New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-06-16
The Maudam s.-Judye kent's OPsnses

DouW H. williamson. the TghliII conPttoe' ="
hi. CITY for process 10 compel the iiod-O'ei
claimant. \. \ saith, to deliver Up the book
and paper, belonging to the office. was read YES
,erdav \, The opening Of the Court. The decision
of tho s,,,rerne Court is declared to be binding
bn, ina.much as the petition does not specify what
naper. and books are 10 be gwen up, and a. the
somemr Cont has by order stayed the proceed
mo. nm the Mandarin. until it shall have been re-
sieved by the Court of Errors. Judge kent aI-
point. Wednesday, the ooh int. rs day of IN
1uiry d. to the particular boob. demand, d. Be
fore that the question will probably have been de-
cidcd in the Court OF Errors. The following 1. the
OPINION.
Toth, important application. Il has been Impossible tor
me- ~ 1--WE any at, uion, The clos ny Of argument
ne u nj of ,- tih Jnue until Yesterday, from lncesaut
occupation ia the Court Of oyer aud Terniner. The coca
too rave, and the argun.ns 81 The Counsel IN
rcng and resisting the application, able aud sato-
rate 10 aiHit OF hurried examination.
An application made to the Circuit Judge, under he
visions Of the Revised statute directing proceedings
20 compel the delivery 81 BSo,s ard PaJerf 10y public 9th
cers TO their ,rccc.or. 10 conn't 10 prison Itr,d 4
Smith for Withholding the books and papers apprrsinuc
70 the otbCe OF Comptroller OF The Cly OF New YOrh
from Don'r d. HrnsoH claiming 10 De hs successor in
the Office.
Mr.. williamson las produced before me the following
papers lat. copy OF Rrsouiicn, signed by Jo'ph
X Taylor. a. Clerk Of TIE Common Council. purPoring
To appoint Dow ID Williamson o. he office Of Compton
Ter N tn place Of Alfred 4 smith. removed"
2d copy OF ihr oath Of Once io1en by WI amso1 IN
Board 81 Aldermen. and Judge OF tie Common Pleas Court.
wo os that tie Mayor then PR vented by
caue fron attend ng to the u OF h. office. and taken
second tTe on the ~ OF June, before The Recorder
- certificate from the Clerk OF tie County that the
original oath on file ~ b, Office
9Th c-rshcae from tie Chamberlain Of the City. thai
Nr williamson has lett with bun his bond ia the pens
Of $4,000. conditional ,r u.e faithful discharge OF III OH
cal d0ty.
jiiL A copy of Commi.. on subscribed by Nr. waod.
hull President Of the Board OF A. men, and under hi,
seal appointing Mr.. ilamssn. Comptroller of tho city
9Th , notice To- NJ Saith from Joseph r. Taylor,
CLERK 81 the Common Council of The removal s Mr. Smith
The claimant then further prove. demand made by hun
on Mr smith for all books and papers n hs custody as late
Comptroller.
In re.,inl the application Il conceded on the part Of
Nr >mt that h- does wliihuis the book snd paper, but
ienr. tia; he ia. been removed from oce-deucs t'i
Williamson s, been apponied. and place. h, nights ~ o-
p'non on he same grounds, "hch appeared beiore u'
Supreme Court tie late argument Tor the nandsmu' -
vel a. on other grounds, which ] VIII notice below
A. far 49, the supreme Court has passed upon the points
raised argument before me- regard the matter A. 80
judIcaa That the decision ~ the >nreme Court Il To To"
carried o. the Coau for TIE Correction Of Errors VIII ~
ce,r attention la ,ub'equeni part o these rrm1rk WHEN
the msde IN ~bch process ,sll be issued but
the reht and the aw OF the a.. are settled 'oT me
The supreme Cour ba, decided that the nine Aldermen
and Assistant Aldermen who have acted In tins matter
0comttue legal Boards Tor the Transaction OF business
and that tie Clerks respectively appointed tor each branch
nj the Common Council were duly appointed b'yonsh'
,l,ci. or cannot ook.
the Stalhe great c0firp ling IN the administrator
jucs and unless - universal indications are received
the lac II The Lnd shall be without law aHdbc thrown
IN otter anarehy and confusion AMI WINE such th' we"
with which III nix the whole community shou regard ~
of the Circuit Judge who II s'ubordnae officer, u ali
otheIs tue amenabe 10 It's authority, and tie mot
boupd To obey ard execute it, decisions,
What j, cfc-, II = defined to - right to exercise
public uocoa or employmeIt IN which the people have
interest II uerc mere any rule or principle "hoh re-
,rcied hi, general definition, applicable TO the prss-
sons oi the Revised Statutes, find special direction, IN
law, which nnequo cay to declare the Comp
tro!ler be- officer within tl.er meaning lie ssppont-
ed indeed 10y the ouon Council and as their officer
movable their pleasure and neither The name "f bis ONCE
nor the mode of s appointment appears in the statute
But the Common Councils OF cities are particularly men
toned H. - p. ll6. sec q: and In ,ection almost I'm
msdaely tolloving-section shit declared that AL
assistants deputies. and other subordinate officer, OF every
descrpi.ou. whose appointment OF shall no be spc-
cay provided of shall he appointed 10y the body. beard
subordinate" Ry What us principle Ut consruc0n can
lie held not t. prehenj by
York, ISee also section -. vol l. p. ll8
The provisions. therefore, on which M application was
founded do opinion embrace the Once OF Comp
irosr OF tbs city OF New-iOrk
But az. ued. with great force that those enact
men compelling he delivery OF books and papers are
applicable TO The present case hrp II appears as wa'
conended that Mr. Smith the officer de faeto, While Mr.
ismson is at most only the Oficer De Jurf.
In strucon OF the Statute, agree with the Coun-
sel tor the respondent
The statue compel, only the delivery OF boois and pa
p,s" The very frequently the six sections
nf Article 5l, bot with ANY additions variations OF
prsseoogy, ~heb authorize The compulsory delivery OF
he Counsel on both hat C.cg Judge
rnded 10y this Statute 10 be invested with The power Of
vng The fifie to ofcr The old aud well know pros
ng. Dy Quo arranto and Nandrpus, The peculiar and ap
proprae modes Of determining The night to Office are re
by ihc regular Ibu6as Of srnerd jurisdiction that the
process, under thee "rt' are 10 be- coudgcted.
Win tie i-h 10 Try title then an not nveHed, ard
Loci .. ilfl fls f..,f
tc Onls. Tins J, conceded. AMI indeed il als9
cedef by the Counsel ltsi NJ compel the delivery OF
public property other iian books snd ascr-nor the
gra oi Office Ike the ,a-nsr the Office .eli, mranrg
10y the the local rablstion" Of the removed
oictr which frequently appointed 10y law These def
cence, may be undesgned, but apparent ard IRENE
dable defect, IN the statute and hence, was struck on the
umrni 10y the force Of he remark, that while hs papers
may ~ delivered TIE pubic room occupied by Mr smith,
not br dcfrrrd over IN possession 10 Mr williamson
nor application - made y the Circuit Judge alice
ting those ,uborlinsi, ofccrs ~ the Common Council
such wschpen Tor mplc-WLo hold properly tbs
Corporation indeed bot not book par.r. ! not
compel the Treasurer OF The CITY 10 deliver over money
The proc pointed osi 10y the statute Is ejctnn
fyicH o. take property. but strictly limited
the objects ae,gaa.t Tie sbscnoe OF farther powers
may be regretted, but theJ ~ certainly absent
still to the Comptroller oihe CITY lie boSs. and paper.
are The most material, asd amo, the only possession: Of
hs ocr u be announcement remove them. but the
place WHICH h,sy shall be renewed j. not essential
But IA Inc most mPnrs point do not sgree with the
counsel OF the responded or ral1r u the ca before me
consider uLs'' iie ec,on NJ ne supre.e Court, Mr
Williamson lie shceT de factO. And appears
be tue case coming within The 18Th section, providing
Whenever person shall be removed from office. he
shall demand deliver over 10 b, successor oil the books
AMI papers i, cu,lo, such officer" Vine the ot-
ds aels IbsFe not tie rbt ~ enquire look only
the osien.lblo tide,
regard the statute ,rnedal ststne-not restricted
counsel contend tothe ~ben person hsVsg fully
entered into b.. oicc-esen The locally progdsd for the
81 his busIne>s-End> Of tis papers
book. tskrn away by BIS predecessor. The mske
general s9pl Gallon IT IL provisions csa
he article I'LL = crrtttd IN The with the
te" procdHss 70 compel sss Ilr,y of books pop,rs
BY Public OfcerS 70 tteir Sacce"sr,.h
y nisr such considerations, warrant must BE- granted,
allsr prrimusr enquiry shal be had before me- the
necessity, gEr was conceded 10y the counsel whs opened
the tor itr CLAIMANT. and IN fixing this
inquiry have endraNcrcd - adapt tie performance duty
10 tie ,Ii,iIa. circumstance 81 the case.
The stsIdir, 10 directing warrant Tor Commitment 10
prison, doe. not clearly point sgi hs mode OF rchlrCe OF