The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-06-28
The Great Decision of Judge Barnard
The Independence OF the Bench
Established.

The Independence of the Bench
Established.
Yesterday Judge BARNARD fled an opin-
ion in the case of JOHN FOLEY, tue sutton
Tor the Office OF Supervisor.
1t is proper to remark that, after the deeis
ions Of Judge INGRAuAM aud Judge BRADY,
respectively, both Of the Supreme Court, that
MIR FOLEY WINS entitled to the Office, differ
cnce of opinion arose between Mr.. w. o.
BARTLETT and JOHN McKEoN, the reepec-
tive counsel for Mr.. FOLEY, as to whether
the appointment by the Mayor was requisite
TO give Mr.. FOLEY the office. Mr. MCKEoN
held that il was not necessary Mr.. BART
LETT held that il was.
MIR. BARTLETT proposed 10 argue the ep
plication for mdHddmus before Judge CAR
Dozo, who was holding Chambers. Mr.. Nc.
KEoN objected, saying that lie Ind no con-
fidence in any TOmmany Judge. Mr.. BART
LETT replied that, notwithstanding all tho
popular prcjudiccs, he had found the Tam
many Judges, so called, the most ready Of
any, in his experience in the world, TO do
Justice.
Finally the application for the writ was
made to Judge GEORGE G. BARNARD. His
decision is appended.
We challenge the judicial annals Of Great
Britain as well as America to furnish any
thing moro grand.
II is worthy of MANSFIELD OF Of MAR.
fuALL. No lawyer who is n lawyer, no matter
where he lives, can read it without thrill Of
satisfaction, TO sec the law so molly and tri-
umphantly indicated.
We annex the opinlon-brief, but glorious
NEW YORK sUrnTnE CouRT.-Tho People, on tae
relation Of JoHs FOLEY, agst. HENnT ssiTH.-BAR
EARD, J.-1hc act OF April II. 1851, as amended 10y
the act Of hpr, 1858 provides that on or before the
fourth Wednesday Of December In each year the
Mayor OF the city Of New York shall appoint ne
Supervisor the person who received the highest
uf votes Tor Supervisor next to tic votes re-
Board Of Canvassers as having been elected at the
The person having the highes, number OF votes
for Supervisor al the last election next TO the person
having the returns OF the Board OF Canvassers a
hpying been elected was JoHs FOLEY.
Henry SMITH had what purported to he higher
number. Int hEsRY snirn atthe time Of the cleo
ton WAS a Police Commis Toner and the act OF Apr
n 1869 provides that all votes cast at any election
Tor any person holding the Office OF Police Comnis
rioner shall be void. Void voice, in contemplation
Of law are no votes 1T all; 80 that We boun,
To look at It, llEsHY SMITH received no votes what
eyer.
JonE FOLEY has been twice ajudged by tn
Bupremo Court to he entitled TO the once.
lie now asks for ndHddmus 20 compel IN
Mayor 70 APPOINT him. / cannot conscientousl!
refuse 10 grant the writ
Aclearer calling for peremptory mdnddDln'
according 10 the well settled principles which con
Irr the issuing Of that writ, hardly be imagined
We know nothing but the law. The Law adJudget
Mr. PoLTY entitled to the once, and the Court mus
put him into IT,
The rue Of law has been adopted by the Suprem,
Court Of this state, that when statute requires al
ofhcisl act TO be done by given day for publ
purpose II slall be construed as merely directory II
regard TO the time.
The province OF the Court Is 10 declare ald not l.
make the law
It's duty is to give effect TO the DEGREES OF the Leg
stature, and the Court ne Il wen said by Lord HALE
are bound TO that sutors obtain the fruits OF dc
cisiobs IN their favor. Let the ndnddfnus issue.