The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-14
THE STREET CORRESPONDENTS TROUBLES.
The Injunction against Conover Dsssoivod
sUPRKnE C0uEr-ePECIAL TERM.
Before Hon Judge Roosevelt

JuIS l3.-7he Corporation y NE Cy q Nee fofS oeat"G
pa~i d Cboo.-Judge Roosevelt said thsa 10 this case
a the had advanced and was important that
some Judges thoud have an opportunity or going
With their families the rural districts, he thoaght the
e<er way would dispose OF the case this morning
stesd Of waiting until the Indicated for making
aecson There other reasons perhaps, 10 render
~ mater me better way TO treat Il. he thought wouId
D. 80 make Ineligible 10 the common understand
ing he then read the following decision =;
II proper IN the outset OF the present decision Ia
rec very natural and very prevalent mscoacepton as
10 The state q the controversy The question whether Mr.
Ioneyer Mr.. Devn tha be Street Commissioner Of the
city OF New York. is not now pending In hree different
NODES of procedure, In any mode before three
en Court or Of any Court Neither Of tho three pro
seedlings referred to is adapted to the trial or deterGi
aaoon OF me title To The ONCE An action, as Il IS now
he lame OF he state, the only recognized mode OF set
ling Thai issue, No such action has yet been commenced
Inc contest thus far has been confined 10 the question OF
immediate but temporary ppsose'oD-s question, how
80 which, it mus; oe admitted, and ss the reosnt hts
Scs consequence TO the respective claimants For should
me usual, and almost unavoidable, delays attending
the prosecution OF regular formal actions DO inter
posed or occur this, oher INSTANCES, the i'm
mediate possession and of the powers OF the oce
asnGgEO ss emo Of :; me enss tho
struggle ana the various phases Il hss assumed me
troseedius in court nor before Judge sitting
lsn,t Il was instituted under special statute giving
special power to certain dosgna'ed iun cs
noval from Office, to compel by warrant In summary
delivery s'thc succcesOr al the
NOUS incumbent sof the books and pers aiming TO
sroh Office" The Corporation OF the city unless Mr. es
In be con.dered legally representing them were
20 parue. 70 proceeding Toe order to show
aot addressed to the Corporation, but TO Mr.. pevln.
Technically speaking he and be alone was heard and he
alone las Il seems he actually done) could by of
ssr,,ofsri. appeal from the order made against him,
not however TO another Judge Of the COURT but 10 the
souri tse, sitting a. and Win ali tne powers ana Ari
s1es Of of general jurisdiction For these reasons
doubt the corporation supposed by their counsel
% have had right TO institute In their own
fhau hav an
sga;nst MIR. Conover, complaining or alleged
threatened Interference on bis part with their propery
or the ciiy-and praying, the only relief needed,
nat the defendant may, by the final decree OF the
secs seged purpose And the question presented
n such bill. under any evidence, or admitting all
hen me preliminary orde. which been asked for on
.be pGT afoavis presented by both Sides aud which
merely auxiliary 70 he final relief must Of course be de-
fore the regular expiration Of 10 legal tern became vacant
~ death. Two caimsnss az already stated insist upon
Niins The vacancy deriving bis title OF successor
rom the seal of the State the ether from the cou
pArayey lesser but would seem, more appropriate,
zeal OF the city The former mr. Conoverl II s said,
arst Obtained The possession; the latter (Mr pevin)
although subsequent in tme has seized, is also said,
.ad maintained since. As to tie ultimate right,
decision of the chief magistrate OF the State;
as ss u. o. en Se eas cInc on ether s e o e
treated frivolous mG.a tide The constitution 1t
true, declares that officers CT city, where not chosen By
electors OF ouch city, shall appointed by the "su
shortes thereof this spirit Of decentralization
sssedy the spirit of the whole Instrument But the Court
q Appeals recently, effect, laid down the rule,
hat he spirit of The constitution h Dot 10 be the guide OF
courts-tnat IL Is not for the courts 80 create ex
5sp;ons rcsirsins On the Legislature which rot
AIRY contained In the constitution 10 written On
der such rule Of construction propoundcd by the high
se mission Of tho Governor given pursunnt 70 m act
II tho Legislature although purely local Office, a. Ger
.asny creating least color OF tile. The Legislature
flaws OF isia) have given the power III vacancies
whenever they shall cscur not only 10 Tue State oces
On sny Of ,be onices OF this STATE" oop.s,u
scn il be admitled, contains on this point
10 express sss Tho ISTaa,urc ,hl provide
for filing vscancss in ohics.' Ia unnecessary,
and, indeed: would be Improper, on a mere
application for preliminary Injunction, ~ weigh
r.nuuiy ana critically the arguments In support
u lbe p,eAnsionN OF the respccnve claimants II u
enough thai BE made Of good faith and fair ceor OF
.ie Al time should say, 10 iusuce 10 MI Dew
sn mat claims 10 degree rest on statute OF the
state than that o. lsie which provides that
ne Stree. Coumis.iouer the city sha be appointed
by the Mayor with the advice and consent 81 The B'ard
Of Aldermen To determine, however, tbs question Of
tho mere right, proocedipg a. already stated, IN
Of quo udrrano " the appropriate method such
Aprcceedne win no doubt, soon DO ins,.atoa ana 'oe
bile have the advantage OF present possesson
conover, appears, was hrst IN oraer o. appolnmeni
Fs bears dale several DAYS before that OF
NJ psvnu. lie Hrsi, be says, entered upon The
d-des OF the cfire although he implicitly admits that
--vlia drst Obtained possession Of the books. What
CONSTITUTES posse.,on Of ofce-which Of
some Thing difereE rom mere room or spsrtmeni-may
Isazue. in another form proceeding bad before
him for several days In tbs very care LIS ploshed de-
o,,en, Ana ue 1870 VII 49,. rs ~ ,h a5s.
Shall then, nero insriocuior NOTION not Affecting
ne Ultimate right, ana addressed 70 me discretion OF me
ccurt open INC inquiry sfresh' well say, IN such
case pfardun ub,s retoudre dorcg Ice public pcare,
besdes te.ns to me, requires that should not ,is
eurb the OF thai decision Vas sde oy an ofcer
90 equal p,vers snt affects only the temporary posses
sSon. To tie execution Of as threatened respSs,
10 be prevented by Immediate injunction, issued on mere
before would De 10 IL
disorder, AMI would DC entirely AZ variance WA The
especially whore both ,re Of equal grade and both
Of inc tribunal In addition W these conrdcra
Mons n Ia proper 20 tate that preliminary piunc,ons In
ss.ss Of thsa,spe1 roarars 70 posoua properly ar se
dom, ever, allowed The plaintiff being, NJ they acgc,
IN possesson, defend .hemseivss 10 the ordinary
oogrse Of Aw against any Illegal disturbance They
resort, hey right 70 the criminal magistrates or %
ne sheriff and bis deputies and ihey arc wrorg and
a,s on that around who=i the ordinary remedy, they
should Of course not be aided IL sucn case ~ IN ex
traardinuy injunction. To warraot an cxiraordnary
Hunaoesuoned lille" Al leaSi a strong pre- rmguye
one, AID danger Of rrepAra5le inary" Both those
conditions Such In the av even Ia refn
rspce % threatened rcapass-s real property. q
Jchns Chaacery Rep. 3l5l The reason OF the rule y
ret IN pssessior Of the arty sought 10 be cpneo but
the possession, this compa nj virtually admits, VI The
plaintiff themselves On The assumption tasi Mr. Conc
ver's uue for purposes o. tins moi 10 be taken
20 be AZ sood a. MI bsyHns sid Nr DevHn's a. good
ss M ooDOvcr's q have no power az Jet " decide tha
issue between tnerl) vhai ocrEs1n n there Tor inter
Serencc An 10 the custody Of the bcoU, I an
20 presume thai Il ~n be equally ssfe 70 shchevef
Of lhe claimants II msy be oonddeo. aud 10 any
threatened removal, - poiuvey denied IN.
der tho dsfendants oath. The defendant slso
dones In Ike manner, any intention 70 take poe OF
them exoeq By legal proceedings before Mr. Justice Pea
body" whasver then, may be thu technical character
Of lo~c proceedings, seemingly even, 10 revise them
by niurciionf . that the o. or the orderly mode Of
seview-oDe single Judge sitting IN Judgment upu tue
ou Of another single sige Of tn cour, aud i-5
The zane pouersf The public nlcres-the Interest a. eli
persons having bwincss with the oBco 10 cosrovery-
mpe-auvrly -e1uires until the qneston OF tic be
decided Gere should be some ono person rtcuguizcd
s 10 rcaccsbe posseso 10 nSn OF the oice, and OF
Of hc munmenis necessary 10 the discharge oT
dutos watcher that person, In the present case shall he
Mr.. Conove- W Mr. Devin Of les consequence. The
FORMER a IN pc@stfson-s0 al least Jusge Peabody has
decided-in possession OF the Office Why. thcn
tboud enjUn hin ron Interfering With the books II
enc once In The case "a Ispyan and Gray COZ.
testing -four isspcc ~. Injunction. hsued By the
ga 80 cd IA, ~