New-York tribune., 1884-12-27
u-por hAwRrNcE ENDS THE iNJuNCtios

Justice Lawrence IN the Supreme Coni
Chambers yesterday dpnlpi thp muton tu continue me
temporary injunction RECENTLY Granted hi jisilee Aw
itpvs r.siirnne ~" Aldermen trm performing thps
oiral duties rallns ihr apiin nrHHs asiinsi thpa
br i4 uNbi bsarl of AM.tm-n" 10 determine ht
question 90 ~ Niph Biiri vas prillil ir ihe uhiee
ihp suusi inppuf VA decision b. as rh"vai
thls % aRaalinH 10 iha NiiNin w. ri1 N'HtNif. ~
ava n . ehapilf bil anl inn amendments % sad
Ael iAssrl iHnp a. 'iPi thini flf Ni nr lave n!
thn laws ui 1875 aih rhalter ila OF tAe iiNsui ss3
may ie al tiWigri unconstitutional ain fpi' lhst 80
Cill of AeN.h0ib may boz onsini aHd ummrd inm TIA
.les N',h ' , 'i"t =" '', M tsae Zen ,,a ~
them is cutitiod tu tho oice ot Ai'fAa and To iha
rights, franchises, privileges, and enoiun''nts thereof,
Monday OF Jannay, ls-5, and uiat the plaintiffs
rights oc D. restored 10 the sd rcaor, and that the
said rrlaors are collectively and individually ennti"l~
ing to the Common Council OF the Cty O Nrwlolk aud
have been 80 e,itod since the ira Monday Of January,
S,5 The claim Ol the relaOls substantially Is tht the
provisions Of chapter l37 OF the Laws of SO ~ amended
by chapter j7i Of the aws o >1 till m force and
Were IN force on the 1th day OF November 9,@ at wich
time the REALTORS claim that ihey were elected rcspec-
ions act, the OF two year, the hrss
Monday OF January, s53 The complaint ~ the action was
verified I'D OF January, -si. ana the action APP
pears 10 have been commenced on or about tht time
The proposition that all the acts relating TO the election
OF Aldermen the Cty Of New ora passed 1873.
one and OUGHT NOT To he by Jgstice sitting
at Chambers unless 1t il perfectly apparent that there
has been clear and substantial departure from the pro-
visions Of the fundamental law.
In this specification j. made ia the complaint
OF particulars which IL Is claimed that The laws ia
question in conflict with tho Constitution, the sinpo
allegation being that the said laws. ad each and every
one OF tue amendments lI'ictv' "IN ~ s'i's
In violation OF the laws and u,ages o'tnc Land and void
In toto. Bearing In mind that every presumption - In
favor OF the cOnstitutiOnay OF acts of the L"Xslare,
and that an adverse or doubtful construction Is
not sufficient IL justify the Court IN holding
them to be In conflict with the Constitution, I
mining that the acts which are referred 10 IN the COM
plant in this action are IN conflict wth the Constitution
the state particularly in View of tho fact that the
latOrs have slept long upon their rights. III rights
they have and have not sought to restrain the eiend-
ants exercising the powers ana performing The du-
ties of their office until just before the zpration Of tho
term for which the defendants claim Ia have been
elected But IT IL not necessary for IA dsposing OK
this motion, to determine whether Suc acts are or ao
constitutional nch the relief which Is sOuglt
upon this motion j. order for injunction resran-
ing the defendant in substance from doing any act either
collectively the Common Council OF tie city, ind
ydually Aldermen Of said city. understand the law
To be perfectly well settled that In an action In Ito
in this State ped lite restraining the party in posses
sion OF the Office from exercising the functions there
Afterreviewng at length the bearing upon tho
| question. Justice Lawrence concludes
From this review the cases bearing upon the right
q preliminary inJuno ton restraining the incumbent,
pending the suit from exercising the functions OF the
Office Ia dispute. it will be thai such njunctons
have been uniformly denied by the of tho state.
II there Is thing III the case of Kerr agt Trego ~
Penn 292, cited by the counsel for the relaors
hcting with the decisions TO which have referred II
cannot, OF course be regarded authority by me,
For these of the opinion that no INJUNCTION
should be granted herein and that the temporary IN
junction heretofore granted should be vacated aud set
| aside.
Assistant Corporation Counsel wickes, after the opia
lon was handed down. entered order vaeatng the i
Junction with and denying the molten fcr is con
tinuance.