitlr 'nc SAGE 'I 90 schs - wy ~
'paiu' ~ LII, in sait ye's aud nays ana VIA "
licuiion shall be part Of ne pToeeee,rSs..1
v tho appropriate heads Of departments, =, s,nnded
on sealed proposals maze IN comilIAc public
Il vll tT hg
notice published ioi at least teu Days iI ea'a 'Is 9a
secn Al decarcs tha: "sl persons acquiring any ferry
lease franchise graat under The Provisions OF to'
shalt Be required to purchase ut far aPpraed
grantees actually necessary Tor the purposes OF slo1 ei
Iii. cotton ll lie given under tho direction Of the Control.
r in the sspapes employed by the CoPornto ana to "
day. n coch tue daily newspapers 50 employed
81 that II viii be that lie charter makes suo
publication prt the Pocedngs Of the different Boarts
and surely the learned Corporation CounseI VI" hoI eoehu
th becase osusc in section 20 declares that no exen
shall be Incurred y any Of tho departments ooeeEs thereof
Whether the o Ct OF expenditure shan nave oeen oieei y!
the Common COgno not unless an appropriation sa bae
made covering such expense that the corEs.on
papers who pullsh tAese Iocsco'ns thV! scT
Void cannot obtain reasonable com pensso Ie Ml. ST.
Iioes Icr mark ihe Common Colaeu DOES ho aeS ,r
Irucecding 90 be pphsd Inc ioli sec.los u Wy
have ssl cited so.eaiey dsis them 20 ps ne. ~, i,
charter thai incur Tie expense ana No. thg boaus 9
Common Council MoreoTo declares tLat Il the proceed
La aIo rot pub. .hed, The Whole shall be void.
do,l DE construction claimed - tie C,'ense ir soctoh
q he tic correct one why the whole proceedings OF our City
GOEerAmclt come 10 anu u
years past would be void clear therefore, that section
u, css expenditures BY tie Boards ard n~ Intended 70
to matters this kinds snd OF me fact
ti1t was Lot 80 in d the earaed CORPORATION Counse'
has Sid l5 rz-tz showing 1a my yieSs in the con
stIucon OF th section incorrect; VA we eoh!ay ma
m eonsenling or offering Judgement against ~.
f certain amounts incurred Tor advering ana Tue 'o"i
uniformly enter ~ judgements on ssSh , e9n,eats j..
ces tie Corporation shal designate newspapers 20 publish
their proceedings and as said charter also PROVIDES tna sven
In such Newspapers. and Il being admitted that rae Bay
6ns Corporation paper io.ows therefore as matter
oaw that hr Wood entitled TO recover reasoSaoe CON-
per.afi0n flr such services
sections T. 81 % and II declare that such proceedings 10
Rake them valid, must bo published FOR certain length OF
unc Now The Como on Counc docs NOT make ihe exIhti
tuse bat tho charter directs i 70 be made think therefore
tue plaintiff reht In regard 10 tho second point
ny agree with tho encrtaqed by - learned gen
eman who represents the plaintiff in the action, in saying
hat he relief coed should be granted Section 10 OF said
law cannot affect c merits OF IBIS case because the en-
gaeement made and tho work done before the law u
to- took effect Tie instant Ito conruc with The p,aina
completed and WON prr@Sd Inc TO ssy6ns q III. e
ye control and u T9i T ygy pqros rnsI bs S
section OF article OF that IN Isl rument. -
10 sag that Mr. Wood has pei formed hs work has ulhd
~ eo9 10 III. p1 S y the law ot the i Of Ma i6
has taken away hs Ieaed, BY Gds@ent would DC NEST pre-
tights acquired under existing Law creates oblIga.
on impose respect past transactions
must deemed retrospective Such VAS The rGla ll down
III ihc case at cited tho. eminent gs! s,y.i It is very
DESTROYED By denying remedy or may be seriously Impaired
by bndening Tho oeSed.ngs g,a new eondsos SO as 10
that there IL material difference be-
retrospective law declaring particular obligation
need fS iG e red hSt oSss Che ss and arce,
the obligations Of all contracts and was for The protection Of
that remedy that tho caHse in the Constitution under
consideration, mainly intended. -
In the case Of MccTackcn agt Hayward ars. United
States Reports COY Mr. Justice Bllwin In delivering the
unanimous opinion the Court sah "he obligations Of
consist tI binding force on tho party Who makes
T. and this depends the laws IN existence when IS rade
they necessarily referred al contracts and forming
part Of thcm q Of tho obligation 70 PERFORM the
cen be 20 other standard By which ascertain the extent OF
either than that which The terms on TIE s9nirac' S
smmaled; law defines he duty and the rh and COM
P 9f sS Sa ol erFy e II to- ISs By tie
reeics In existence Subsequent law affect 20 dnin.
sS h ao Gg eopac IN fiSor Of The one parry to hs injury
he othcr hence any law wheb in it, operation amounts 10
,hsneh ,ssrine 10 act only on tho remedy y directly OBJ
noxus to the provision OF Tie Constitution NOV tins very
Agau Chancel0r Kent s, Kents Com. ~ notol IN dis
cnssng this question lays down rule that 20 take away
by legislative the existing remedies Tor eifrcing Cd
Tgscns Of the % leave he creditor without
ree would be mookery o. Justice and Teposnaa' !" the
therefore cey tsa, ell suspension By statute Of rene
made more or less impairng obligation. and tas clear
rule u law held IA tho case OF GTSeH eg ba1 ,o s
in delivering he opinion Of tie court that TO deny
remedy under contract or BY hardening ,be cmedy With
hardly Worth pursane ia equally violation Of the 10th see
ton Of article ofthO cobstiiGion And bachs;ops N ns
Of !lw 10 o necessary qneDcsi for says the hArned
commentator kws must be very vague and i"fe'ee' WIFE
DO. spa,t from al other copdsisoBs and ooiae q. the
Of the act seso no:hag .ss5' md ". Osss VIII
The highest Iespeci conclude that our IA @ S no'
cause il the construction DO correct then The
Lsgsatars might ast a. wsi heys saa 'ha' o'"Nn'