The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-09

possession, Ne or control MN carry
the republican and Know Nothing parties 10 their oeecpes
pockets and il will be equally potent democratic hands
Hence the IDEAS set made st tbs os by tda back rep1o
hcan leaders. Ipday tsere viii doubtless be new phase
to their fight.
THE INJUNCTION CASE BEFORE JUDGE
ROOSEVELT.
SUPREME coURr-sPsCIAL rsRm.
7ae Noypr, Aldermen, DC, OF Esw Yort rs. Batt1 D.
Csorer This Gaze resamei II O'Clock yesterday
morning 1t s motion for Injunction 10 restrain the de-
PENDANT from interfering with the books, maps, papers,
&c. OF the office Of Street Commissioner. which office Is
held by Charles Devn, under appointment from the
Mayor, approved by tho Roard OF Aldermen.
M Busteed, the par, Of the Corporation, offered to
introduce additional affidavit by CHARLES Desin This
opposed by Mr. ned, but admitted under exception
of counsel II ia ~ ioliows:-
AFFIDAvrr OF cHARLEs DgyLIN.
Cty and County Or Nel1 iors, ss-Chares Ievin, OF
vsed and believes ba the Governor Of the State Of New
York had legal power night To appoint Street Com
missioner ior me c o s,,S ne paIe s osepa
the paper called an Official bond, which the above
named Conover alleges that he filed with the Comptroller
Of the city Of New York; and that tie same has never been
approved by the Mayor Of the city Of New York,
as deponent has been informed and believes;
ths the same bears no ceriscse Of approval upon t.
that In the proceeding by the said Coooer before the
Hon Charles A. peaody TO OBJ ain Of the books
and papers of said Office tho said Conovcr by his nsc
y,
prove that the Mayor had purposeiy prevented
said bond being presented 10 him for approval That IN
the same proceeding Aarah 1agg the Comptroller Of
the city Of New York. called and examined as vii
in behalf Of SAIL Couover, and in substance
that he had not fled said bond as an oa, bond but re-
ceived AMI endorsed II 10 show the date Of such
receipt He also swore that ho did no; recognise
either Conover or depouen: az the Street Commissioner
That deponent further saith, that, he has been in
formed and believes the said Conover the 18Th day of
June last presented hmself al the rooms usually
pied the Street COMMISSIONER department. aud claim
cd be such Street Commissioner, but deponeu,
been informed and believes, be was not recognized as
such. That when he nrst made ouch claim, and at oil
times Afterwards, until deponent. by his appointments
by the Mayor, with the consent OF the Board OF
Aldermen, entered upon the dudes OF the Office
aforesaid Charles Turner was the deputy Street
Commissioner of the city of New York. and, SUCH
der the ordinances Of the Corporation Of the said city
duly authorized 10 perform the cuics Of street Commits
s0per until the vacancy Toned by the decease Of y
or filed by the proper authorities. That SAID Turner
utterly refused 10 the Aforesaid claim Of said
Cnover snd discharged tho duties Of Street Commissioner
aforesaid until depouen, entered upon thai Office De-
ponent further saith that this deosnent has been reco
nizod . the sueei Commissioner of the city OF New York
by every department OF the city government unless be
ponent does not admit CHARLES DGyIIN.
sworn before this sth day OF July, 1897 ~ 5rsw.
All, Commissioned Of Deeds.
Mr. Field put in and read the following
AFFIDAVIT OF DANIEL u. coHovRn.
Daniel H. Couover, being duly sworn ssitbOn this eth
day OF July mat Mr. Jasuce Peabody has decided the
application made 10 him by this dePooent to compel
pertaining 10 The street Office, and by h
decision has determined that this deponent the De o
Street Commissioner, and has ordered xr. Dcvhn 10 de-
hver TO this deponens she said books and pAvers
sworn befoye July 8 1851, y f. s,s~Aks, commIs.
sioper Of Deeds.
orENIS9 ARGUMENT or NIX. BUSTED.
Mr.. Bhs,ecd in his opening argument for tue injunction,
made the following poinv;-
l. The complaint states good ground for granting in
Junction.
(o) The rules Of equity applicable to restraining
trespsss capable OF being Iedresscd Ivy pecuuary da
images 10 hot affect ike this the removal Of
the property from the possession Of the plsulns would
produce injury for which no adequate compensation in
damages could possibly he made fSevens VS.. Bcekman
j, j. C. r. 3ls; LIVINGSTON vs.. Livingston, y, ib 49T; ~
J. Printing and Dyeing istab.thmen, Fitch, Paige,
corporation co. Of New S YORK, ~ %; Hudson and
Delaware Canal Company VS.. New York and Erie Compa-
C) me decndan, does no, deny that he means Ia oh.
taG the books, ~ in question, possible TN the
trary, he expressly alleges right to them and n,eo
ton 10 procure them 10 vr ne OF such right
e. The tendency OF the application before Judge Pea
body does no impair the right OF the psntis IN this AZ
Of Office for such possession OF the books &C., belong
ing 10 IT, either Of them may be entitled 10 bsve
iessedy the title To the Office cannot Dc settled in that
proceeding
(b) Reviewer the learned Judge NAV decide that matter
the Adjudication cannot Affect the rights or the Plaintiff
Who WIRE not par les to the proceeding,
(c) The books, nc In question the property OF tho
PLANTING They publc records only 10 the Of
their being by law beet the inspection or the pablo
si certain times and for certain purposes eus the title To
them, subject 10 such Use, is 10 The PLAINTIFF
Tbe def ndsnt 10 no, street Commissioner Of the city
IL New York.
(a) The reason. this proposition contained In the
prints submitted 10 Judge Peabody IN bsba OF Mr. Devn,
opinion or DEMO- C. j. in the Police case TO the power
OF appointments
tS The AFFIDAVIT Of Dcvn shows that oooover ss. never
conf led with the requisites csssnis 10 invest him with
the Office In zoe sflon.
An injunction appropriate remedy uoder the cir.
psny VS. Ryder ~ j. C. X, eli; Dcia6eld State Of I'M
uos rs Ward, te2 The Attorney General The Cohocs
COMPANY Paige, 49, Auburn and Cato Plank Road
Dcushss, IL Barb, 553
THE METROPOLITAN POLICE CONTEST.
GEsKRAL ryE IN THE rIKLD AsAIN--ALDERsAs
Wilson's COMPROMISE rRoJHcr-fHosrgcr or
yHa OLD yORcs BEING RgIHsrA rgD--P aOrosgD
SURRENDER OF STATION BousEs-oosrTnoLLEs
FLAeo rAys AaAiE-AfronTnHSrs, SIC.
General Nyc having returned from HE orMoricai cSpc
ton into the bowels OF the ard resumed his place in the
saddle a. whie street, yesterday morning, Al an eary
He found the ship Metropolitan District driving last
10 yard, and the imminent risk OF bsug forth.
with. The helm was put hard down al once, aud the
White street lsunch hes cd Storage somcwha, al
ready Nothing further done by the Board the
Of Cen Nyc, than rubsshy q the sppc,
tons for place under the Board The Gensr, has COZ
trscicd for certain considerations TO abandon his occ
OF the Exchange and the practice Of his procession
for the exclusive business Of establishing the police
system Mr. Draper must Of course, sell his stocks aud
does nothing the police line than preside a. The 10
cdensa meelrgs, for putting the legal nnsh upon bus
already discussed, cut and d. led by Nye and whichever
Of the Board have places on the committee list.
Srapsbsn confines his lusive attention 10 Brooklyn.
aud good naursd accommodation Of the other mcmbers
of the Board all matters outside OF that city Bowen
general silent partner In most that IA gotrg espe
clsy the exponent OF the backer sor, Of Niger
pubhcansm. Cbolwell Ia too dhgenl business 10
be ,oo absorbed 10 the fortunes OF the Board Hence
Nye the man, and hence In bis absence there
progress 10 report from White street since his absencc,
esoept the progresses OF Mr.. Draper and General Hall,
beiveen Nh 1erTy street aud the B3wery.
Yesterday the programme touched upon presents
rerenthesis nom tins until nj Vt eIectop. The sta
on houses rcsoinng the old force, police map the
tprecnc', buildings for Witnesses c0mpleon % tho for
bas bad es and ballot boxes we're all passed upon
rith despatch and decision which speaks With spsCia
ni..arc M tho Hank ra.-..aL...n