The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-01

zion for this writ denied and appeal taken
from such decision to the Supreme Court, General
Term, where the case was argued yesterday Al con-
siderable length
II was urged on behalf OF the Board OF Education
that the Board is organized under the Of the State
and has full control OF the public schools and the pub
lie schoo system OF the city and possesses the powers
and privileges of a corporation the possessing
porate existence; IL has the power 10 dictate the
money required to discharge its obligations
and duties aud the exclusive right TO appropriate II
Ia the performance OF its proper and legal
functions In opposition It was claimed that
the order denying mandamus In the kilian case was
correct and should hold in the present case; that no
provision OF law be found which authorizes the
Comptroller TO deposit or the Chamberlain to receive
gross sum for the Board OF Education that the Comp
troiler was wholly powerless draw such sums from
the city treasury; that the Chamberlain would not be
authorized TO receive or keep IL. and that such a
method OF providing and keeping funds for the pur
poses OF the Board OF Education not authorized by
law IL was urged further that II the OF Kilian
was incorrectly decided and the provisions OF tho char
ter requiring all moneys To be paid out upon vouchers
examined and allowed by the Auditor and approved by
the Comptroller apply to the payment of bills Of the
Board Of Education, II follows fortiorarl that tho
scheme OF requiring the Comptroller TO deposit sum
Board OF Education Is not admissible Ii was argued
IN conclusion that the order Of the Special Torn should
De anirmed. Alter hearing the argument the Court
took the papers Tor examination.
SINNOTT AS MARINE COURT JUDGE.
The appointment by Governor Tilden OF james p
Sinnott OF the Justices Of the Marine Court
I'LL the vacancy caused by the death OF tho late Judge
spauldng, does not to meet the approval of the
present Judges Of the court At a convention OF the
Judges held yerterday, this conclusion embed ed
in the following pronunciamento, which explains It.
self
Ar TnE COURT House.
In THE CRY OF NEW YORK, March 80, 1870
The Justices OF the Marine Court OF the city OF New
York being on Tuesday, the 2Sth inst duly assembled
In convention and acting Court James !. Sinnott,
Esquire, personally appeared before the said Court
and claiming to have received appointment and
authority from tho Governor OF the State of New York
TO be OF the Justices OF this Court in the place
and stead OF the Hon. Alexander Spauding deceased,
requested Tint he be assigned to judicial duty in pur
suance thereof Now II appearing TO this Court that the
SAID pronered appointment is not by the advice and
OF New York, we the undersigned the Justices Of the
said court, having considered the matter, OF and
declare II as the opinion or the Court that the said
posed appointment and authority without the effect
and force OF law. In such the present. If His
Exceliency the Governor has official power by law
10 I'LL the said vacancy without the advice and consent
OF the Senate, then the evidence presented by Mr. Sin
mott bestows on him not the outward signs and
symbols Of the Office of justice OF this court
even to allow TO be said that he is Office by color
OF title
Therefore, the said OF the is evidence of
nothing pertinent to the claim made by Mr. Snnott,
and this Court thereby receives power TO assign
him 10 duty, for which judically decline 10
acccde to tho request, upon the evidence, as made.
GEORGE SHEA, C. J.
HENRY ALKER
DAVID McADAX.
G. GOEPP.
JAMES b. SHERIDAN.