New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-03
duties would be said TO exercise

performance Of his duties would be ssid to exercise
jsdeil powers
The fact that precedent can be found for a writ
case hike the present. lie entitled to much consid
eT6tiep.
A siunilar power Of removal upon charges, has long
EXISTED in the cases of SheriGs Coroners Coloty
Cerks Registers of New-York, DC. (R. \. l23, acc.
a. This power is conferred not on the judicial, MT
on the executive arm. Yet no instance eau De found
where the courts have attempted 20 supervise the u
risdction acts Of the executive IN such cases.
Although he only remove charges aud after
opportunity has been given to the officer 10 be
heard in bis defense, his duties have been
deemed JUDICIAL.
Yet the same argument which would sustain nr
sanction this proposed writ 10 the Commissioners,
would sustain like writ to the Governor 10 of
removal by him.
So .eri,orayl could Issue 70 the Senate to review
ats action in the removal of Judicial Officers. COns.,
Art. 3, Sec. H.
The Con siituiion has declared the character of acts
oil this nature by vesting the power in the executive
and legislative branches of the government.
.. The Legislature have in the several police acts
OF 1876, 1853 and 1857 evnced their deermin SION 10
rest the largest discretion in those controlling the po
lice force IN the matter Of removals The rules aud
regultoDs for the more proper government and DIS
eiplne OF the subordinate officers be ptescrib ID
by the superior officers The qualifications, ename-
ration and distribution of duties, mode Of trial aud
NOV from Office Of the force, to be defined and
prescribed by the Board.
The slightest breach of the rules and regulations
prescribed by the Board ia of removal. See. s.
odhu uct Oh icJf, IeOpie hg'. w Grner, = DEMO.
8. In those where the Court have the power
TO award common law ccrtt0rGrf 1T rests in their dis
erection TO grant withhold it. II is never writ of
right but OF grace, except 10 certain cases when de-
nahded by the people. Seldom granted when the party
bas another remedy. rs Wend 1873, 206; State agt.
Anderson, Coke IN j. k. 1913, Suf. Election; tx
pare Adams, Pick. %, refusal to perform mil. duty;
Inbab. Of Erection agt. County Commss., 9 Pick. 40
This is not case in which the precedent should be
established. The Board would be seriously embar-
raised ia the discharge of their duties and their acton,
10 essential TO the safety and security of the citizen
would frequently be paralyzed if each appointment
and removal was subject to review by the Judicial
tribunals.
l. The afidavits show that the applicant for more
than month"; set at defiance the powers and authority
Of this Board and this after the under which the
Board was organized had been declared aud aijudsed
constitutional by the Supreme Court
They sso show that written charges were preferred
70 said Board against him. and tina, he was allowed
opportunity of being heard in his defense.
The applicant does not claim that the Board did not
have before them proof of the charges. and of the time
AID place OF trial.
S. The question Of jurisdiction, can alone be
raised common law certiorQrs People agt City Of
Rochester, II Barb. $50.
Even in of infenor Courts the Courts will in
tend in favor Of certain acts essential to jurisdiction,
unless the contrary appear (See the cases cited by
Coven, j., 81 Wend. p. AZ.
Mr.. Sherwood followed in rejoinder. Decision re-
served.
COURT OF SPECIAL sEssIoNs-Ausust before Justice.
OSBORN and WELSH.
The rst offender on the list this morning was David
the past SIX months various article. property Of the
value Of $50 49, the complaint Of Jabez Thckbroom No 10
plsinsnt and was caught in the the tne while
another and older head acting receiver of the soen
sssins. the receiver cS Of the property
William Hines was charged with assault and battery,
the 18th of July his wife, Mary Hines No 5S5 Pearl
street shown in the have assaulted siary
to he ssins constantly drunk AID that did nothing to
port bis family while the Court recognized him who had
heeu nm 10
Sin liquor when he committed the unsan battery upon his
out Of him. finding him guilty, him The Pen
tentsry for two months.
James Brown was aTagned for assault and battery,
the 29th Of July, Catherine Brown No 3) Roosevelt
hitting her in the mouth Found guilty. aud sentence
William Sweeny and Duncan Campbell, boys, were
charged witt. stealing the ii Of July silver coin from
William Dugan araigned for assault aud b ittery,
the 3Oh Of July Rose DugsD No 9 Hester street. with
HE fst was discharged, witnesses appearing.
Michael Mcllvaine arraig ned Tor assault,
street The with presenting loaded pistol
the cOmplansnts fave aud threatening blow out Lis
brains The evidence however did not quite with the
allegation. The defendant convicted and fined 80
Patrick Nelly james ;, Legal rsrGs S S%6 and
conduct the isth of jolly the complaint OF Wsm Nc
ouoid, No e West Nineteenth street Convicted and
John Buns and George Matthews, arraigned for the
a John Ss sf IL 3 a ss
were eschs eed for non attendance Of witnesses
"
ock valued from James Feoce of No. 453 Hudson
street. put over 10 Tuesday.
Charles Schneider, charged with assault and battery
the 18th Of July Conela Sharp Of No las Elm street.
was found entity sad sentence suspended
George w. Royal colored, and IL years old re-
markaby looking young pleaded guilty stealing
the 18th Of July silver spoons forks napkin'rngs gravy
ladies' gcset plated tablespoons and other articles valued a.
The defendant and the neTce''on OF the
Lewis Arden charged with stealing, on the 29th
If July about forty pounds of valued at 50 from Henry
Mel
guilt quite Clear the complainant mad not
only asoesned the loss Of his BY means Of ceran pr
PENDANT found the his possession. Convicted and sent
to the pcnitentary for three months.
Angelne Dunn, aiTaigned for assault and battery,
the h Of July charged in the complaint with her hist
street Second and Third discharged
witnesses appearing.
Henry Corbin colored was arraigned for stealing,
on 18th &C July quantity Of cotton valued ct On the
Of Clinton street Convicted and sent to the Peni
Tertiary for three months go
William Fitzgerald was charged with stealing, on
the S0th of Jnly basket OF potatoes valued at from Leon
ard H. Gsop No Second Found guilty and sent 10
the Penitent.sry for three months
ChArles Van 0rden and Martin Sears were ausigned
for assault battery by affecting the character policemen
on the 2sh Of July about o'clock in the morning oa Patrick
Neey No. 29i West Thrtysecond street The detendn
had ali the appearance q belonging 70 thu order OF fast young
men" quite well dressed and carried the faces OF ripe
effort made 10 their dis
ehere the representation that they would be immediately
taken fsom the city aud shipped for But the Court
inclined be skepoa ~ their promises to leave the city
aud 20 to aud finally concludedto find them guilty and
remand them prison. TO await shipping orders When
"yo1 bring your shipping articles said J9,: Osborn
will discharge and with this consolation the Young
rowdies walked into the City Prison
John Dolan arraigned for assault and battery, on