New-York tribune., 1867-05-28

restraining Catherine n. Forrest 0Srmcy his Wlc
colectlng certain Judgments recovered by her against
m Rin LOT moneys Ior her maintenance. Tho following
NELSON. c. i've have looked into the bin and
papers on which the motion was made, for injunction
monts recovered against the complainant or caimine
from him any money by OF the same and Of
to said injunction. The motion must therefore denied
SUPREME CoURT-GEsERAL TraM-Before Justces
LEONARD, INGRAHAM, and SMITH.
THE CITY FRANCHIsTs-THE COUNTY TAX LEVY on
lS67-LICENsEs OF CARMEN. ETC.
The People and John cs ssS MiS S Thomas Acton ''a
The argument in this case which is brought to ted
licensed businesses from the Mayor to the Board Of Peo
was concluded yesterday, Mr. Field, behalf Of ths
nSSSh D1s B az eS 3 to 51 oG s % the DE-
tuiona was transferring the inherent In the chief
by the corporaors but by the Legiature snpnese the
act had said In equally comprehensive terms all powers
BY the Governor and all powers heretofore exercised BY
the Common Council shall be exercised by Legsia.
cOnstitutiOnai Mayor is to be elected by the Citizens
whom lie is to preside. Can YOU take away MS
powers and leave him still oicer Such evasion Of
the Constitution could not permitted But the power
OF an officer made up of the parts Of such power
e who Whole To AVOID this cocon the anS
anfS amt are bound to show % some these
an county Officers and all cty officers shah bs
these four gentlemen officers Of the City OF New
York In substance and IN eectf fou cannot by giving
Mayor his essential powers without making
them city officers None of the cases cited tho other
presented even the sembance Of opposition The case 81
the Excise Commissioners against Barry not In point
was discussed. The simple question presented
which II was astonishing there should have been any
to sell what the people Of this State adiuGsed to be
poisonous eoncoetiOn, without regulation They misht
have well raised IL to the constitutional right 70 sell
gnpOwder obscene publications or any other matter
which the people should Judge 70 be dsleterious The
rule that district officers could not be invested
Indirectly with function which they could not have d
rectly conferred them In this and In AL the police
majority Of the Court rested their decisions on the
fact that by the act new district and Offices were
created Iii the People agt COnover, the only decision
that the object OF the suit was not an oce Ia the
Of the People agt PInokney which was quo war.
ranto TO test the right Of the Respondents under the Fire
Commission act, tho decision rested on the narrow
Constitution was enacted and therefore the Constitution
did not apply TO ~ The question as 70 whether the du
Mr. Justice Ingraham-That point was raised here be
low. a.
Legislature cannot take from the Mayor part Of bic
! powers andconter them upon otherst
Mr. FeldDid claim IT, for this had been repeatedly
done, but that the officers on whom sneh poyerswers
the cited, that Office must be created New
duties not new officer Here the Mayor invested with
dspyed Of them and four distinct ofcefs were nduetsd
into new oAce to execute them Is not this city OF
cei You cannot alter its nature by canglt by ne.
name. II you can, you may appoint provost TO fulnl
all the duties Of Mayor and burgcmasters to fuln!
by the Legislature there win be government Of New
York by its people Some powers such as those Police
whose withdrawal destroyed the Office. Mr. Field here
showed what large powers by this section conferred
Seco,d That there were two subjects in the act was
t5a u vas ~ nor NJ local. e cited the recent case Of tSs
People agt Hill decided in the Court OF Appeals to show
t91 sgin ~ w SLOW VIII hat % acts 10 the sOy
ernuent Of the Metropolitan District OF Middiesex u0n'
dom containing 100000 inhabitants there copsid
| orod daal HOOtnem
used that II this ground prevailed t would destroy the
Whole act. ana With it many important interests incud:
ing possibly the judicial salaries with that they had
nothing 60 do. They were merely cslnS tns eans1 70
y TIE iS'S words OFT Or tho Cor Cor; hatIsl =
Third The Legislatufe had 10 power to delegate its
by the constiiGtion That instrument had preserved
charters and authorized the delegation OF local leess,
t0n TO Supervisors The city, therefore, had it's chartered
rights by legislation. bat II the legislature could des
gate that power 70 any one tnen tess e5s were oDsa
with special force in such case Lastly nc insied mai
stituted contract with the creditors OF tue city Thca
was impaired by transferring the Iunds iro one pody
The Court reserved its decision.
Mr.. Alien and iir; Field for plartr; Mr.; Hutchinss
Mr.. Yanderpoel and Mr.. Woodruff for defendants
CuAMDERs.-Before Justice SUTHERLAND.
THE QUARREL IN TIE CHICAGO AND NORTHWESTERN
RAILWAY.
The People Hatch at Alder; s. Pthai Treasurer IA
TO compel the respondent to exhibit to tle reator hs
! transfer and stock books OF the Chicago and North
claiming 10 be stoekholder therein Afidays and de.
positions were read Yesterday on behalf of the resrCndeni
the closing OF the books borrowed tho stock largely 10
order to vote on u ana h36 been Ssr en{ Er ss
also read OF the respondent in which he denies on inor
nation and belief that the e9tCr owns stock n snd d, al9
sFoctaodsT!G EF9A 9S aT Gs G5sn6S male lee out a ''
Mr. Iarocoue al behalf Of the reatcr claimed that .ht
latter affidavit was eyasve and that stock list lad
been made out though t refused 20 the relator he
| IN
improper in his taking measures and buying proxies
IoE an ceu!2n n %.'s W. ~, S S'Sn Ese @ fans % an nd,
part the REALTORS right clear and did not depend on
points which were first, that the reator was sLognM
be cOnsprng audulenty 10 elect certain persons officers
OF the Company and that the Court would not help him
in such natter One asking equitable relief must com:
into Court with clean hands, second the Court can no
foreign corporation in his official capacity nor oVS
! any person in bis private capacity.
The argument VIII be resumed to day 81.
Mr., Iarocque Tor Tela,or; Mr.. TLdea, Mr Ahep anu
SPECIAL TERM-Before Justice GEORGE G. BARSARD.
schloef,r agt Wildberger.-Judgment for plaintiS
findings 10 be drawn and submitted on notice TO oppo'"
CuAwPEEs-Refore Justice SUTHERLAND.
Darling ct a. agt. win. CLARK Complaint and answs
Marcus Brod ct al agt The Pacific Mutual Insurance
Company denied without costs 10 either party,
Wesley Merritt agt. Richard Hecksher ir., ct all
Motion graed, with $40 costs, to abide the event Of the
VIM r. BrnclorhoG agt VIM L. Ladd.-Motlou
granted, unloss paintn stplate to notice for next CIT
cult, and pay s0 costs, &c
Cutler Downer al agt Charles Mellen ct alMotion
denied
VIM. A. Brown ct al agt. r. I~Hln ct ai-Motlon
granted.
John g. Gaines et al agt. p. A, DryerMotion denied.
with SO costs, 10 abide the event Of the action.
Andrew c. Gotty agt. John Binsse, &c-Motion denied
without costs TO either party.
The Bank OF savings in the City OF New-York aga
Lucy NJ shepard ct al.-Ordcr granted.
Samuel c. Adams act. Henry W. Patter.-Not.on grant.
ed the defendant 90 pay Sj costs Judgment TO sand y
security defendant 10 answer In ten days and 10 consn
TO reference If plantH desires order 10 be settled
notice
John Finl0y, f. agt. n lIcClosfny.-,sOtion denied
wit ctst to Spf led ID