New-York tribune., 1871-09-14

quoted The plaintiff was not IN cepsSts 70 Ssas nsns
;iSp SIa .sssou s1s ~ nsss Or
question q consttutonay . Therefore rssSS Ss. No
than subject END that shall es %sn ~
Lie the members Of Legislature should ne seu M ~,
position practced by legislators Interested therein II
cases are needed to show that the act local tns ca
TO- The court in the cited ends thus IAN honest
and fair Interpretation requires me to hold that sscon
was inserted part Of the act 10 controversi.on
Of the constitutional provision, and is therefore void
The same decision was made n recent case hat ol 'ns
the late volumes Of the Court of Appeals.
A SUPPOSED BAR TO FURTHER PROCEEDINGS.
n then seems to me that from the decision OF Judge
Sutherland In the just read and the other decisions
this question: and from the general practice OF the
courts, and the necessity Of law, from the unvarying
drift OF all cases. there be no doubt on the W
dical mind but that the section of the act Of 1884, on
court and void and that he s , not en- en-
PENDANTS. And that respectfully say is bar-a con con
situiona on the % court to st4R amy
tuona provision were not imperative II h Scaf . Una.
virtue Of the Es a, II Is tbs Sny Iyeaon OF ea
trust exist II 1t give him any rights r,s a1 az e. ~
ANYTHING az against any the other defendants And as
to the Supervisors suppOsng that he ad rsht 10 se
in ths ~ nnScon ' is Being resiousy observed by them
that they have been following the exact course OF the
uss sS Of to Ssr ira, SeSs 10 s T they
Mr. Bartett-Eycept as reflection Oh them .na
s is tIine With The Court ask i to ntsrfeTe Those
who Supervisors now suffer materially nv IN an rn not in
Of that class They in no way Present SaY
any assimilation to the old Board they are EN- enerS " ~
necessity OF law does not exist Passing all That Dy
Court and Sap S % S hf net
much to 1t seems to me thas the iearnGd Go"o d
| in the substance OF their complaint, and Ill IN
| the form and substance or their opening goS Ioaiy,
the case that however interesting in public point of
view il wholly without relevancy to this proceeding for
pressve mrosurc- doesn't need to be repressiye
measur, is preventive mcasnre ana looks no. 90 90
shortcomings crept into the City Government thnt
may be e. nd = Sh # s%4s %1s G G"1 the pa
Government Mr. Foley asks relief it against the
Of tn" C t6e E oycrUmcnt Alto
vrther differed from what il Ii was formed then
Of various heterogeneous and gonstic clementsit
was not a civil government, but State government
and the civic authorities shou!t scarcely Dc hru res1I
But it is not against the Government of 60 or tho
Government Of 1870 tha. learned M the other
PENDANTS here are nor the Supervisors under the law
Of 1870 and 1911, but the Board Of App9,r, p,
| life in 1871. The action which they seek to prevent
T. tho action OF the present government and II Is not 10
what place in 6s 9, 1870 tnat they are to
look for t basis of their claims for t:s kind of relief
And even the learned counsel tho other sllf-i was
| glad to when he had closed that part OF ms adreSs
in which he spotc of past n @ saa @ m n c
present and .hc future and although believe that
tns MGa Il nS all @ @ m 1 s arc oW d
Of the plaintiff and what they Threaten ID ,;e i. ht
ali 10 that IS f'' pr"p"ry IN s ys1
not sorry t Of The t afS o Sr in ii r
tions to the past A. far Mayor Hall is c9nce1ed IT,
whom represent In this motion, lie has s'ateu ta. nc
| huaD
in any way for the CITY Governments he has stated ~ It
other side somewhat ippanty observed, but seriously
gravely becomes man who reeelyed @ an % 9on0raPc bic
has deird his coincction-hi. pecuniary connection
Inpaint He has been frank and e.ndi and told yen
what thar connection is-a connection which any inai
may have who writes article becoming Bentlcmdn
TIE MAYOR DEFENDED.
There are very few men in the city who will so hon.
estly speak out sentiments Of their heart who wh
say from their past knowledge OF the history OF the pre-
sent Mayor of NewYork that he Is as much to be be-
lievcd US any whose affidavit ever handed in in
s Charges to inos which have been had Under his
signature that during his term OF c1co lie has sgned
slider the responsibility of his own dntics-could ex-
men '' in banks and mercantile establishments
by yD the confidence they place their assistants when
Sn G @ S te wdn aslH e had Ire rcaso sS to eh h
was unjust and unfair. and your Honor, and every
crpt bis settlement believe it, and present 4 for such
st that % c0 he sai iH m
ernment.ii It were spendthrif{-eAi,ted left large
hsS na ha1s G as ats ws as they AHh sh
It does not form any part Of ny case to GO into tnst
Question the learned for G the Other =, @
stand here to ask what is there In the present con-
in future which MI Foley. the plaintiff has right to
| complain Of desire your Honor to set me right on
au gres e'h herein addaeea on tho pa deiendani
tie difference is not Of real Importance The question Ia
YORK any orrCr has been committed Now learned
couns, the other side said that the Tax laws of s7l
ali Claims accring agains, the city and County of New
in ISL should be paid out Of the taxes oS eoeted e In
srsaed sss SFI The amount that raised y
M tax Ths aa ss RsnSs ax to &c paid o
bearing balance OF tl6s4l,51 In the complaint i Is
year Now, the 100000 of bonds accruirg on the
theory of the counsel for the plaintiff also to he paid
remain for the City Government Now then for the
foo f% e5 prSSSnfaaa ycS ind s that there to PAID out
s52Is,736 Deductlng that amount. what is left,
business Of the City OF New.York There is left for car.
rying the business of the City Of NewYork o.
s9oOOCO sO,GoO.0N. In 1860, they were beyond
End yet my rnd me spPSsts 1t o m IN
IRgisature-cOuld /; have been the intention OF the
Lrc!sat;l:r Ito cOnduct It's business Ter S24OOpU NO
judge will believe the Legislature intended an mpossi
billy. II seems to the Legislature never meant any
| thing Of the kind.
| TIE TWO FER CENT ACT EXPLAINED AWAY.
The learned gentleman then proceeded to read the
! Two Per Cent act already alluded TO, and, commenting
it, said there nothing in the act to sanction the
arguments his learned friend. II what that gentle
man sought show correct the Legislature would
be Inconsistent with itself TIe also reviewed section
the act, and TO the Consolidation act, with the
view OF show ing that there was no Inconsistency pe
tween them and evidence OF implied repeal and then
remarked Your Honor il Il the duty Of Court TO up