New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-13
La " LNZ,ELLIGENCiE.

v....e......-......e
Law INTELLIGENCE.
THE STREET COMMISSIONERSHIP.
SUPREME CoURT-cHAMBEss-JULY ll-Before Judge
DAWES
At IL o'clock on Saturday, Judge Davies took his
seat in the General Term room TO hear the motion OF
the counsel of Mr. Conover to quash the writ OF GER
torari granted by him Friday, taking the subject
matter of the controversy involving the Street Com
missionership from Judge Peabody, and carrying i.
into the General Term on the ID of September Mr..
Field, in behalf Of Mr.. ConOver, moved that the
certioyari be quashed.
Mr.. Busteed said that, in order to meet the motion
Of COUNSEL be would Gsk an adjournment OF the boar
ing until Wednesday next. He assigned as reason
that owing to the fact of his continuous engagements
cor neced with the question Of the Street Commis-
sionershp and the change in the Police department,
he had been unable to prepare himself 10 answer the
motion which had just been made by Mr.. Field. Ii
other reasons were wanted be suggeste that the mat
ter pending before Judge Peabody involving the same
question had not yet arrived at Its CONCLUSION 80 lar
as its final determination was cOncerned-that Justice
only proLouncing his judgment upon the eppncauon
Of Mr. Conover to get possession OF the DOCKS anu pa
pers of the Street Commissioners Office. Upon that
udpme nt an application had been made for warrant
TO be served by the Sheriff Of the County, in order
Il at the premises used the office OF the Street CON-
missoners might be searched and the books, papers,
&c. be brought before Judge Peabody, that he
might determine who was entitled to them, pending
the issue. The decision upon the application was 10
be made on Monday morning by Judge Ieaooqy ,h hn
Mayor. Aldermen ard ComnOnalty against Mr..
CoEover, and temporary injunction had been al
lowed by Mr., Justice Roosevelt, and on motion 10
show cause why it should not be made peiPsyual'
Judge Roosevelt had adjourned decision until Tues
day morning So that they had now three coacuirent
powers of the same Court in absolute MOTION IN
the same 'e eSpet between these
he thought it would be well to adjourn the case 70
WedI esday.
Judge Davies-I supposed las it so appeared ffom
fhe papers presented to me yesterday .that Judge
Peabody's duties were discharged and ended when
allowed the writ Of certi0rari.
Mr.. Brady-So they are.
Mr. Field-But Mr. Busted says they are not.
Judge Davies-If | understand correctly the func-
tons Of the certiorar il is tOremOve such proceedings
from before the quasi tribunal TO the superior tribunal
Tor review. With the application f9r the allowance
OF the rrH there was an application for stay OF pro-
ceedings. This refused, because thought Il was
improper. allowed the writ to bring up proceedings
to the General Term for review. If the proceedings
are rot terminated, think it is Of no import.
Dir Field said that while he discaimed the slightest
desire OF intention to mpute TO the cOuns, the least
design to msead he would say that 1t was perfectly
appsreIt that both Judge Peabody and Mr. Conovers
counsel were misled by the statements OF the counsel
after the granting OF the ceTt9ras by Judge DaYes'
there had been such refusal on the part OF Judge
Davies, and go Judge Peabody understood II. That
was not ALL after the certorart was brought IN ana
served OIL Judge Peabody, and argument OF at Least
and hour and halt! arose as 10 whether the proceed
irgs before Judge Peabody were stayed, Mr.. BRADY
taking the ground that they were and that the arm OF
that Justice In this matter was parayzed ana ne al
jOurned further proceedings to determine whether ne
could after the serving the writ Of certordTt proceed
to Sign the warrants. Thus it had been that Judge
Dawes action had parayzed the action OF Judge Pea
body until Monday next, in the execution OF sum
mary process He Mr.. Field did not believe that
crtiorari was intended for these acts, and he could
prove that he presumed, to the Satisfaction OF the
Court. But whether il was stay or not If properly
granted was important question, and he presumed
the Court would see the absolute necessity OF dsposns
Of that now.
Judge Daves-If there has been any misapprchen.
zion, perhaps it would be well to decide that now II
il was supposed that the certlorar was intended 70
operate as stay certainly did not SO intend u:
Mr.. Fied-T6at was the understanding which the
counsel for Mr.. Conover had 49,. r,.n
Judge Daves-My suppOstion was thus; lhat the
proceedings being terminated before Judge feaDoay,
acting as Commissioner, it was in order to have re-
view of the matter by superior tribunal. supposed
il was in the discretion Of the Court to refuse the ap
plicaton fer stay Of proceedings, and exercised
that discretion by refusing. suppose can Is.isve
the matter Of any difficulty by makLg an ORDER that
the certiorar sha not be deemed stay OF proceed
Mr.. Brady-Do you NEAR. to make that order with
out hearing US 81.
Judge Davies-That being my intention in granting
the certiorar thought make the explanatory order
now. But lit desired TO argue the matter WILL hear
your argument. ;.
Mr. Brady--But the r'oton pending is to adjourn.
MIR. Field-The Court may either grant an order not
sta ing the proceedings, hear an argument on our
motion to quash the certiorar. Ii makes no difference
to us which.
Judge Davies-I will hear Mr.. Brady upon the mat
ter Of granting the explanatory order.
Mr. Brady said he should insist that Judge Dawes
having allowed the r,1t he was fHHctus cte7o 10 the
matter and that il was before the General Term,
and that he had now power to make such an order
as was proposed lie did insist, also, that no rrn
could be quashed until it was returned. Judge Ds-
vies can enter upon his minutes that an application
was made and refused for stay Of proceedings l
contend that all the JUDICIAL functions of Judge Pee
body terminated with after the granting oil the
order, and all that subsequently done was Puray
uinisterialy.
Judge Davies then issued the order as follows:
4 An order TO show cause this day why the writ
Of c,Stiorayi Issued in this matter, should not be
ouashed, having been duly granted and served, ana
counsel on both sides having appeared and argued,
il is ordered that the said writ shall not DC
deemed or taken to operate in any way 80 as to stay
any proceedings before the said Justice to WHOM
the criorari was ssued and shall not interfere IN any
respect with bis act discretion or with any proceeo
pps taken or to be taken in the matter OF the aPPnc
ton Of Dariel ID. ConOver to compel Chss DevHn "
deliver to him the books and papers OF the
missiOper's office. .a;,, "a
And ia further ordered that the motion penang 70
Get aside and cYush the said writ be sdjouin0o 'i'
"wednesday next, q. 10 o'clock q: m. .y,rs
\'*As"' Judge Of the eupgeme CourS.