The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-30

svow an 10 re~pecs-shst the latter tat1 from the
lreet Dom - Of control over. or interference wiso me
a.. II CERTAIN o coSnu u sss. "nn' VIC
70 A. - words "unu the Conmos Council shall Cher
nj a. rsoA" suppose that The Common o0unc nas onn-
hs osupol the right 70 ooutnoe them. :, 70 enaol
=, - altar them, " repeal tAen wss clearly not
nS 70 g Srsysn s Ss mh ss b.
ese ordinances the subject could be passed
Whss The Common Council could MOI now ordain u nos re-
V) mo ord,DaDos Of ls4s on tue subject Il vacancies
n Inc Street nmssssaer's Department, but repet
us q the 90 n 's>s, and copied with tAs oFdsasoe FOR
nee ust pars Of Tho ooesntoa our STATE are
copied into he Revived STATUTES Il Rs) But they de-
rive no force on being thus ooed aad when che ot
The charter q 1859 ia speciay repealed BY The pre-
seut obsrter should Seed, then, most natural 70 con
casde tAaa the Les saiure has rescd oopyAs me ord
NANCE while has Intended 70 repeal the original statute,
and hes manifested sucA intention IN the most pouted Ian
ESsrsh Poast-y refusing 70 decide u,eu the ssAcency
OF Mr. Oepovers boad the haor DID ns defcAt his right
10 se possession of ne paers Of the erses CoEnscn
er's oGlos.
l. The conmisslou Issued BY the 9svernor Ia the name
q the people under thu eu seal Of the Sate, constituted
Mr. CpOvcr the so or 70 NJ Taylor and thus byeughs
hem within. the terms Of the act under which this apPca
4 Noqoesison IA made regarding Ar Ooosvers oath Ct
Office there bad been would have been unavaihng,
Article AZ; r. sectso. o. New Charter, secsoa 80
Tho obi~ctinp 70 tbs bond can be considered as
s ."so,s % ta tn.s ssosSss 70 asycs Sa ncs
answer 20 the objection d. thai there statute which
pvefcsse what security Is % be stven, or by whom exc
70 he sssea ID the new charter which N secsns 80 and
45 declares hat the Comon C0unc shan require from ell
St IT, : s y
after hs charter no security can ee required
from The Street Commissioner; and the law, r. l9o,
section 49, which declares that "wheu any shcer Is
required By aw TO execute any oa bond be shall cause
the 70 be led IN The proper Once whia the time
preicroed for iins his oath Of oee does nos apply 70
this oce In the sense Of this statute Mr. Coaever was
not required 70 execute IN Official sond.
II, however, . new ordinance was not necessary,
Of 90 far - the same are applicable and not
with the charter the ordinance ef lSa9,
the only one upon the subject s nooasstent with the new
act The words Of the ordinance ara thAt:-
The reet before entering upon the duties Of
his oalce hail bond he Jcrp radon, with At
G one " he e. n z. p.n. sum
conditioned ior he faithful pezOrnsncs q duties Of
This ordinance ooutemplates ono bond for the whole
ofscal tern-the new charter requires IN annual bond
Il, however, the old ordinance were NOT incon.
Getent with the new act, and were applicable 70 the
ONCE In question, It must be deemed unreasonable
and void. All b, lawn or ordinances Of corporations
must be reasonable. (ArgeL Ames on corporations,
Ss47, $751; Davis aa- Mayor In the Superior Court
This bylaw is not only unreasonable but positively
nuEfy any appointment Of the Governor This very or
dpsnce could enable the Mayor 10 prevent appootee Of
the Governor from ever executing the oface manda
require him decide uron the suciency of the surees
II GOULD not require him to approve them. II this ord
nance be valid the Common Council might pass one thai
the Street Commissioner appointed by the Governor, be
fore entering upon the duties Of his Office should execute
. bond, approved by the Common Council by the for
whom the Common Council should designate and 10 that
way defeat The appointment and obsuct the execution Of
the law The ordnance made the law imperative, and
(7) But The ordinances of 1910 be In force be appu
cable, be consistent with the new act, and he In all re-
dent 70 TIC rah. Of NJ onover to have The So3ks And
papers Of the Office Is directly upon the officer and at
most amounts to condition subsequent So the Revised
kind. (R g. ~, s. 3l.)
any o without having s.ecpisd and asd 70 sse proper Of
g. II the executes and nhng Of The bond ooadi
ton precedent the approval Of the bond not So Tho
o. sSe .n @ S ss
by law The bond required by law has been executed snd
fled The certificate Of the Mayors approval would be
BY other evidence without such certificate the bond
valid and binding Mr.. Conover and hs sureties. Sop
pose however the bond sppro red BY the Mayor be con-
dton precedent the performance OF that condition has
been prevented BY the Mayor, who In this respect the
sgcn, Of the sAse and the performance Of any condition
imposrg ihh condition, or any Of bis AGENTS or servans
10 this point there numerous authorihes- q Oowen
1911 me People Vs. Manning and Conih; ~ Wend. ssa,
90 The conduct Of the Mayo. ~. fr.udnl-us and con.
sppontmsn by the Governor 10 nulnfy the appoint
and osstua he operation Of the law he refuses 70 exam
mover By force and put. an intruder in his place seeking
thus to retain possession Of the office and It's patron
age by de foO who cannot be ousted by the ordinary
scion Of qso poyrano Til the Autumnal elections
To allow such conduct to succeed would be be-
stow premium pom frAnd md violence. If Mr.. Conovers
apon,Isn, were legal no language can Be TOO harsh for
sucency OF the bond must be examined the mp
ton that the Governor had the power to appoint and the
point a view, was ~ bal 10 should be unsvailug.
az But every one ofour previous positions upon this
bead are unienAbe The objection that there was an ne
Gent bond, or no bond al ALL would stu be unavang 10
Mr. Dcvn because no party but the State can take ad
vantage Of failure Of ofcer 70 file his official bond
In quo ,Oaraso asain't Mr. Conover the state could urge
that objection, and in no other proceedings could be
urged, and wheRurged In that way would be sufcient
answer he Of M Conover that he had done every
thing his pa required and that the only delinquency
was grave delinquency on the part OF an officer, agent,
or servan, Of The Stale. (kfohawk and Hud r. r., "
wend., 49, Chenaneo Fire Ins; CO.. 10 wend cae; peo
pie agt Fsher, "a Wend 25 Grccneaf agt Law, Don,
ITO; Weeks ss F1lis, Barb, 32s; U. Bank ag Dan
bridge, II Wheat, "a; Angel Anes on Corps, 2s5;
iancs,,ers N, bs1; Hs.tipgs All. Turnpike Co g
SICK so Baoons brcg6heni, Title Offices and Oaicc,, L.
lf an oicer be created by letters patent he complete
obcer before he u or before any investi'uro)
He con anued by observing thai toe ovtcssm Of his
learned friend had made upon the words o1cefs OF This
sse 10 the Al d Fob - lsiv, was altogether ulusory
II Fernando Wood and u d. Conover, and any other
officer Of the city OF New York, not officer OF the
State they were not within the provision OF certain
ton Of the constitution OF the United STATES, and they
were MOI bound 10 make oath 70 support H.
III The Street Commissioner not public officer there
was right 70 srply Al all, and the statutes Of the
Saic had left that great cles Of ofcers who APP
pointed for every city tywn and village In this sAie
entirely without remedy 10 get The books and papers OF
their prcdecessos AL this defamation Of the ipdepen
oepce and franchise CT the city Of New York against the
State had no legal support The city OF New York de-
rived every PARTICLE 81 Us power from the STATE; held
II under the State, At the will ard pleasure OF the
sovere{ people Of u q State. who could any
resumed who could qusaify modify II, who could gve
A. much tale away much Of what they had