New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-20

More tnan month nds tldpse SiuCo 'Ai' D"nieA
D. Conover was forcibly elected by Fernando
Woods Instruments from the apartments OF the
Street Commissioner, of which he had taken pos
session BY virtue Of an appointment to that office
| from the Governor Of the State. For more than
| three weeks he has been endeavoring to regain
what an armed mob had taken from him and to be
recognized az Street Commissioner de facto until
| the question as to who was Street Commissioner
de jurs should have been passed upon. Nearly 3
fortnight ago, Judge Peabody decided that Mr. Con-
over was in point of fact the rishtfal occupant OF
the Office, and as such was entitled TO the imme-
date possession Of all the documents appertaining
thereto, until the question Of title was settled An
order to carry that judgment intoeect was accord
ipgy made, whi:h Mr.. Devlin took it upon himself
to disregard and SET at defiance, two associate
Justices of the Supreme Court having been induced
to throw temporary obstacles in its way. ButJudge
Roosevelt dissolved the parte injunction upon Mr..
Copoyer, which he bad hastily granted, and recog-
nized Judge Peabodys decision as one which he
was "bound to respect, in matter addressed to his
"iudicial discretion" Judge Davies had meantime,
however granted writ of esrtorari, removing the
matter from before Judge Peabody, who was sitting,
| not as the Supreme Court, but either as Judge
| out of Court or as one of class G Commissioners
empowered to act under special statutes, and there
fore constituting tribunal inferior to the Supreme
Court-remOving the matter from before him into
| the Supreme Court, sitting at General Term. This
writ operated, in Judge Peabody's opinion, as stay
of proceedings, and therefore prevented him from
taking the further steps necessary to carry his udg-
ment into effect and to punish Mr. Devlin for con-
tempt in disobeying the order based thereupon. Ga
Fridsy, Judge Davies heard argument upon the
propriety of vacating the writ of eertiorar on the
ground that It was granted under misapprehen-
sion of the facts in that be had been led to believe
that Judge PesbOdys official action had terminated
at the time that the application for the writ was
made to himself.
From this brief resume Of the history Of some
what tiresome controversy, it will readily be per-
ceived how matters stood at the adjournment OF
the Courts on Friday afternoon. There was every
reason to believe, as we said in Saturdays impress
siop that one or the other of the contendng par
ties would gain decisive victory in the course If
the day. Should the writ of c1rtiOrdri stand, Judge
Peabo DIV would refuse as be had hitherto done, to
sign the warrants applied for, and Mr.. Devln would
remain Street Commissioner until September at
least, when the writ was made returnable Should
the writ be vacated, the warrants would be signed,
AID Mr.. Couover would in all probability be Street
Commissioner until the Court Of Appeals rendered
final decision upon the question Of title
At 10 o'clock in the morning, Judge Davies, with
\ promptitude which one would be glad to see on
the part of the Courts in the determination of
every controversy in which the interests of the
public are involved, decided the question which
had been argued before him the preceding day.
After Analysing the statute under which Judge
Peabody had been proceeding, and discussing tue
nature and purpose Of q writ Of eertiorari, Judge
Davies concludes that he has the power and that
it is HE duty in view of the previous action of two
aa ociate Justices and of his own premature allow
snce of the writ to quash it at once, which he &C
cordpgly did At II O'Clock, Judge Peabody
signed, at the request Of Mr.. COnOyer's counsel,
tvs warrants the first of which directed the Sheriff
TO arrest Mr.. Devlin and to commit him 10 jail,
until be should deliver up the books, &C.. or be
otherwise discharged according to law. This war
rant was Immediately executed, and Mr.. Devlin,
who still remsined contumacious, spent Sunday in
EldriJge street Jail The second warrant, which
was. after some discussion directed, in accordance
with the statute, 40 as to require the Sheriff or
"any Constable Of the City Of Nep- York"
to search for the books and papers Of the Street
Commissioners Office and bring them before the
Court was also signed and put into the hands Of
Constable Harrington, who presently reappeared,
with his arms full of books. On his third journey,
be was served with an injunction from Judge
Ipgaham Of the Court Of Common Pleas, prohibit
ing, in effect, the execution of the warrant under
which he was acting. Mr. COnOver's counsel ad
Wiling obedience TO this paper, matters were at once
brought to stand-st, and the books already taken
were ntrused for the present to the custody Of the
Court, which presently adjourned over to Tuesday
next 1t has been charged that this injunction was
d.regarded and violated pc rhaps it deserved to
have been, as being an unwarrantable interference
with superior by AL inferior Court. But, at the
utmost the only act of dsobedience consisted in Mr..
FsrriDgton's not dropping in the street the books
which be was carrying when the service was made
"a pardonable exercise Of dscretion-since not
till then was the Injunction officially brought to bis
notice.
Mr. Conover meantime walked into the Street
Commissioners office, took formal possession
thereof appointed Geo. T. Rogers, formerly con-
tract clerk, his deputy. rice Charles Tarner, Ne
moved and made himself at hor.e in oil respects,
except that, in biz regard for Judge Ingrshams in
junction, be rstrsined from touching any of the
oficebooks or papers. At the usual hour of closing,
lie went away, intrnsting the premises u the care