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

sUPREMK ooURT--srxclAL rKsh.
pefnra Iudaa Peabody.

rr he Court was organised this morning, Mr. Brady sad
10 Inadvertently onissd 70 reser 70 The suboned section
the ordinance, end deeed 70 call the attention Of his
vvposess -seSeoa al. na vacancy ec0uS IN The q
zoe Of any TIE heAds Of departments 70 be appoassd os
hc Cunnoa Council - prescribed by section 46b,
ycr ey end with the advice and consent Of the Be- A,d
q Aderpen snail apsoini person 70 AL ths same, xse
uhan bod sos fr sbe unsxplved tsrm Of Vie pc p \.
uhose place he snMh DO appointed.
David Dudley field, Eq, than rose and vdS-n tAo
Ban please II tho first pisos es thank "a for yeur
a1haness IN allowing NC TO sp~Ak 70 Ay instead Of
eA.rday Let thank, also ny leaxAsd friend On the
posta ESQ., for assep S1g re' dig 10 che srrsnrsasnt
VhscAl~aked knew he " -uld - a. for II is Of MS M
swes ~ my friend y Of temps~Heas which, though
nay times break tao .sty spArks srslgsaway ossd
vgsn, Of maniy osarsssy wAoh Is attendant alwa
s1u gr~a, abihas and high ea sasta The eao IN shs
sse whh We HsPIe~e 70 be eetabhsAed are these NJ.
Joeeph n ,sr ives eisssed 70 tho ecs Of reet O,m
nrioner Of zoe sy OF New Yors November, 1855,
= January ;S, and scsseued !. oiee N the ae Of JuDs
1851, be died On sbe Ira Of Jspe, 1857 Daniel
sosO.s. .s. .ppS.a Sy he sover.s. 70 MI sss ys0sa
people, bearing the great seal Of The e.ase, and he ma
Swes Sfs coverDsr Secretary u state On the 1884,
or - Mayor. He also executed ohcal bond, 10 Inc
yANy Of Ss0I0e, with two sufficient suretes and wont
q ~ 90 ..d Da
aer the he Deputy Street. Oonsissouer, 70 instruct him
% re.s Mr. oonover s.d 70 Aola the otcs TN he re
osaved Instructions 70 the contrary from the Ma,
When Mr. Oouo~er appeared II the No, or's oaias,
Ne Mayor was informed Of his presence and the OBJ
tess Of his visit; and though he waited nearly two
ksws during which other persons psssed in and
- Ne private sce, Mr. Oon0ver kevs without, aud
rONer once and f,sd the bond with tie Comptroller
Who received and marked " Filed June ID. 1861" 1t
vas bon two 0cocs and M Osnover went ai,eot; TO
cords and there nibted his common claimed the of
ace and entered ne duu.s. Turner disputed his
lhoysty but other clerk did IL, and Mr. Conover
named In the inner apartment ap roprned 10 the Street
Commissioner pes ~ and behind the raj, the usual
Ace On Monday morning, The lbh, Mr. Oonover went 70
Ne Office O'clock the hour of opening, and .insd
pas.es.iOn WI O'Clock when he was soaaed by Cap
AaA oshers and forclby elected from the apartments
On Tossd.! morning Mr.. Conover asa,a retursd, and
ID some business as Street Oomuassioner, wnsu
be again seized by The same Captain Of Police, with
re be- 70 remain - s
slough he retains the keys Of the de-k 0n the evening
q Tuesday the Mayor nominated to the Aldermen Charles
Devhn a. Street Commissioner, and they coadfmed the
nonnsaon He escorted into tho Street Commission
srs apartments BY the AAyors police and several Alder
ea- and now remains in those apartments keeping the
bssAs papers, maps and documents, though he Is not
ssenzed by the Comptroller the fiscal ocer OF the city
20 me nesd o. 1s =. ni.. ssTSs aoa no y
nape and documents which Mr. Oopover seeks to obtain
By this edDg are public records belonging v the o.
Sng him discharge i duties Upon these facts the fol
lowing points behalf Of Mr.. OoOover submitted, in
Rnst Point-The criticism which has been made upon
n words ',ocers Of this Sate In OF February
SUs Of os Of sa , SsS
70 ocer who holds his authority under this State
yweAgn an ofcer Of the SA'e. II were not go, the
Mayor need take the oath support the constitution OF
the United AAses, for that constitution only requires hat
uncers ..boih OF tae Unitd ssaes and Of the several
s. So ne ss ooos Ss & requires az o
c, executive and judicial - 70 take the OATH II this does
70 ncude CITY ocers NE Mayor seed nct swear % m,
1eo, seS a. sub Q; l2l, sec So, sub 81 include city OIL
ssrs smmg The officers Of tae Safe Equally Illusory
contains upon the time during which the ad inEssm
Incumbent shall hold. Mr. Oonov,r can In event. hold
ia eosspu.s e,sSs ~ vas lat v.sI. he could have
hesa only u the first Of pext January The words "un
he commencement Of The political year next succeed
NJ the hrst annual election after the happening Of
Ae vacancy II which such ofccrs could be by Law elect
Cd" words Of limitation upsn the continuance of the
vim the same meaning Whenever q vacancy exists in
aay Office In the STATE, the Governor shall oil IL for the
zred term except that IL the oce be elective the cleo
rs shall Ill II at the first annual election and the Cover
s..s .ppcn.na'- ~ .h.n I! no rood only I'LL them
m Ibis has narrowed the questions down 10 two:
First; had the Mayor the right 10 Ill the oc and second,
- the Mayor by reusing TO decide upon M Conovers
bond defeat bis right the OF the papers Of the
sce The consturonsity OF the act OF July ,, 1879 s
applicability 10 me vacancy In question, and lne appio
nsOi
Tbrd PontHad the present Mayor the rigb, appoint
Mr.. Taylor. the late Street Commissioner
ne right Of Mayor ecied under the charter ap
point Street Commissioner under that charter need not be
disputed The dispute whether mayor, elected under the
repealed charters before the terms OF the old on
oers expired, appoint = new etrcet Commissioner
ISSer e ,e % hs 1 . 1s &C and
tsok effect Law on The Is. Of Nay But there
psu Of prospective and others present. In their opsrs
u .~..f. s.as l.~- sA~k
Ge legislative pover shall be vested In Board Of Alder
and Board Of Assistants, refers TO future Alder
reer 70 future officers only, and the twenty nrs section
rcferr 10 future officers.
q nike now tho ninsteen,h section, wsisb In these
words
TIE Mayor Comptroller .nd Counsel to the Corporation
ssa eseh elected By me electors Of be city e Mayor
ssm q rss years and he composr Tor he term Of four
TIE os9 sssSs ss sT S ss s
"a ksySr Nth The AsSce s,a sSa,cp no o. The Bo.d Of Alder
Arm rejec, al nominations OF ofcsrs py Nayo
s y q. .s ,s s 20 ~ Ne mSs shs he
disiely nominate another.
perfectly certain Tia the Comptroller and Counsel
10 be Corporation mentioned In this section NOT the
prcseni Comptroller and Counsel They elected In
1855 for three years each. The present Comptroller
and Coun,e DOT Included, In what rule OF construction
be though, that the preeoni Mayor and prescott
beads OF Department., other than the Comptroller and
Counsel are Included
g. When the departments are no, re organized. the
charter thus expressive There shall be
executive department" SC In the 9th and 2J,h
SECTIONS referring to the croon Aquoduct and Almshouse
departmenb
A distinction II made by the between officers
crested by The charter and tbose holding oces under
The tpth section declares that the Grand Jury may pre-
sent any officers created by holding Offices under this
charter The government OF the city, up 10 the Is,
January next wholly carried by officers created by
ne charter. Amer thai period will be carried wholly
oy officers elected by the people appointed by the
mayor and holding under the charter though 70 The
eoes OF Comptroller, Council Street Commissioner Guy
lnepec;or end OF the Croton Aqueduot Department will
sui be carried by oloers created BY the charter unal
The lat say Of January $780, when the whole machinery
81 The city government viii be worked by officers elected
and appointed and holding under the charter.
The blt section pro, ides for carrying the city
government through these several periods -
Sec 81 The Msyyr. Aldermen provided for
IN THIS act sbA be elected Of the fret election for
cncsv 70 be held sfter the hereof which u
sAa sse psce on the nrs Tuesday n December eighteen
hundred aud nay eeven- AL who shall have
elced under former Affecting the eie~o1
NJ charter officers end shai be Of
sATe OF This shan continue
under hs SGT sha take their once