The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-28

cceis'ens with this ecs and would therefore oe as much
10 force az y he'd been specially ~ o,a1ed oooome
longer d: ~ Of s % Sn
ezeoutve power In the Mayor And heads ~ sne several
deparnens His opponent han argued that thu ordnance
should be 60 reaA ~ pos relate power o. appoint
ment; bit /. could NET read the ASSERT m e true
charter 1861 does pos Affect the present Mayor snd
ocmmrn Cnuno and INC rs.ssns clause Of The ohsrse
tween the Of and the Is, 1853 there
81, DO no chavters s6ecsng the Sayos and Common
Cm,,s q, all me same Legislature had regarded he
Ss .dermen AZ fit to appoint n tho expirsu 70 Of
.or,s term ~ once Why. thsn were tho DOT CON
n appoin, term or bis officer The
80 ~ isST vovides thss the ncumb~nts Of the ooes Of
Corrorson Council Ccmph oer and Street Commissoner
ehoud copinu in Office tho expiration Of their terms o.
Office. This vas an extraordinary pieoe Ct egss'on IN
the Legislature had right TO app TINT Tho provsor for
The appontmsn by the Mayor and Aldermen must there
sssnent hsuevs- one was TO b made The Leis.
sur~ ever pseodd 70 allow this spposntment vsrAse
b>t~een the Mayor and lhe GoyorneF IN thus dancing
isc way: We J DsSs.lun Z, = =. wv Tor ss
removal Of the Street Or >ssoaer for cause, surely
the Goveynor not to appos.t n such CASE. He r.
viewed .he opinion Of Mr. hin as T. t6S Oh
the pdil< mep end said that NJ YIN had over exa@n
cd The statute OF l8Ao and the ordinance he would nevc
have delivered that opinion. But why did Mr. Hill and
bis opponent withhold from the Mayor and Aldermen the
power 70 appoint until the expiration Of tbs forms Of
office Of the Comptroller Counsel to Corporation aud Street
Commissioner he charter evidently Intended 20 confer
any OF those officers But AY. Conover had
ed bis official bond, approved BY the Mayor and az 20
Of the otv properly But, ray the other side, M, Dew
lin csa take adva' tase Of that Bat he would contend
that even intruder could show that the claimant he'd
right 10 the ohce. Mr. Devin had been recognized bi
every officer OF the Corporation but the Comptroller
certainly and the Comptroller general reoog
paoy. Oaughter) He had said that 'in these days &c
did DOT know hs recognised anybody" Mr. Conover
could be clothed by the court with any power ~ take
possession Of the CITY properly The testimony as to the
all occurred before Mr Devi!n took possession.
He opposed by the Deputy Superintendent, Mr. Tur
and the Mayor properly had supported Mr. 1dr
in defending the possession Of the city property He
counsel advocate panegy of the Mayor but
he would cay that In that respect ne did perfectly right
Mr. Conover had pra.ended possession by sitting
the Office and granting paTc3 to remove bushel of
sand leave alone he had possession Mr.
Devhn had however taken peaceabie possession, and
proven and unconadicted that Mr. Con asked
him for possession, and when Devn denied he ead that
all that he wanted In order get the before
the courts NJ Devn was not reepou, IDLE for any Of
the Disturbances Il the Office Mr. Cnn)ver knew that the
Office not TO bs peaceably delivered to him. aud II he
had had peaceabe recourse to the COURTS he might have
saved this court this protracfed investigation He no.
the sci OF the city but of Mr. Devn and appesrc'
chow tha, Mr. Devln legally appointed and In posses
sou and that he had been recognized as such by Mr..
Inc proper way .ners.So Tor hr
facilitated by the Attorney General the part " Mr..
Copover, snd not on the part Of Mr.. Devi'n.
Mr. Brady concluded as follows-l ask your Honor, In
all sccer:ty ana FRANK uessI a any gentleman of intel
ugepce and Of character whether bench of the
ssnsh.Snsnsr aSy ono no, in s win the ssasGi
counsel viii under AXE that there not reasonable
doubt here In reference to where the to make this
appointment resided and then, hore be that liable
derbt, whether 1t not more htng that the Governor
should tale Of ae interests of the ate, and II he
wanted to confer position bis respectful Die friend Mr.
Oonove that DO should give him Of the patronage
which belonged to him. and to leave the power ard patron
and honor and emoumens Of the civil Offices in this
Corporation OF ou'e-ave them 10 where they beong-to
the city OF New York and It's people.
The Court AdourDed TO Monday IL A. NJ when, II Hr.
Field Is not able to attend his reply will be delivered IN
writing.