, 1874-01-31

L1G S34E4E3 kt44OE[NEI AASfA1Na
Mr.. 1leed-1 wish to aay fow words OH tho
now point raised, that tho affidavit MAS not
sworn to on particular day, and therefore thoro
can DO no perjury. The Charter saya tho Troas-
uror shall make account, etc. That 10 impora-
tive. I wish to cito procedont, tho case Of
Whoolor ys. Chicago In 9th Illinois, which
exactly covers tho question. fA1r. Reed read
tho case.J Tho charter does not say that the
Treasurer shall Bwear to tho amount on TINT
day,--tl,o 1st Of tho mouth; but that ho al,n1l
rciltlor MI account under oath, A fair aud rea-
sonahlo construction is that ho shall render it up
to that date. Suppose 1t fall Oh Sunday, or ho
bo sick, could 1t bo supposed that ho was to
mako tho oath on Sunday. [Mr. Rocd hore citod
monts mud Pleas, rngo sos, which supported
Ills viows.l This affidavit alleges aa "by
tho said Affidavit now on lilo III tho Office Of tho
Comptroller, IL more fully n,,d largoly Bot FORTH"
exactly Hike it,, [Hs then quoted from Daasett's
Criminal plealings, pago lib, another precedent
to tho snmo ofFoct]. Tho statute must haye q
reasonable construction. II Mr. Gage ia put
upon trial, and can show before tho Court ind
Of the Common Council to loan out money and
got tho intorcst,-if Lie can show lhat he
honestly loaned It to A. u, mud c,
who, afterwards, failed mid could not
pay him. reasonable construction, Of TINT
that but, If his counsel tako the othor position
and prosecuted him, thoy would get lin into the
Tciituntiary.
Thls opdcd tl,o arguments.
A QUESTION OF pRAcT1CE.r
Tho Court-Since tho Judges Of tho Courts
hayo boon required to hold this Court in alter
nation, l boloYo it Inns frequently occurred TINT
motions have boon made, aud questions havo
becn argued and submitted 'nnd taken under
Advancement 30 late In tho torn that 1t was
imp1acIicable for tho Judge presiding at
that term to roudor dscihion, without doing 1t
upon tho momont until the commencement Of
tho term to bo held By anothor Judge. do not
know whether that question Aaa ever boen pro-
Court. eurposo 1t llas not been.
Mr.. noed-.No. sir; it Inns not.
The Court-But 1t is tic universal practice in
all courts for it TO 80 over and for the Judge
eision At subsequent time whilo another Judge
" Mr. Roedd-Thnt has often occurred. The roc-
ord shqws that the Court docs it without regard
tnstlr3 Judge.
hlr. Dextor-I lavo no doubt Of tho correct
ness OF tho practice. =.
DECISION NEXT WEEK.
Tho Court think II can DO done. think
there is no doubt abont it.. It is tho Court that
MI. Booth, or Mr.. Rogers. It is the Court.
Whoever An1ds tho torn is for the timo being
tho Court The Court does not die. The Court
is always present when 1t is opened because
an individual Judge may bs absent or
may DO dead. have no doubt
about that. These questions arc questions of
Importance, tint do not feel like deciding
thom Immediately. Although do not say that
7 am without an opinion upon the questions that
have bcen argued, yet should not bo wiling to
rondor decision upon them Immediately ut tho
closo Of tho arguments; and do not believe
that, II took time to consider ut all could do
1t Tomorrow, when this torn ends: 10 thai
shall not pronfae you, geutlemen to disposo Of
this case tlAon. When do dispose Of it, will
have notice given, and call you oil in at tho time
como hore, probably during next wools. The
motion, therefore, will DO taken uudor adyiao-
mont,
The Court thon adjourned.