New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-06

would pefr-ssrhy th' lnd aud bis STU
sseed. refer % he'e decision. "a al msde by ssro-d
Jsss: 4 1 sr ~s e Ssy & 1 ,s .9 1as' w.
' u. % sss, and 70; l. s %'S s.
claimed right 70 the possession d the book. papers ty
virtue ofsn appointment to ,ho Office II; add tha,
before the oer hi. decision upon them !. concsive and
Judge Peabody matters cannot interfere ard over
them posses, powever Of review Il 10 only the
look in this inquiry after the jurisdiction necessary TO snsln
the warrant oNho:o proeeednss appear ha, The c!aiman.
beu urged that color title sufficient to sustain ar.db
op and 10 extent conccde that rule proper lit
sppssrs BY the application that the ema; had appointed
that ary other caaed to have right to the oe.
Of fbe Supreme Court to awe him authority TO institute
an ng ana sso she Spais BY or a
could not be reviewed except on erfo'ar and Judge
to n ,emsnS the prisoner But in hi. cs the csm%s
poIony let. his It'll. to the Office ba, shows that
the office himself by virtue OF appointment which least
show, as much color Of title that Of Conover aud upon the
b Which ali the Judges above referred to have pro-
be fatal viz tina. the claimant, clear title
10 o 1ns ers for the books and papers demanded The jude
in his view Of the o. TINS statute SEE ms
even than color title for he inclined 20 further
. G: and %eev the Ss e Sas.on sS n to
be tried at all and that the abstract right Of the applicant h
the act directly with decision
whom REFEREED and cannot my JUDGMENT be sustained
an to obtain papers office
without tight authority and deprive the public thereof to
se to an officer who deceased can only be person
& TO a ae' . on Se s only
legal successor and that I the man entitled p a%
the Office he the the previous ocer he is
intruder and whenever the right Of the party to the
right and entitled to any of the emouments SO far as
third persons might suffer If this want of right extended to
SON while Dc aeto Office valid but further aud no night or
claim for hn.e or as between him and the public can ever Dc
with third persons during the time he actually in the
Office the law annuls aud nders them of no effect such
can never called the Of smother He is not
the ocerhc does not succeed officer and merely succeed
ing in the snd in tire right Office cannot
law to the 'ueeesso The question then arises wa. DIT
that to be such within the of the st.ute he
%. Of The Rho such @ would not ene
hin h se hi. saus tho G
that Mr. Conover claimed the office Of Street by
o q as AN stated such Complaint bis title to the O
becomes necessary to inquire whether the Ooverno! OF t
Ssif the claimant showed .msSey had
right the Office, but mere intruder and was not
% IiiS on tes oSs isad So
Conover showed good title to the Office ana e
he Of Street Comms.ioner is not new office SO long
ego 81 Se Ctv 81 New under the title Of
Comnis.ioner (See Revised Ordinances of the Common
mee city oce established by the local authorities subject 20
their control d'chsrns his duties solely under their
his compensation from the city treasury This office
not mentioned in the various charters srH ute pre-
vious 10 that Of l99 In the charter OF lsD, the Com
mon Council directed TO organize aud appoint ai;
tn, Of sB 1 cs ts on 1885, the sec IL
Y p 2O2). Shortly thereafter in pursuance o. such
pent "uSer the title Of the Street Department
and placing its head the Street % see oo
was continued by ordinance of 1883 May sitter which tue
ordnssees Of the Common Council IN lore IN t
Charter Of 1919 the Department is continued Win tns SAM
pos s p.d ts sns c :saf OF les sec s Dsy
-and by ordinance of the Common Counc passed may
pspees We're ere repealed This office Of Street
established by tie Common Council city ofce was repeat
city ssy Ds tSSusS no: In
s Law Of s X :n S a. sas and rom that
%s s%nnSaass act: may which
ss s' ss. Of s. Ss ss q &
time 1t must be apparent from these facts that the Office Of
sest pen ps Sss o
and 5 snG y % the Ies
ue Sn it was made permanent BY IN. Gh s. o. Sd S nS
a The /. 2'f % city Office
originally established calling for the performance of the
duties s%b bs city upon IL psn m, wH
tade Importance bn. in other respect. remsniu az
be ION article OF the Constitution section 2 9Ppy IegIins
a I S ee epT or Appointed By Se local snhes
Legislature should direct urged tina. the 5th section Of
for filing vacancies in Office allow different mode o. appoint
inert That section mus; be eth %s ss
local Ulcers to the local authorities and when the legislature
Isdsr.d to to s lSds utS .
the authorities to whom the appointment o. ot" DOOM ON,
to b sIGdss ast sRS the
Of the State could rake appointment Of street Coms
passed authorizing the Governor any vaesnc..
should any of the Offices Of this State where no pro-
until the Of the after the next annas eee
ton at which such officer could be elected Ths,e are Two 3D.
soneis Office One is that It is not an Office OF the state us
S . ss ss tn. the Various +
although in a the time Of hs acct co a5a ob nS'
ton IS that by Constitution such officer can only be q,
pointed by the local authorities by the people and the
or The opnien. If the Judge. Of the Appeals in
the ae Gaze Il the Police Commissioner comedies this 70 be
e o rre IN tie OBJECTION Tia. the statute only applies
elective oce the period for which such spPeIiee can
election whica such officer could BE- elected II u. oce is
not seei,e TINS provision would Dc SI the ., Of @ an
forced to adopt the conclusions that By the tnssT ter. @
Controller and Counsel shall be elected aud the othe. heads
Wee and consent Of the Aldermen I.dsE any O[
dnay construction this clause would YES. IN the m,
urged that the power copfded is only exercised oy Ie
Mayor Aldermen elected under that act DO not
tLat Charter 10 B, so limited II must be remembered 1h o
the fifty fourth section all other charters except tue AUG
charters repealed the powers conferred
by t new chatter Are only to exercised by officers who may
be s cd under H. forced to the conclusion tha tn.I.
authority Government 1t true by tho olsl
section the present continued In their once put
unless under this statute, these ocer tthe Aae,ns s
The Board Of Coucmen Is not included elthei "
old charters and possesses no powers not conerIed ~ %
charter aud an not willing suppose that the Legislature
tended 10 terminate the City Government or to suspend
ron until the wear The rational conclusion IS that tne
Lesstre intended when they retained the Mayor aud Co
mon Council and heads Of departments in Office also to give Them