New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-04
LAW LVTELLIG ENCE.
THE STREET COMMISSIONER QUESTION

SUPREME CoURT-sfLoIAL TESs-JuLY Before Judge
ROOSEVELT.
The Meyer Aldermen aud Comnnaty Of the City Of New
York agt Daniel ID. Con0yer
On Thursday evening Mr.. ID. Dudley Fed, counsel
for Mr. Conover the Commissioner o: Streets ap-
pointed by Governor King, was serve with copy OF
q complaint in action commenced In the Supreme
Court by the Mayor, &C., against Mr.. COnover, and
on which temporary Injunction, restraining him from
interfering with the property in the Street Comnis-
sopers office, had been issued by Judge Roosevelt.
The following is a copy Of the complaint and Djunc
ton:
COMPLAINT.
The Mayor, sc. agt. Daniel d. Conorer--Ihe
complaint Of the plaintiff respectfully shows to THE
Court:
First. That they are municipal corporation, duly
created under their ancient charters and the laws OF
the State of New-York;
That there is an Executive Department of these
plaintiffs which has cogDizance by law OF opening,
grading, Tagging, curbing, gutterlng and lighting
streets places and avenues Of building repairing and
lighting wharves and PIERS the construction aud re-
pairing of public buildings and places, and the filling
mp Of sunken lots under the ordinances of the Common
Council. The chief officer Of which department Is
called the Street Commissioner:
Second And these plaintiffs further show that on
or about the - day of June, 1857, Charles Devlln
was duly appointed by the Mayor Of the City of New
York with the advice and consent Of the Board of Al
dermen Of said city, to fill the Office of Street Commits
siOner aforesaid and that said Devln took the oath
prescribed by law and duly filed his bond as such Off
Ger in the manner prescribed by law, and said Devn
is the Street Commissioner of these plaintiffs,
vested with all powers and duties appertanng TO such
Office.
Third. Ard these plaintiffs further show that IN the
Office Of said Street Commissioner, in the Hall OF
Records Of the City Of New-Y0rk, there are divers
maps boks and papers Of great value, which are the
private property of these plaintiffs AND that the same
are and of right ought to be in the possession and
under the control of the said Charles Deylin as the
Street Commissioner of these plaintiffs aforesaid
Fourth, And these plaintiffs further show that the
said defendant, Daniel D. Ccnover, threatens TO re-
move from the office Of the Street Commissioner and
take possession of the said maps, books and papers
now in said Office, and 10 the possession OF said
Devlin; and these plaintiffs fearful that the said
COnOver will remove or take possession Of the same,
unless restrained by the order OF the Court, to the
great damage and ineparabe injury of these plain
iis and to the great damage of the Mayor, Aldermen
and Commonalty Of the City of New.YOrk.
Wherefore, these plaintiffs pray that the said Con-
may be restrained by the order of this Court from
removing interfering with dsposing of, or taking
into his possession the said property OF the plaintiffs as
herinbefOe described and that the agents. attorneys,
sOcitors servants persons in the employ OF the SAID
Conover may be restrained in like manner, and that
the said property may be declared to be the private
be made perpetual and that such further other
RICHARD BUSTED.
v and County Of Netp York S.: Fernando Wood of said
city being duly he is the Mayor the city Of
and of the plaintiffs the above entitled action
and that the same Is true Of bis own tnowledse except to
those matters he believes 1t to be true x ,,,o
WIN Ii. STEPHENS.
INJUNCTION
Yos bella at the City Hall IN the city New YORK on the
9Th day June 1851 Present, Hon. JAMES ROOSEVELT,
The Mayor Alderman and CommOnaly the City New York,
agt Daniel d. COnQyer.
On reading the complaint in the above entitled &C.
ton verified by the affidavit thereuno subjoined and
on hearing Mr. Busted, of counsel for plaintiffs, is
ordered that the defendant show cause before this
court at special term thereof to be held at the City
Hall in the City of New York, the Sd day of July
next at IL o'clock in the forenoon of that day, why the
Injunction demanded in the said complaint should not
And ii is further ordered that the defendant in the
meantime be restrained, and he hereby is restrained
from remoyDgj interfering with, disposng Of on taking
into his possession any of the maps, books, papers,
or documents in the office of the Street Commissioner
of the city of New York. in the Hall of Records in
said city. Signed, X. b. CONNOLLY, Clerk.
The matter came ON to be argued in the Supreme
Court at lloclock this morning, before Judge Roose
welt, when Mr.. Field submitted the following affidavit
from Mr. Conover against the motion to make the in
junction perpetual:
City and County Of Nerr York. Daniel D; COnOver being
that Joseph s. TsyO s,Sa ss s Of
1855 for three from January 1885, that the said
' S sh S
when he died "a, ,o., Ill,
.ppoina By Tie the Of to
the said office of Street Commissioner occasoned
Of the said Taylor that Commission with the
great seal of the State issued to him. signed BY the Gov
srnor countergned by the Deputy Secretary State that
Sled oath once and duly sicged viii :StseR, sure
s and hed sns Ssfssy Sse% Sfnq a done b S to u
iy himself for exercising the duties of the said Office
Of Office and ocia bond az on the 18th day Of June last
entered upon the duties Of the Office to which he thus ap
INTO e RGydd By the city O Nsy
during Of the Office hours of the 18th of June the
whoe Of the office hour. Of the 18Th and part Of the 18th
sone until the forenoon of the 10th of June he oci
bly, and wIonguy elected from the said apartments by one
Bennett acting declared under the orders Of Fernando
Wood, Mayor Of the City Of New York. 60,
hast. be presented to Mr. Justice Peabody Of hi. Court petit
s% Od Hl
ing been duly served Mr. Dsyn the application was heard
day June and is still. pending before him undetermined
And this depolent further saith that the maps books papers,
Street Commissioner are public records and not the private
property Of the Mayor Aldermen and commonwealth Of the
and the Of the thi. deponeu cannot
properly and fully the duties of his said Off ,e.
remove from Office Of the take POI.
session Of the said books and documents any
Peabody, D. D. CONOVER.
JAMES W. FARE, Commissioner Of Deeds
Mr. Field then submitted the following points for
defendant:
p First; The complaint makes no case for an in unc
tion even supposng it all true. The court cannot
grant instruction to restrain mere naked respass
John, oh. 1885, vesey, 80; Gren's, oh. 40.
Second: This is attempt TO interfere with the de-
termination, by another Judge of question pending
before him. Judge Peabody has heard the case and
is competent TO decide it any other judicial Off
To seek 10 withdraw ii from his jurisdiction and
bring Il before another is as unprecedented as it
Third: The Mayor, Aldermen and Copmonaty
have no title to the books and papers in question,