New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-15
la " INTELLIGENCE.
THE MANDAMUS AGAINST THE POLICE
COMMISSIONERS


THE MANDAMUS AGAINST THE POLICE
COMMISSIONERS
SUPREME COURT-ssrc,sL TEam-Arc. N-Befcrs Juiss
PEAsopY
IS MAYOR WOOD A COMMISSIONER
The People REL Patrick Marphy as' James w. Nys o..
Police Commissioner
The alternative mapdamus in this case wa return
abe at 10 clock THE morning borders the respoodeeas
to restoe the rea.sr Of Mayor Woods poiiccmes.
to his Office as pa,rolmsn show cause to the contrary
Nj. Dyett counsel for Murphy, asked for postpone
ment until Monday morning.
Mr.. varderpoel said he appeared as amiess es~To.
and suggested tina. the writ had not been served sPos
the Police Commissioners.
Mr.. Jennings, who was counsel for Fitzpatrick and
sthers in the injunction case against Mayor Weed.
relative to the pay the new police stated on behak
Of Mayor Wood, that the writ Of msndamus hsd bees
served upon the Mayor.
Mr.. vandsrpoel said the Mayor WAS not Poacs
Commissioner, only a member Of the Board Of Police.
ex offcio.
Mr.. Dyett had no desire 10 keep the writ secret
from the Commissioners, and said it had beeu pub
lishcd in the daily papers.
Mr.. vanderpoel said tina. Mr.. Dyett know, - .
lawyer, that the writ should have been formally
served upon the Commissioners but no. enc Of them
hat received copy. f...u
Mr.. Dyett then finally moved postponemeot unts
Monday next, and after some further dscsssen, nr.
vanderpoel ststirg tia. no should probably sppesr
for the Commissioners, tine matter postpsaed
until the first Monday in September, at clock q -
TIE STREET COMNISSIONERSHIP-A
Err INJUNCTION.
SUPREME COURT-srEcL,L TxsM-AuG. IA Before
JUDY PEABODY. - b.
d. D. Conover the Mayor ke. Of New iorh CAarsss
Deylin. Henry Ber.holf and John r. Fsrrinstoo
Another rtep was tahen in the Street Compisssners
case on Friday by Mr.. Conover's counsel, who sp-
Piled to Judge Peabody for partc INJUNCTION 10
restrain the Corporation and Mr. Dsvhn, a. VOL -
officer Beptholf and constable harrington, from med
ding with the books and papers Of the Street Com
mssiorer's Office. The Court granted an order re-
curing the defendants to show why they should
not DO restrained according to the prayer Of the COM
plant, on the c5th nst and restraining them moan
time. The following are the papers 1.-THE case:
THE sUPpLENEsTAL COMPLAINT.
Daniel ID. COnover, plaintiff, by way OF supple.
ment 10 his original complaint, hereia complains M
alleges: ,os~ a.
complaint OF this plaintiff Charles A. Peabody one Of
the Justices Of this Court, made the order to show
cause upon which the proceedings were Dad, men
toned ia the original complaint in this action, and nos
only toe said Chas. Devlin, but the Mayor, Aldermen
and Comn,onalty of the City Of New-fork, wore par
ties to the said proceedings, having appeared therein
By counsel. -
the said Mayor, Aldermen and COn,monslty Of tho
CITY of New-York, and the said Charles peviin, On
the Iitb day of July 1851 by the serving Of summons
ard complaint or th.m to which complain, me pS PLAN
part OF The iuppemental complaint.
7Hrd. that since the commencement OF the saia
ac,ion the said Justice pursuant 10 tho order therein
referred to- has Issued his warrant to arrest, and his
warrant Of search. which warrant OF search was d.
rccted 10 the Sheriff Of the City and County OF New
York or any constable OF the said city and was doaiv-
cred TO John r. harrington, constable OF the said
city, for execution. .
F6prtk: That the said Harrington proceeded to the
execution Of the said warrant OF search and took pos
session Of the books, maps, papers ana documents 10
he said warrant mentioned, and brought twentythroS
Of TIE said hooks before the said Justice, whom DO was
prevented from bringing of them before the said
ustice by the interference Of the said Mayor Alder
men and COnmonilty Of the City OF New-ferk, ana
the said Cbarles Deyn, their attorneys, coonseiors
and agents. -
Elm. That the ssd twenty-three books being
brought before the said justice, he directed them IN
be placed in the custody Of Henry Ierthof an eices
Of this Couit. till further order aud they were 70
placed, and there remain.
.Sixth. That the Mayor, Alderman and Commonaatv
ard Tbs said Charles Deylin and their counselon,
attorneys and agents are endesyoIing u prevent the
enforcement Of the seid order and the execution Of tho
said warrants end they have hitherto, by their inter
ference, prevented the plaintiff from obtaining the
posseeson or use OF tho said books, aps papers and
documents. and the plaintiff IL apprehen.ive that ua
less restrained by THE Court, they will continue 70
prevent hs obtaniIg the possession or usc thereof
and will throw such obstacles in the way OF Tbs On
force m ut Of the sad order and of the ssd seafch-wsf
rents thai neither OF them can be executed
Wherefore, The plaintiff demands Judgment that mo
said order warrants may De carried into ehoct.
that oil obstacles % the enforcement ana eSecuaos
thereof rnay be removed that, ii necessary, re-
ceiyer of the SAID books maps papers aud documents
may Le appointed ard such receiver directed to LEI
tie plaintiff have the thereof in the execution OF
his aid office; that the said Mayor, Aldermen ana
Comnlopaty OF the City OF New York. and the said
Charles UeYlin their attorneys councillors and agents.,
may by an Injunction, be restrained from interfering
with the seid book. maps, papers and docainents.
hereo. 10 this plsintG and his use OF the same and
6om taking any measures other than by Ieview N
this Court upon ccrordri, 10 prevent the enforcement
and execution Of the sai order and warrant Of search,
end that the said John X. Harrington sed Henry
Ber,iolf be ,tstraine! by Injunction fion delivering
the said books, maps. pspers end docsments 70 eay
person OF pevs0rs whatever, except Punusns 20 mo
order of ss Justice or the order Of ny voan 70 mS
sction.. FrsLp & sLyyTrI, Plaintiff . AttcrsY.
CIV and Covsis ef Nea Ys,s -Dsnie D. conevsr pseih.
s' nat TIE sssc5s s ss"Ssl. ssa ~; e
on ulormson and belief and 6 10 those matters he bssyssh
q. 4. Eoszns, coains.onsr Of Deeds
.TBr iyJrNcrioS.
u, reading coiupla.p ~ hi. Son .pp.smsrts 70 IN
or;nsl ecrpsrt u ne sem. rsss s,.io the M.ysr A.
Serprr and Concn,y % City Of New York and Ch:dsr
Beyp rsue3 together w.t the ssitsvit Of DsniS
CGnoyeT duly yeriyn; The ard On motion sisaaE
elr,.ss st,oreys q. tee pInsa % oderet that the go
pi.inA s and pEosecnte III ssi! suppsnss@S
ssnn,sint ssatass az tic eboye named dsendsnts -
"A lpon the aid original ssd sup,cnsns2 eospsnb ~
,GJ.y: IL Is faTtAer Ordered as the Mayor, Adssn 80
css, mSsst, ofae c.y snd ck.dss Dsstn IL
e.nse before tkis Cyvg: az Special Term thsfcH
~. civ Hsr a. CITY " New Yorz ON the On -
80 ,,.sn AZ !! ococs d, tss fcrep Why ty snA ses
. sn.J eseiHs s si sss -
L. rra aprs sizing 70 A- eTc@ w 49,
C,r.L ~ of t,e CIV II Nev.Yors sns ifyn eons sny