The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-02
TsiG SUPERVISORS, Ii5aa }G.yo.

Siis StGes.ISa of the Eecg:a,.ty ef the Proceed.
srg1 o. the sioarf-~1isc Ccse Submitted TO
tbs CGGr, for Decision.
yesterday the case OF Supervisor Smith Ely Jr
against Richard 3. Connolly Cosaptgoller came up
FOR argument before Judge Fiban at Special
Term OF the superior Court, upon the return
OF m order requiring The Defendant TO show
censo why injunction prayed Tor should not
be granted. .nta Ely, IT., moved Tor an IN
junction 10 restrain tie Comptroller of Kew YORK;
from issuing any warrants fer tsc payment or money
appropriated, out OF the tax lazy FUND.- by the Board
CT Supervisors at ee.rg held September II, 1869.
INC grounds are:-rnat plaintiff a 4 member or said
Board and Is entitled TO participate IN the proceed.
ins OF each meeting thereof thai .hs eaiay OF tho
I0Eh OF September, a. which tie rand RACED by the
tax levy was appropriated was . specist meeting:
thai qihailii,h mad no pore 10 was 10 be held and
that IFS proceedings therefore irregular ileVai
and ycia; .hai reaolat,oas agsroprar.ns money
could not be legally passed 1T special meeting
unless each member OF the Eoard was specially notL
led of such Hceslag.
NGorman, Counsel 10 The corporation, Tor the Comp
Mr. Moses Ely, IN raovng' presented the follow.
S4s'--Ihis action Is not brought py the plaintiff
oi the Supervisors, entitled 10 salary TOR his ser.
vices, ami has private Interest in the right to
increase the functions OF his Office; ana the only
way to enforce that rig against tile action
planned OF In this suit Is by intefposng TO prevent
The contamination III acts Illegally sec in motion,
Sscond--It may be objected that 10 RESTRAIN the
Comptroller would be TO attack the action OF the
supersisoFs colatslaly SO IL would; but the cases
bearing upon The question Of such attack are mostly
reference to judicial decress. None OF them 10
to the e.Xent OF holding that decree VOID Tor want
Of larsdicaon In the court prononncing IT might nOt
be assailed. On the contrary authority SANCTIONS
and encourages sucn an aitacr. Those cases estab.
isn IL principle controlling In this.
yh,,U -plainiiT as inemser Of tho Board OF SUI
pervisors and within reach Of notice Of she pro-
posed special meeting OF September IL mad one been
supervisors on ,nat day assembled without such
noce raylag been given was utterly Illegal and
ex rel Lowe w. Batchelor y New York. D. 1884; State
esx rel Rurts vs. Ferguson. 81 New Jersey Law q
Wasin Vs. frecwslI Eosi,, en- ana c. Ietcsl!
rjassl, sol; 5acsson vs.. Hampaen, 20 Maine, 81;
fon,tn.-Aside iroln considerations Of private
Interests 1t ~ due to the taxpayers that when their
by them with the making OF the appropriation should
at least have al opportunity to participate IN the
counsels. Tic Board OF Supervisors of tho county
Of New YORK is composed OF twelve members. Ia
the absence OF the tweth eleven Of them might meet
Ii present might be able to them would be
disastrous TO their constituents. fhe public have
right 50 the united wia9om. experience and judg-
Richard 0'Gormsn. Counsel to the Corporation,
suon,lted the following points in opposition to the
F9Ist-That as 10 the facts of the case It appeared
that cnort was made 10 serve the piaintn WITH
notice. There is nosAng IN the law which requires
that notice stal be served IN particular way or by
specified noor, nor IL there any provision requiring
the Board to convene ~ q certain hour Mr.. Eiy's
store closed at five O'clock and he had 30 notice
eli that hour but the next morning when The store
was opened q uotice was leunu there. All prespmo.
lions mus' be IA favor OF The Defendant The meet
ing might nave been held IA the evening. aud the
notice might have been loft at pialnss store within
nre mlhuts AFTER ne closed H. foi all thar appears
this court.
.Se6nd-piaintir has suffered no such wrong a.
gives ham JlgnI TO the feHef sought. II st
the public which u 90 80 injured by tue payment Of
puDc money, tlr; Ely, nor any olher private midi
tunal mas the Ight 10 appear as ita Especial cham
bton the action should be in the name OF the pso.
pc. tOoolit'ie Va. Ioari o. superWsors, lS New
reason Of his not being allowed seat in the Board
M action should be Against tue members
q t,at Board ,r lot eansges or, % goara
OBTAIN wr't OF mardaalus, or u writ OF
prohibition But for The injury nc has suffered how
ifom paJng the puDic credli0csf IL liz not alleged
.has say IMPROPER appropriation nas oeen mate or
Ih0b te boafa or Supervisors have done more than
heJ were authorized Nv law W 40, on tiiat legal
lu0IHm was net present AZ the meeting, Rut no
ioe ground OF conpisnt is that the peinlnf was
moi present al the meeting audad no notice OF tho
same. Mr Gcormau urged Win great force tnap
where no public wrong had been Sustained and the
,Diy grievance complained OF vas the dscuurtesy
shown TO SIR Ely BY laiiings Ia notify him ol The
oee,iAg anu tDero WAS allegation tnas eyen that
Nfonu would lie repeated the painfiT was not onLi-
led 10 the relief sought tue oncct o. winch would
~ 90 suspend wholly q time the functions OF the
,hel focal oflcer OF The county aud produce groas
public distress.
Suoss fltblan satd II Yves very interesting case.
ND DE- would tiy 10 give 1t the considerable 1t
reserved. Papers submitted.
HORRIBLE STORY coSNs crED wrrH rnr srOSggAtL
DISASTER tcegrgin from Cairo laet evouug an
iounced most revolving terminalion OF struggle
or life, when one victim stabbed ana killed another
,aa was soon after drowned hinsef A group or
men IN the water sought to save themselves BY the
10 Of floating bale 81 nay which too small 10
loaf them al. savage contest arose for H. pos
essioii, az struggling 70 ootain iodgment upon IT,
Wien one more desperate than the rest was reused
70 dein0nac passion, and drawing a knife plunged
! INTO colnpani0D's body, AMI the hieess fora
oiled over into the current which was redeemed by
~ b.ocl The net Of fcndish impulse was speedily
,Stnefl, faf tie vhUlc party are believed 10 nave
jeen dfgH1ied~-% L9Yis Dsna0c,ut, OeL ~.