The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-26

THE MUNICIPAL CoNrEsT.--Two out of the
many litgatons that have eprung out Of the re
cent high handed proceedings Of the Albany oil
garchy, and their aiders and abettors in the city
were finally disposed Of yesterday in our courts
of law. Those two were the proceedings against
the Mayor in the Superior Court, for alleged con-
tempt in resisting the execution of a warrant in
the hands of Coroner Perry, and the proceedings
on habeas corpus before the City Judge, to dis
charge the Mayor from arrest under the warrant
OF the Recorder. In both these cases-which, ii
viii be remembered, gave rise to the intense ex-
element that prevailed in this city some ten
days ago--it has been virtually decided that the
May Or only acted in the proper discharge of his
functions, and did not, as was charged against
him, ret himself up in opposition to the legiti-
mate process Of the courts.
In the matter of the alleged contempt in re-
sisting the execution of the warrant in the hands
Of Coroner Perry, Judge Hoffman, who Issued
that warrant, and before whom the charge of con-
tempt was tried has discharged the order fosarrest
He has decided that the afidavits presented on
the part of the defendant made out a case
generating him (the Mayor from the oct of re-
sistance, as we'll as from the intention to resist
These afidavits, he states were not contradicted,
and apparently we're not capable of being contra
dicted. TIE toadies of the Albany oligarcby in
this city made an effort to have the matter
opened for protracted investigation, but the
Court held that further investigation was not
allowable. as he himself was the only judge as
TO whether contempt had been committed or
not. If Judge Hoffman had exercised the same
good judgment and discretion when the applica-
ton for the warrant was made TO him as he did
in the matter Of the contempt, no such difficulty
would have arisen. He light at that time have
had sufficient courtesy to notify the chief execu-
tive Of the city that an application for warrant
for his arrest was made, and to suggest to him
the propIiety of Immediately attending in
court and entering into sureties 10 answer
the charge. But he did not do so,
and the consequence was that apparent conflict
of authority, and apparent resistance to q legal
process, which had well nigh led 10 most fatal and
deplorable results.
In the matter Of the habeas corpus proceedings
before the City Judge, the decision yesterday
was equally favorable to Mayor Wood, and equal.
ly disastrous to tue Albany oligarchy and it.
creatures in this city. 1t will he recollected that
on the same day on which Judge Hoffman Issued
his warrant, and within an hour Of the same pc
riod Of time, the Recorder also Issued warrant
for the arrest of Mayor Wood on the affidavit of
the would-be Street Commissioner, Mr.. Conover
charging the Mayor with having melted a rio. in
connection with his (Conovcr's) attempt TO pos
SEES himself Of the Street Commissioners Office,
under color Of an appointment by Governor King.
a wit ofhabcas corpus was Immediately Issued by
Judge Russei. 10 test the legality Of the arrest
The hearing was postponed till yesterday, when
the District Attorney declined 10 attend aud argue
Tie case further than he had done on previous
occasion. A charge Of maliciousncss had been
made against the Recorder in connection With
Lis Issuing The warrant; bat as the District At
torney bad virtually Withdrawn from the contest,
that charge vas uot pressed. Judge Russell, how
ever, in rendering his decision ordering the dis
charge of Mayor Wood from custody, remarked
that the facts On the record showed the mali
cioue feeling that existed on the part OF the Re-
colder, aud also stated that he could moi close
wv 20 W VIZ idNN thtt viz iANNpiuNI uau NOk II
particle Of color of jurisdiction for Issuing the
warrant
Thus the citizens Of New York who arc not
willing to have their civic rights and municipal
franchises troddcn under foot by block repub-
lcan oligarchy, yesterday obtained two sopa-
rate triumphs over their woula-be rulers II is
matter for public congratulation to see thus de-
feaied the aggressive attempts Of a miserable
partisan body at Albany, backed by rcnegades
in our own midst, The worst of whom are per-
haps the bogus democracy OF Tammany Hall
The mandamus proceedings in the case of the
Street Commssionership are still pending; and
as to the Metropolitan Police bill, we have as
yet no decision from the Court Of Appeals.
PRNcE ALFRED on HIS TRAvELs-Tha Lon
don Cont Circular states that the Priase Of
Wales Is about to commence his foreign travels,
and that he viii pass portion Of the summer on
the Rhine, going from thence through switzcr.