The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-02
THE POLICE oVHsYIOM.
N~N~oNNo~~~NNN>>ON~-Nc>
The Application for Mandamns Against
the City Judge.
NN~oNN-~~Nc~N~N~~~~~
Protest by the New Commissioners
Against the Proceedings
Judgment Rendered Pro Forma for the Defendant
An Appeal to the General Term, and New
Peramptory Mandamus Returnshle to the Gene
raj Term
SUPREME COURT-sPBCIAL TERN.
Before Hon. Judge Roosevelt.

Before Hon. Judge Roosevelt
MAY 1-7ne People by Oe Attorney General Of As Nd1s
u.s. Abraham d. RlsU, CITY J,ides, for Manddms 10 COM
pei ham 10 act Police Commissioner uder ne old aae-
Mr. OCouor sad that he ready proceed with the
argument in this case that be wished 10 avoid all tecni
cales, and so as 70 have the Court regularly organzsA
for the hearing Of the he suggested that the matter
be adourned 10 O'Clock. He Mr. O'Conor appeared o.
the written authority Of the Attorney General.
Mr. Field said they did not intend to any echncsx
ties and were ready 10 proceed, but at this moment he
was engaged in the Balance Dry Dock case.
Judge Roosevelt suggested adjournment 70 IL O'Clock.
Mr. OConor urged the Court again 10 adopt the hour a
three he believed the other side did intend 10 aysp
themselves OF all techncales Judge Russell having been
just served with a notice from the counsel Of the new
Board in answer to his Judge Rs.) communication
Judge Roosevelt then assen.ed 70 the adoanmen, unsa
three O'Clock in the Special Term
Tho following Is the reply TO Judge Russeils letter.
already published in the HsalnD:-
srsYoar letter Of the s Of April addressed 70 the iv
dstel o. The s,as OF New YORK who hold so
SeSeen Se hours az H1 aSa and na ave- @es
yeseray, has BY Of is aiIuons The q ts
We know q none Justly Ae s.seron Of your ietsr q
counsel Ia meeting any aussons raised for sduaea.oo -,
spccng ,her the the oace hey lll By he eIsouuve
proposition your letter that the counsel Of tho Bo.rs
Seans between Mr. wo sa yoSe ssa b. b y SsD
s,er 20 be pTsprea fec @si prce and no 70 are i
non 60 aid IN colusive litigation. to The cai Of obtaining
We psrasr. irg,l Ac suggestion viii more attention s.a
NJ ,s "a % 20 ne ~ ss 300 Toe or an
PROCEEDINGS your lesr has troueh % our notice vii be ia
dcnc, Of Ihr chsl,'sr q the " gallon e,ioe he Cur
david prpI.EY rIELD.
yTMM S ST- f,ISS SoTfs'
Josnt ViS Colt.
Hon A. ~ RgsGiI, Ciy Judge
In pursuance 81 the foregoing adjournment, Judge
Roosevelt AT at special term at3 NJ Ten minutes sfs
that hour there were none in Court beside tho Judge b
Nr OConor, Judge Russell and his council H. Malcolm,
and the reIo rters OF some Of the daily papers None n
the c"rnsel OF Tie new loce Commissioners we're In ct
tendance.
Mr. Malcolm read the answer Of Jsdge Elssea To hs
mandamus.
M. 0Conor behalf Of tho people. inlerpo-cd soae.
RAJ demurrer signed by the Attorney General
Mr. Malcolm put In TO thai rcjolnder dcmarror
Mr. oCcnor, This case being thu. AZ issue, moved On BE-
hsN q tho pcore fcr judgment wa for hi lionos W
consider whether would DC most cxTcoiout for him ~
hear argument now, or 70 give judgment Tro or-G, saf
1T Che hr~t argument be heart at general term
Judge Ron~evcl,--T7s nladanu- II understand r. Il
preccated co the idea that tho old lard o. Connioncrs
entitled 81 sct now.
Mr. oConor-yos, ar
Judge Rocsevet-And that the appointments under ps
new sw are void, on account Of Tie unoonsutgtoH,y O.
The Inv. Is not matter of very great moment orcop
perhaps, In one point o. view, whether the Judgment
| Is not entered now.
Mr. Noyes counsel FOR the new Commlssfcscrs, onixed
The court at tbs juncture and addressing Judge l0,cyce.
May please your HcnorIn behalf or the counsel tv
the lotcc Commissioners, am desired 10 call yoar
Hon1rs attention b. extraordinary fealuree OF ts
et nO~ about 70 be proceeded ia at this extra special
term, convened expressly for that purpose and otb~.
scme days since an injunction detained, cy paw,
from Sr JNteo lav1e, on behalf Of Mr. Wood, Mayor q
this city, restraining The action Of the Board under tbs
act OF the Legislature OF this STATE accompanied
By an order 10 show cause why the injunction should
be continued, returnable On the 2sh Of April by 40
courtesy Il that Judge, and by unusual effort the part
OF the counsel ~ the Commissioners, the argument
Anticipated and concluded before the day Of hearing bad
rived aud The injunction h since beer dissolved. Pcnfn
The determination Of that question and when the retaining
Of The Injunction va, regarded ~ hopeless new nuno
Ton o. tho effect obtained IN action o. Ga
tr1r-rnio, Ike part application 10 your Honor,
OF court, n,ihough the other Judgcs sitting AZ
chambrr1 ana dc olhar q, special term In tho r,ru
larry assigned order OF Judicial business. The ccs7-
sci for the Ccmnlss.oucrs. In difference ~ tds
au,hor.J which granted TIA, Injunction Immediately 40
counsc 10 VIZ WOOD Tor Nm order 70 show cause WHY n
also should not be Il solved. which being opposed by
ions involving ho organization Of ar,bunal oai q the
Ordinary judicial course for the hearing, not Of the motion
10 dissolve ho Injunction, bot Of the rit Of The gso sa~
-r,ro 70 which DO counsel Tor To Comnisotcss
dd DOT sco,do, and tho app.csiion was withdrawn
App cacn wos mado The next Day 20 Idgc Pcaocty ln
0ycr court for such az order and though oppcsed ~ mo
counsel Of Che Mayor protesting dnic s.rlt sa
granted, rctuYnabe uo next afternoon ana hpce bias
Dine ho az esnns involved have been and dow arc under
discussion before hm-ths courre OF The argmet ctnG
such at ouiofalnaa doubt taat NC In.a
be dlolvet Yesterday Afternoon, rhe va az ssia ~ Pc
forcJudro csboy wa going oce OF the Ucu1m.cnrs
AZ spreed witt COZ OF he rnndarrus y tho action noSr
abou, TO be brought ca, accompanies oF els from S
b icntaat Which, " Ii the permission q The Court, WI
re1d -. 49,. rv. -
This lcVar published IN tho LlsnAtp o. yeserdayl
a.. t,v,,y been no Opportunity convene The Com.
repcrs since received, NJ The request Of ono Of
or, tber counsel have sent an anhrer % 70, witch viii
sioo teaf published abote)
u.l also submit AFFIDAVIT s,acwiug The exact relates
ts,a cr ta yaros 70 this now ht a8 leaving t0ubt
IN eoancctou wth Jaego HO3sl's ttcr Of IL coluivo
~ Noyos hcrc read tho 8Avi or Jarnc7 v Cum nnsH
az m CITY cnhod ing the fact of The convoca0a N tho
uol-o captains AZ the M<cr's Office L.' week and The
specch cf The Mayor on uA OCCASION The doa Of the AFT
dayNW probably 70 snow COLLISION between Mayer HOod
and fuago liussclll
Your honor vi thnu perceive, that by This ater,ns n
thc Nayor,U Is sought 10 determine grave Questions a.
law Only hero but IN ue general term OF Ls Court
kzl "a the cepgi e asi gesost b cols9s viii WInl