The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-20

THE street Commisslensrshlp and the judi
ciasy-Rssgu II Anarchy.
The reports of the legal and illegal proceed
ipgs of Saturday in reference to the contest for
the Office of Street Commissioner are not calcu-
lated to inspire much respect for the judiciary or
public confidence in the nowadays version of
"the law of the land" On the contrary. they 90
to show vscillaton, pusillauimity and want of a
respectable share of legal learning on the part
of come of our Judges and, besides, far too much
sdaptabiity on the part of the law itself to sus-
tain either side OF q c0ntest-now to support one
principle and now an opposite principle, and
finally to involve questions in such a maze of
contradictions and Inconsistencies as to battle and
confuse all true notions of what is law and what
is not law. The Street Commissonership ques-
ton has become 30 entangled that it is almost
impossible to say how the matter stands, or which
side the issue is eventually to favor.
The proceedings in the courts on Saturday, in
reference to this subject were of an extraordinary
character. Judge Peabody, it will be recol-
lected, had, some ten days ago, decided, on an
application of Mr.. Couover, the Governors
appointee, to compel Mr.. Devlin, the Mayors
appointee, to deliver up the books of the Street
Commissioners Ofice-that the first named gen.
tleman was the legal incumbent of the Office, aud
that Devlin YVES a trespasser. In other words,
he decided that, in spite Of the provisions of the
new charter, the power of appointment lay in the
Governor, not in the Mayor. Notwithstanding
this decision Devlin continued to hold the Office
and retain the books, which necessitated the max
ing Of supplementary application to the Judge
for warrants, first to arrest Devlin and second
to search for the books, maps and documents Of
the Office. This application was interrupted by
the issue of a writ of certiorari by Judge Davies
the necessary legal effect of which was to stay
all further proceedings in the matter on the part
of his associate Judge. 1t would seem, unac-
countable as it may appear, that Judge Davies
was not aware of the inevitable effect of his writ
of certiorari, and did not intend that it should
stay proceedings; and, on being applied to, he
gave sort of judicial certificate to that effect;
just as he originally granted an Injunction to re-
strain the new Police Commissioners from taking
any action and then modified his injunction, first,
by allowing them to organize, and second, by
county. But Judge Peabody paid no attention
to this certificate in the nature of qualification
of a writ The writ itself had a certain character
and force inseparable from it, and that was, to
cause suspension of all proceedings in the mat
ter. And so the warrants applied for were refused
In this state of the case application was again
| made to Judge Davies to annul his own writ of
certiorari; and although the facts and circum-
stances on which it was originally issued were
unchanged in the slightest degree the application
was granted aud the writ of certiorari .quashed
This action removed the impediment to the issue
of the warrants applied for, and accordingly they
were Immediately signed and placed in the
hands Of officers fior execution. So much for con-
tradictions and inconsistencies on the part of one
Of the Judges!
But, in anticipation of this course, another
legal proceeding had been instituted to protect
the property and rights of the city in the books
and Office of the Street Commissioner. An appli-
cation had been made to Judge In
| graham, in the Court of Common Pleas,
on the part Of the Mayor and Commonalty of the
city, for an injunction 10 restrain Conover from
removing or causing to be removed the books,
maps, records, documents, and other property aud
papers belonging to the Office. This injunction
was granted and served on the officer who had
charge of the execution Of the warrant. He ne.
vertheless persisted in bringing an instalment Of
the books and papers into the court where Judge
Peabody presided, but at that stage further ac-
ton was suspended under the warrant. In
the meantime Mr.. Deviin had been arrested
and lodged in Eldridge street jail, where
he still remains; and his deputy, Mr.. Turner,
had been elected from his post. 1t is by no means
unlikely that Mr.. Couover will be sent 10 keep
his rival company in E!dridge street. as Judge
Ingraham may and ought to commit him for
contempt In disobeying the injunction.
II is to this precious muddle that the manage
ment of the Street Commissioners Department
one OF the most responsible and important in the
city governments reduced 1t is all chaos and
confusion, and claehing of authority; and
Of course all this time the grave
interests Of the city, as connected with
that department are neglected and sacrificed.
The new charter itself-tbe work of partisan
ACKNOWLEDGEMENTS the right OF the Mayor
and Aldermen to appoint all heads Of depart
ments, so that the present state Of affairs in the
Street Commissionership matter is not even at
tributable to On unconconstitional law. as is the
case in respect to the police. The ground on
which the Governor assumed the appointment
to this Office is the merest flimsiest and most
shadowy piece Of special pleading that was ever
employed to give color to usurpation. Il is
briefly tbis-tbat though admittedly the power
of appointment of heads of departments is vested
in the Mayor and Board of Aldermen by the new
charter, yet IL was specially provided that the
then Street Commissioner, Mr.. Taylor, should be
allowed to complete his term OF Office; and that
because bis tenure closed not by lapse of time
but by death, tie power Of appointment is not
vet onprative in tho MAYOR and AI1o~.ro,,