The New York herald., 1867-01-04
SUPREME C0URT--cHAm3eRs.

The Croso~ AQueSiuct Imbroxl xlie-Iss ertant
Opinion Mandamns Compel surrender
Of the Once Of President Denied.
0n Before Judge lngraham
NE People er rel John j. Brodley u Thomas SepAas
q sU-Ths case, In which an order 70 show why
peremptory mandamus should not issue 10 compel
Thomas Stephens President Of the Croton Aqueduc De-
panent surrender the once 70 John Bradley, the
appointce granted and which argued before
shs court by counsel both sdes December
-, ult, was decided yesterday Tne following rs she
spnion by Mr. Justice Ingraham, refusing issue
Samus and which win have the effect Of continuing Mr.
sssphsns in once unies other remedies resorisd
- The relator. sI 4es ,.tn#t*.
me rssasor was appointed by the Mayor and Board OF
Aldermen ON the 7h Of December lses President OF the
Croson Aqusduct Board Stephens had nlsd that once
during The previous In NAY lsss acs passcd
- ths Legislature Tor the CITY TAX Levy, which
nssssa psovson extending the ssrn Of once Of the
Engsnssr end Assistant Conmisssnss for three years
from the passage The act and then providing fol-
asWs:sAnd any vacancy their sumber shall - nllsd
- Ne nsubers Of The Board Remaining odAos. .
Aws ef New York, lsce. I'd vol. p. 20ss The Title OF
sAs scs enable the Board Of Supervisors Of
As county or New York rats money BY tax for the
- of ths Coporaon of The city of New York, and in
SeAn6tpa she expenditure thereof The grounds
Wki0A tAis application bessd that the term OF
previsson relating the officers Of this department
yoid becauss he object Of = not stated in tho tte a.
q sSs,s nuysss only apple. e tbs Ensinssr and A.
ssans Ccnnin'onss. and nos y ses other member OF
No question co ar,ee in this case a. to the extension
n the term OF oGBos Of the rsspondent becsase Is
sssr that he included usdsr The term Of .sn-
gneer' as-stans comm ssioner" and ths sxseded
Srn only apppes 70 those two oascsrs
Tfs qussdbu., then, which apply 10 this case
csi se provision relating 10 nsss sesrs is void and
whesher The words "vacAscyln shesr number applies
V the whole Board TO the ocsrs previously ussd IN
Upon The latter question ] entertain no doubt The
words Vacancy in their number must be referred 70
shat Follows by the members of the Board rsmaining
IN onacer-for us interpretation .sfu their number
neans the number u the membsrs OF the Board; and
me words " remaining In once includes the President
- appointing power " either of the other members
snould vacAie the once, aud Includes hie once "
shsoId bscoe vacant 70 be hed by otnss members
q the Board There srammsc rnss which forbids
lhs construction of the sentences but sch Of the
prsss1s ;ss = saSse, ~, 2, = ys.y ~ on
psovsions above referred to. Its con,sndsd on the
a q shs reaior that the .sms are void because they
n tbs sxssensh section Of the second article VIZ. "No
Srvas Deal bill which be passed bv Ieg,sIa
isss sns embrace more than one subject and that shall
Us3sv thss provision Il hss been held tina, where mat,
he ,ss. such provisions are vold Town of FsSkl vs.
gishhill apd Bsekman Plank Road Company. % Barb,
- 800 ~ IL - sss % .ss Psnips Va .Ss ssyo H.
~ a. Theys not sesn able 70 nud sny direct sdju
s,essss that Iaw providing for the rasng Of moneys
fos saxee, IN . city county, 10 local isw. IhD
sppsn % have bssn psssd over without notice oh.
lssslcn 10 thcee cssss in which provisions deemed
in the tax laws. ~ in the sun Mutual Insurance
Company Va the Mayor, &C, ssIden, 2lL In the
sase or the People McCann Bowen. yL IN reference
- local containing provisions Of general charse
ess u eays III II not 10 be deemed private local
scs because title indicates. The character Of it's
aD.bs dessrnmsd by is pfcvkous, and mos Ih utle'
ees sbs purposes for which money 70 Be ralsd By
shh sc asfor purposes arising .pdsr sss'. s.s s"sn
wh>hsv snch lave ought mot 70 b considered Of general
instead o. iocsi character similar suasesticn was
a6a N veaSoa sbe sce amending the city charter In
phlncs W tht Mnyos an1 osbess II Hilton, 80. ~
10 kaldwiugvn ske Mayer he ~ Bsrb., slsD, WAS
and Ossks j. held that provision inesstsd therein,
nos msntlons1 IN tke titA was von- .Tbb gueesiens
hcwsvsv only srsss ccllsssy o. 70 the rent of ne
attorney 70 sCpeag IN the and bas not been re
GInnlnos Nd - ~ ~ b1sD ba(SD ~ oseaN