New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-09
Daniel 4 sckLs =. in ,,taf OF the applicant. cub
I,1 liru-

II the claimant il in actual possession Of the Office and
is officer de facto be may have process for delivery to
nor a claimant Of it, lf title to the Office comes in
question at ALL his jurisdiction csas"s ipso fscto.
(Cowens Justice 49, note O.; ibid Al. az. 43; ibid iGi.
| d65-i69.
g II il quite manifest therefore, that Justice Pea.
body il without jurisdiction, and that he ought to di'-
| miss the complaint.
3. In al cases Of specific cbattes where il is prob
" able that adequate compensation by way OF dam
cages would not be given by jury, equity exercises
Jurisdiction both preventive and remedial lJeremy's
Equity JurisdictiOn Part 2, chap. sec =; Storys
| Equity Procedure sec. 709 and no: ] Watermsn's
Eden on Injunction, page 367 and 3GS, aud note TO
| Vame).
4, Specific relief in cases Of deeds and other in
" strumens in favor Of persons who are legally emit.
/" tied to them" is very ancient and well settled head
| Of jurisdiction. Ii is most important branch OF
"equty jurisdiction, and is exered in all suitable
cases Of public private nature in favor Of per-
sons entitled to the custody and possession of deeds
" and other writings tSorys Equity Jurisprudence,
5. This remedial justice is admin stored by of
the process of injunction Storys Equity Jurisdiction,
| section 90G).
VIM Curtis Noyes then proceeded to address the
Court. In the midst Of his argument the hour OF
adjournment being reached he discontinued and will
conclude this morning. He stated tn at he should hold
to the following the legal points of Mr.. ConOver:
X. NOYEs's POINTS.
]. The complaint proceeds upon the ground tnat
there is an interruption and disturbance of the plain
fs possession of the books and papers OF the Street
! Commissioners Office which books and papers it is
alleged belong to the Corporation of the City OF New
York; and il seeks to restrain the defendant whom
we must regard now de focfO Street Commissioner,
in possession ghtfuly OF the franchise from the use
of those books aud papers, on the ground OF such sup
| posed disturbance and interruption Of their
| possession. That claim must fail, because the
possession of the Street Commissioner the defendant,
whether de acfo de mr. Is the possession of the
| plaintiffs his possession being theirs sub m0do He
does not possess the books as Daniel ID. Conover, but
by virtue of his Office Street Commissioner their
temporary custody being his for the purpose of his
office and for public uses but the title and ownership
| being ultimately in the plaintiffs.
2. The law, by virtue of the office which the defend
ant exercises gives him the possession for public
of the books papers, &c, necessary for exercising
the duties of bis office, and as means to the great
end Of dischargpg the public burdens; but the same
law does not allow authorize the Corporation Of the
City of New York. for whom IN part and for the peo-
pie to the fullest extent these functions discharged
TO wres the papers from him upon the ground that his
use N them for public purposes in the discharge OF his
duties is disturbance interruption Of their posses
| sion.
g. The statute has declared that the custody Of the
books and papers matter whom the ultimate title
exists, shall be given to the incumbent OK the Office
for the time being, 80 that for the time being the
duties of the Office shall not remain undscharged
| and the public suffer injury in consequence
4. A judicial determination has been pronounced by
Judge of this Court, after most careful and delb-
! crate Investigation and argument, upon the question
as to who is Street Commissioner that the custody of
these books rests in the defendant as Street Commits
| siOner d. fdcto.
). The Court, practically is called upon by ipjunc
ton TO forbid the defendant from taking these books
| Ito which il hes been decided that he has right,
thus preventing him from exercising the duties OF his
| OihcC-not pending quo ~arTants to try the title
where his right is directly impugned-bu in al incl
| dental summary proceeding.
The Court then adjourned to Thursday at II a. IN.
COURT OF GENERAL SESSIONS July T. Before
| Judge RUSSELL.
| CHARGE TO THE GRAND JURY.
The Court opened at the usual hour, whereupon the
Clerk called the of the Grand Jury, but
seventeen only having answered. out of which number
several offered excuses, the Judge directed the
of the Petit Jury to be called over, in order TO give
time for other members Of the Grand Jury to come in
! The Judge admitted only excuse, that of Il very
cd gentleman and the following at length sworn:
| MARCELLUS EELLs, FoEEMAx
BENJAYS ARG psEws S EpFS s T3WSsryp
A 6 D ,NSGX;r R RENI t gASElIsr
JOHN W. MILLER GEORGE W: RLATT
Judge Russell then proceeded to read his charge to
the Grand Jury; a very long document of which we
present only it, prominent points. After referring
to the origin Of Grand Juries and the aims and objects
of the institution he spoke of the general duties OF
the Grand Jury, charging, among other things that
| the Grand Jury has power to originate indictments
| II would be well, however to receive no complaint
| which has not been passed upon by committing
magistrate, except in Of great emergency The
provisions of the statutes by which al complaints for
| misdemeanors in effect required to be originated
in the police offices, and by which trials may be had
in the Special Sessions unconstitutional Ii the
Grand Jury could find an indictment for felony, why
| could they not for misdemeanor The charge pro.
ceeds as follows:
81 had occasion, at the last May OF this Court,
to congratulate the Grand jury upon the decrease OF
| crime 10 city, ard also to yndicate our pouce
| force from the charges of inefiicency which have
been of late 30 frequently brought against IT, Is to
be feared, not in every instance from sense oil truth.
have seen no reason since to alter the views then
expressed although regret that there should be any
difference of opinion between my associate IN Ihis
| Court and myself in relation to these matters One
thing Is certain if the community are living In the
lawiess state represented, if rufansm rules 10 our
city, if the desperate dees the law, If the peaceabe
citizen is abridged of his rights II human llfe liberty
and property are not secure, if the feon no longer
courts his congenia element darkness but comes out
into open day to commit his crime if all around us is
the hotbed Of vice. if this great metropolis has be-
| come another S0dOm or Gomorrah, II all elections
have been changed into mere expressions OF the VIII
Of those who rule by physical might or violence II the
awloving and abiding electOr has no longer any voice
in them if those who should be the conservators Of
public order and public morality now found linked
with the offenders against both, II the arm Oh crni-
nal laws has been pased, its warrants or mandates
| treated as waste paper or unmeaning WORDS, II ~
eyery direction We behold the departments OF govern
ment overturned disorder jubant, and anarchy firm
ly seated upon its thrOne-ths Court with lis Judges,
grand juries and prosecuting officers, must come IN
for and bear its share proportion OF the Diane 90
far those who connected with Inferior tribunals
are concerned, these things may be so, although l
Epnu If pnfh