The New York herald., 1870-05-26
SUPREME COURT -cI,cuIr-pAsr 2.
Iho Supervisorship C0nfrovcrsy-St
PROCEEDINGS Denied.

Proceedings Denied.
Before Judge Brady.
The People, ec rel John F0iey Us. Henry Smith
The motion for stay OF proceedings on the verdict
rendered on Monday In favor Of the plaintiff was
argued on Tuesday by agreement Counsel for plain.
TIL argued that two Judges OF the Supreme Court
had decided In favor Of Mr.. Foley, ana to de er
action on this verdict would be equivalent to de-.
priving him altogether OF what is his BY right
Counsel for defendant argued that II was custom.
ary in cases involving such important results. 70
grant stay OF proceedings.
jude Brady rendered his decision yesterday,
Plant having succeeded on the trial OF this nc.
tion is entitled to the ONCE he claims The constiu
Is deprived OF the votes cast for him was ones
toned; hut no case sustaining the proposition that
was not IN ,he power Of the legislature to
ref rred TO, was one in which Jle Court held that
az punishment for sending the challenge the Legis
vic el should-be Incapable OF holding or being
eected 10 any posi- profit trust emolument evil
or military, under this STATE anu In which it was sug-
gested that the State Legislature could not establish
arbitrary exclusions from oiice any general requ-
!atnn requiring qualifications, winch the State con-
tho Ugh not decisive or the question: presents SONS
elements It may be Tor the position taken by the De-
Ienuant, that the passage OF the act anecting nis
rghCs was In violation OF the fundamental law
Mn thel This proposition is correct or not may be
9eIermine upon due deliDeratlOn, but tie raactice
Is not to dec laws to be uncOns u ionai at nsi
pius unless papaoly SO upon their face and me
plaintiff received the benefit OF this rule VIII CHI i,l
my Judgment Is prOpe. one and should be observed
Tne delendanG now asks, nOtwlth tantlng the YER
dot against him. for stay OF procesdings until
the question Is hearl at general term of this cou
and The application Is srenuously opposed. tn,
CHIEF reason Tor this opposition That The once to
which he plaintiff has been elected viii expire on
the lst OF July next, and IL stay be grated by me
althOA ca the general term is appoint TO convene
: Oh the lst Monday OF June next the question: viii
not IN all probability be argued and dee. .mine until
aiter the term OF the paiatia snili expire. thiuk
there Is such force Ia tis objection that the st.y
should no. be eranted, and that the defendant should
De lett to obtain 1t by the ordinary mode OF appeal
The snort period remaining unexprred OF the
rlalntli's term is circumstance bearing strongly
IN his favor against the exercise OF a dscre ION
which may prevent him, Though hav ng a verdict
IN his favor rom entering upon ami enjoying the
onlce 10 which he has be elected. II may be tAa5
practically The only result 0 the cont 0yersy one
OF salary; but the action is for the oce by the PeJ
ple and the pa1ntn iS pyDaa Jitfe eptti d 30 il.
Courts give judgments Without regard to .conse-
quences In the admir- nstratiOn OF jus ice when the
facts and tho Jaw demand It, leaving the Ltigan's to
SUCH furth hearing, n any, tile laws guarantee.
What Is TO be done judicialy Is ever what igh to
DO and IN my judgment It IS ght to al ow the pa
tin to enter the Judgment and to leave the deicnaanr
70 his appeal Laink nevertheless, that the plain
TIL N ull accept snor5 notice 0l argument for the
June term II the defendant de Tres tnen To present
the appeal and delay In making and settling The
case should render 1t too late to serve the usual
notice.