New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-04-04

and though there was old law In England TO compei
take Office. he ddD't believe there any
by which man could DO indicted Tor refusing to hold
Judge Ingraham-There Is no necessity for IT ye.
Mr. Vanderpoel cited 10 show that eligibility to
public trusts constitutional right which could nos
all persons not excluded by the Constitution. IL an
absolute rght In the electors to choose any one whom
Mr. Bartlett said his opponents Pennsylyana law
might be good enough :or Pennsylvania but unfortu
Datey our Supreme Court had held quite tho reverse
Mr. Bartlett cited case where IL held that nothing
better settled general rule. than that statute
as merely dree,ory and Though tSo ocer
the duty allowed II to go beyond the time. the PARTY
there being incumbent IN the office, cases cited
10 show that 10 was no impeachment 10 t5e allowance ~
writ Of mandamus. where the tile OF 'he applicant
was clear, and that ~ the incumbent clearly void
One OF the real questions Mr Bartlett couieuded was
whether that which was void could he the fOuEda.
ton for anything; and the other the greater and
comprehensive question, was whether have IN thus
city government by the people II was for the time
now enumerated legal and political doctrine that
while the eligibility Of candidates was most sacred
while there man who could not be voted for y
mat they could not hold public officers strict ps,
formance Of their duties He wanted 10 SEQ such political
doctriue sanctioned by tho Mayor. man could mak
contract TO transfer another man the fruits OF his Ia
yentve genius for years 10 come but u seemed that t
state could contract fidelity and faithful seruees
act nothing return There vas no number OF Offices
" ~ ne NOT forbidden in tie Constitution According
that doctrine His Honor could sentence prisoner os
the bench, then come down and put the handcus
ON him. and sfterward execute the sentence A
Judge OF the Marine Court c0uli also De judge q
the Supreme Court. and draw two salaries NO contFaa
could bind an officer because elgiOly tGlohce Sasa
cred,he only thing sacred in this city He had lster
with desp interest TO the remarks put 10 the dseea
OF His Honor 10 spare for brief season the NE OF poe
| wltless human being Jack Reynolds He now spoke
n case far more important than that lie asked that tie
hand of violence, which had grasped the rights OF h
peope should be unlOosed; that the Temporary snpet
zion OF the life OF the people OF the Cty OF NexYo
shoud be ended here to-day; aud that the voice Of s
peope of New York which had been senccd by tho r
lent void proceedin rs Of these men, should be pernhd
be heard again The tlema had diseaine1 arguing tie
| constInonay OF the law IL was the same power ShA
| invoked into existence tis Court, which placed ia
Honor on the bench, that declared tue man holding he
office OF Police Commissioner should not at the saus
time be Supervisor II that voice was mpotent 10 tos
one act l ives also to do the other English statutes
enacted centuries ago declared that certain oficen
shoud not hold certain other Offices Ibis was the
time such law was ever questioned To say that tbs
4 mower OF appointment once executed ~ the Mayor
was be gging the question. lie had not APPOINTED s
| only man who by law he could appoint lie did nos
think that because the Mayor OF New-lork had made
blnnder and had not done his duty, lie should not b
held TO do his duty, and that which be ougat 10 DO
| The Court took the papers resoryluS ~ decision
| O. Bartlett, j. II. Strahau. r. ID Hat,h' ana HIlu
Bartlett for the reatori A. y 4'deipoU @"1 L. f. AZ
I drews for the respondent