New-York tribune., 1867-01-04
CIVTL COURTS.

SUPREME COURT-CHANBERs-JAN 3.-Before Mr. JUS
tCe lNGRAHAM.
TIE CRoToS AQUEpUCr BOARD-DECIsIoS OF THE COURT
THE APPOINTMENT or PRESIDENT AND The OTHER
ME,fBEBs or TIE BoARD-MR BRtDLEr's MOTION
The People ex rel John J. Bradley ast Thomas stephens
and Another
Ii will be remembered that this was an application
Alderman the Presidency Of the Croon Board Ia com
pei Mn Stevens the former incumbent, who claims SIN
10 hold over I'm default OF legaI successor nc aegng
that Ma Bradeys appointment by the Mayor void as
the levy of 1906 removed the power OF appointing the
Croton Board from the Mayor 10 the Board ltself.
MI Justice uCraham has decided this 20 be the true
reading OF the law and that the law If constitutional or
a least that The Court VIII not declare ~ unconstitutional
motion Tor mandamGs The following Is an abstract
INGRhHAM J.-The relator appointed by the Mayor
aud Board of Aldermen on December 1906 President Oi
during the previous term Ia May last Act passed
by the Legislature for the City tax levy in which in
serted provision extending the term OF office OF the
Engneerand Assistant Tor thee years rom
the passage OF the Act and then providing "a follows
land any vacancy In their number shall be nlled 10y the
members Of the Board remaining IN office laws or New
York 1856, 2d vol p 2056J The title of TINS Act Is An
of NrYork TO raise money by tax for the the
poratiou OF the City OF NewIor, and in relation TO the
tion Is are that the term OF the President is not
tended that the whole of the provision relating to the
officers this department IL void because the object Of
IL not stated Ia the title, az required by tnc Consttu
tion, and that the words any OF their number only aP
not 10 the other member OF the Board.
No question arise IN this case as to the extension OF
that he was not included under the term OF Engineer or
Assistant Commissioner and the extended term only ap-
plies 10 those two officers The questions then which
npply 10 this whether this net is local act
whether II II be local this provision relating to these Off
GERS is void and whether tho words vacancy In their
number nppes to the whole Board 10 the Officers pre-
yiOusly named I'm the section -
I'pon tho latter question entertain no doubt. The
words vacancy In their number must be referred TO
what folows"b by the members OF the Board remaining
In office"-for It's Interpretation In their number
means the number OF the members OF the Board, and the
words remaining I'm office includes the President as an
apDontlng power II either OF the other members should
yarate the office and includes his office, II It should be-
come vacant TO be filled by other members OF the
BOARD. There is grammatical rule which fOrbids THIS
of the sentence but such use or the pronOun
preceding the subject OF IL is very common. ,..,
The question is to the cOnstituonaity OF the
provisions above referred TO- IL Is contended the part
o the reatOr that the void because they con-
fict with the provision OF the Constitution contained ia
the 18th Section Of the lid Article yZ mo private or
local bill which may be passed by the Legislature shall
embrace than one subject, and that shau DC e1'
pressed IN the title" - - .
There are in the present case other difficulties in the
way OF obtaining the books and papers OF the office,
which seem to preclude resort to any summary made to
obtain possession Of tho books office 1t is that the
duties OF the Board administered by three persons OK
equal authority and the union OF two at least neee
legal right for the possession or the
papers majority control their custody ana no Vo
hasl right TO demand such possession. IL the otnS
members OF the Board would act with the hestoI sun ~
an application might be maintained may auu asO W
the reasons above stated that IL Is rarely II oNe' Pa
To award mandanus In case In whlnn ~ e' oiiy 20
done by declaring act OF the Legislature uhconsll
tutlOnal That should be done In more soAoin Vo o
adjudication upon full trial and not III "h oiunary
motion such as this. ,.,on A.. A.. ...,,..
,, ,or wandamus should be denied but without costs
Mr Abm. II. Laurence Jr, 4" iolA'oi' MI "Arsn Ior
respondent.