New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-21
THE STREET COMMISSIONERS CONTRO.
YERSY

SUPREME COURT-sPEeIAL TE.m-sErr. Is.-Befoss
Judge PEABODY.
Tb;, case VA. continued according TO adjournmen
yesterday 1t Mr. Brady made the closing argument 10
Mr. Deyn He prsfsesd his asumen. By sudins 70 VIA. h.e
and said that be would undertake TO that the decisions
MT Justice Insraha had been les. fequeny reversed thai
those Of any S BE- nj n Of honor md q much judicial
men. Bere he would leave the dignity and comfy Of Courts
ed and elaborate argument Of his points .ad hnissed
with an suson the danger there was 70 the judiciary. one
Cont was ed 10 control the action OF its equal and cosfd
nate Mr. BIsdy. argument occupied nearly h,.s ho.' and
at few minute; three the Court the case un
~ ma on MondAy when Mr. Field viii close on the pat Of
THE OLD poLIcE-rHE wRITs OF aAsDAaus euAsHED
JUDGE PEAyoDY's Decision.
TIL. People ON the relation of Patrick Murphy ss The Police
Commissioners.
The plaintiff on the return Of an alternative manoe
mus, asks pereptory msndsnus the dsleHdAn
10 ADMIT the ea.or to ONCE nights and powers q poce
man OF pstromar. The defendants move 70 qGssh e viii
for The Metropotsn Police District and no. to the Board OF
Police Of said district The act creating the officers tes ns
dutIe, and powers Commissioners exercised
IN and a. eubeIs Of the Board Of Police and a. oe
and poye of these TO be exercised In the Doo
and this class Of the only members Of ae board
the address to them COMMISSIONER msnI % w @ r
came tknr effect the address to the Board "nen ~ W
This not the case several csses ases dsySe
on them individually CenHissonsn DOT - INC o"~s' VI
Section 20 for instance sOnfss certain powers on such Com
nson.y indiy,dnaly and personally The Commissioners
when acting in Official chAra'ter do n9s ~ay. act e.
hoard of Police but have powers and owe duse Somns
which Do reae the Board or TO them as mem,
bers Of 10. -.
,,itute the Board Police although always members
they not when acting board tne enie no.S VI
Police The act. D. provides for the spsoinnent OF nve
Police certain manner aud nowhere That
10 toe number spoken OF a. more tnan nve NOR
there any ntnson contained in that the number OIL Cna
moners therein spoken Of should be than Eve the
contrary nanbcr provided and the whole number eonte@
pted that any part OF IT, seems 10 be hve ana ave
only Aer providing for The appointment OF
section proceeds: The said Conlssione tosetaf Sth
'the MAYORS cities Of Brooklyn and New YORK. 1 oso
the Board Of Poce," &C. and majority Of
-tbeu shall institute quorum Of such Board &c. .
he two Mayors heoI Constitute toe
Board The Comnssiopers alone do no. constitute It. The
Mayors are ex ee nlsmbesthe Board but they not that
perceive Connsoner unless meinbeIthip OF the Board
makes them and 10 docs only makes heo % wnen
sctiDs the Board and members Of II Out OF tAe board
they Copmssiope and precept addressed 70 the
while acting IN the Board, they ne, members Of H. So"
nstioaefs- , =, ..-,I.,
Bu there nohus that discover TO lead 70 the opinion tns
eyck while acting IN he Board they arc ey fseson Ed
b.nhip ConuisssOnsr IL nowhere ssId that me Dotta
ahall be yosed Of Commlssioner or that we
are sueh il tho; character on the contrary, o
have quoted suggests PLAINLY the reverse CON-
Tbs and Mayors, ssys "a - Of
pose the Board aud the Mayors memoers Id nd Aey
E.w-York and Brookfyp where In the act .5leu
within tse language Of the act - IN. Corpm
The Board Of P6bee 10 not composed sn.. icy M.,ors
or.ts but Of ave and the two go q. Pc
The nunlber Of Commissioners hse III -. 10
Nee consists 81 The WIZ IL n,Y,oa,
the Commissioner. vas lot even e. on, Of TIE ssye.
who posed the Board. sut enJ ~
Members -, 81 he uen,ters u The
Rs.d 10 he N m ar, ,saal chaIsseJs a. :, I, -
err and the ;w0 3syors ,ce-he~s
~ S.,s., III TIA: .sss sosld ss'e tten b<fA s(srec
~ court ~, 4 shvuI$ As.s f-e' ~ Sss'' - ~ ' W..