New-York tribune., 1870-05-25
LOCAT MISCELLANY.
THE CONTEST FOR THE sUpERv1soRsHIP.

n.
DECISION TO BE GIVEN THIS MORNING
The c,se of The People on the relation OF
Johu Foley agt. Henry Smith was up again IN the Su
yrcrc Court before Mr. Justice Brady, yesterday morn
ing Some time ago Mr. W. o. Bartlett applied for MI
Flley TO Mr.. Justice Ingraham, for mandamus 10
soint Mr. Foley Supervisor. 1t was on this appeauoh
that Judge Ingraham made the decision that MT foey
was entitled 10 the office, but, 1t was soon TO expire
was inexpedient TO give IL TO him. The nght OF MT
Foey TO the office of Supervisor again decided, on
Monday, by the rulings of Mr. Justice Brady ana INC
verdict Of a jury in action In the nature OF quo
,rarrato Yesterday morning the case again came up
before Judge Brady application 10y the counsel for
Henry Smith the defendant for stay Of proceedings
until The case could he carried to the General Term MT
W. o. Bartlett and Mr. John McKeon appeared for MI
Judge Brady--what injury to Mr.. Foley will result
from granting this stays ,. ,oo
adudgod matter of law that 10 deprive party OF s
legal rights is in itself an injury of which t6e law w @ T
take cOgnZauce. judge lngraham has decided III t,s
case that Mr. Foley is legally entitled to the once mind md
Shont the Sonsntonality of the law on that point
concur in the construction put upon his opinion ~ go
ASSOCIATE Yesterday The right OF Mr. Foley TO the office
OF Supervisor has been determined by Two OF the
mGgTS Tv 4 b S favor S Why should he he kept m
Judge BradyWhat reason is there WHY stay sL0uiu %
not be granted until the can be decided Dy the 1el
eral TeTmi r,..o rorr ,roo+ roosor when TO defer
putting him into the enjoy 4I ms dlsns amounts III
effect, to denial Of his rights altogether W., ,o q
statute expressly authorizing verdict to be taken sup
Mr BaTtfttI do not question the power Of the Court
10 do that only contend against the injustice OF IL III
this case. .,.,, !,
the Office All that stands in his way Is DOUBT WLch
has been raised as TO the constuonaltS Oh tnG law
which makes void all votes cast for Police COiIlseonei
1t cOntendcd that that law deprives member OF TINS
Now 1 know Under What disadvantages men Of genius,
like my learned friend Mr. VandeTpOe, labor AS soon
clients: and from that time on the food of business which
Cows in upon them continually increasing Ihey nave
friend 10 read tPons6 the whole of the Constitu
ton But do not think it unreasonable 10 nvte & nis a,
tepton 10 the first four lines of that important lnstru-
Inent II he will take the pains to read the very s ar
tce Constitution he will find that IL provinces
member Of this State shall he dnchsei deprived any Of
sf ~ The land d The Judgment ofhis pesr ,oru
Now has not contended by any one that Henry
Smith has deprived of right or privilege secured
10 any citizen, but 10y the law OF the and ana II ls
The section which have quoted from the Constitution
mean ANYTHING else whatever than that by the law OF
tain Ti%is and privileges and unless by the law the
land he shall not he so deprived 1t is the law OF me
land that Police Commissioner is deprived OF the rght
to receive votes for supervisor Again. by the eghn
article Constitution, section first the Legislature
IA empowered by special act 10 estaDs io
municipal purposes and from time 10 time 10 ater OF re-
peal ali general special acts passed pusuant to that sec
ton. The law under consldelatlQh Is DuI an M m
of previous act passed for municipal purposes NO &c
eded opinion has been expressed by the Court that the
law Is unconstitutional; only d0uDt-3 slght dGuD',
might say-has been raised. And understand the a1-
clear to be sustained by the Courts The Courts will not
pronounce law unconstitutional unless It'd opposition 10
nouncng an act of the Legislature TO be unconstitutional
the incOmpablity must not be speculative, arguments
posed consequences must be clear decided, and nev
liable, such presents contradiction at once to the
mind without striving, either by forced meanings or to
Your Honor seemed at first thought half inclined to
rebuke because l protested against the dgerT1ng
of our Goyernment They laid it down as fundamental
the Bill of Rights, that Neither justice
nor right should sold to any person, denied nor
d IT., 5hSy ranked d IN sa8 WIN n s deRa or sae
fault to find with the Judiciary OF the City OF
NewYorh. When your Honor was placed upon this
bench, il done fresh and additional
guarantee TO the people that they should have just
and impartial judicial decisions. I also believe that
there are no braver or incOrruptible men than
Judges Barnard and CardOzo, and have no fantn9ne
whateyer-to find with Mr. justice lngrthan, 1Inonga
do think that his opinion in Mr. Foeys case showed
singular confusion Of mind What earnestly demand al
s that justice he not deferred MI Fo'ey mas 1een
adudged to be entitled to the office Iben say Place
him in it, Instead OF stay OF proceedngs we Gug1t 70
have afnGnddmtS commanding the Mayor lnmedatey 70
him in OF what our fine theories OF our legal
rights they be carried into practice by the
cOurtsf We see today in England project on LOOT 70
OveTturn her whole judicial system IN the nope OF
people The Supreme Court might as well he blow
ing soap-bubbles as engaged in adudcatlng upon
session. If your Honor grants stay now, lts pIac
teal operation will be TO shut MI Foley Permaanen5ty
he is entitled and TO keep in Mr. Henry smith VINO
term The ONCE expires the last day Of June We have
no reason expect decision of the General Term be
fore that Tie Court will not boldly say to- the people
who Rave elected Mr. Foley "We will choke you; your
voice shall never he heard" They will not do this; but
the voice OF people TO be hushed by nursery song
sha have expired; and then walk in Mr. Foley, you
after OCe which the law assigns you shall have eX-
Pred-you may have it with all its hOnors and emolu-
inents.
Mr.. bartlett was followed by the Hon. John McKeon,
IN brief and mpassOned address also for Mr.. Foley,
and by Mr.. VanderpoOl for Mr.. Smith ..,-,,
Judge Brady said he would announce ms decision THIS
morning.