The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-26
TILE BOARD OF ASSISTANT ALDER
MEN.

MEN.
The claims OF William E. Demarest ana Patrick
Toner 10 having elected az the last election
Assistant Aldermen from the Fifteenth and
twentieth Assembly districts respectively the
former having received twenty one and the latter
Afteen votes the subject OF a prolonged
argument yesterday in Supreme Court Chambers
before Judge Donohue. It before the Court
on an application for Injunction against the
Mayor restraining HIM from recognizing the
present Board OF Aldermen the Common
Council OF the city and directing him 20 order a
special election for the election or fifteen Alder
men and nineteen Assistant Aldermen, these two
Council.
THE Grecian Republicn began Mr. Wolf conn
eel for the claimants for municipal honors
III you are going back as lar that" inter
posed Judge Donohue, at viii take you long
while TO get up to the present tirie and vii! see
what other cases are to be heard first"
IAN right, If you'd let me read my speech" said
.'llI have it all by and BY" replied the Judge,
The by and by came, and then came the speech.
iong speech IL was and wonderful speech.
Enishing up with the Grecian Republic, he gave
resume OF Roman history, and then, following
The track Of centuries gave bouna finally, and
landed on Manhattan Island waving aloit in
triumph the Dongan ana Montgomery charters.
He claimed that these charters could not be
abolished by an act OF the Legislature, and mat,
therefore, the act doing away with the Board OF
Assistant Aldermen is unconstitutional. lie
hrged on the necessity OF such board as a pre-
insisted That because millions OF dollars mad Deen
stolen by previous boards THIS was 10 reason why
the Office should be abolished
MI. Clarkson, or The CORPORATION Counselis
once, said that M. Andrews Intended to answer
ehe argument, but has not been able to attend.
All he wished TO say for AR. Andrews was That the
latter had carefully examined The subject that his
coneus were q al there was nothing In 1t,
aud that asking the CourE 20 tie up the business
oil city legislation, under the circumstances IN
dtcnlous. Il, however, uis Honor wished TO- hear "a.
Mr.. Andrews ne would appear before aim al any
umc and give MS argument n luiI send In a
brief
LET him send Sc in brern exclaimed the Judge
immediate adjournment OF the Court
IMPORTANT TO LIFE INSURERS.
decision was render ed yesterday by Judge
Van Worst, IN Supreme Court. Special Term, IN
voivng queshons OF importance 10 lie insurers
John Schlecht aud Rosna schlecht took out policy
Tor s2,O00 in the World Mutual LIE Insurance.
pay able, on the death OF either, 20 SURVIVOR. In
August ls74. Mrs ScnIechr diea ana six weeks
after Mr.. Schlecht died. SUI was brought by
George vogler. administrator % recover the lace
oil tue pOncy and sucn PROFITS as had accrued The
company mad not declared q dividend on the
poncy. demurrer was interposed by the com.
pany, claiming tnat there was an improper jOinuer
oil two causes OF actlon--one zoo an uccooEtIng OF
the pIgnts ana Tue otncr ~ merely y money
demand-ano that al toe poicy holders Should be
made plaintiffs TO the drst ana tue stockholders
sho l'd be made defendants.
All these grounds were overrulad oy Judge Van
worst. tie hO4dA tHAt ln1tulQCN rs zoe plallflR
claims only mis- share IN the profits OF the
fenaaDt, aud ~ has not aDpearct Jnat any other
policy holders entitled 70 rr-fzs, or mat tney
necessary IN the determination OF the plain
mrs share. II wouid n a nc8vv burden 20 the
pohcy hoIder, II before recovery could nc had.
tnat all OF the policy holders should DE required 70
be brought up as piaintina or defendants. me
books 81 the corporation snOnld, and presumably
do, snow the amount 81 sue pr0lts ma the nlain-
ufl's share. IL would DC the on ~ nc defendants
70 ascertain the pfUntS "a me business. and they
are presumed 10 discharge sucs dury 10 A proper
manner, az 10 enable the policy holder 10 as
certain the amount coming 20 I'm without A
formal accounting ia the ordinary term. he &C
cordingly directs judgment on the demurrer, Win
cOsts.