The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-24
Application for Certiora,f Against the Police
Com missi0oers.
SUPREME OoURr-sPEJIAL TERM.


Commissioners.
SUPREME OOURr-sPEJIA L TERN
Before Hon Judge Birdseye.
JuLr 23-Richard Gambling w. jacob Cho''oA and on
es, Commissioners Of Police.-Gam6hng applies Tor the
allowance of Law cerorari, for the purpose OF
reviewing the proceedings Of the Board Of Police Commits
souers established under the act Of April i5 1851 He
alleges those proceedings to have been irregular I'm
proper without authority and without jurisdiction 1t not
now airy TO decide whether the acs Of the Com mis-
one of Police be reviewed In the manner sought to be
adopted. any power exists TO review the acts Of the
present Commissioners In this manner, toe same power
must have existed review the acts the Commissioners
created by relation TO the police III the city OF
New York. passed Apfii iS 1909 but. 80 s "a, .nc
couree has been adopted for supervising The acton OF
either Beard OF Police Commissioners or or any OH ers
who are with the Cover of the police With
out passing the question Of po YER, am unwilling to al
low the cerio applied for The allowance OF this srt
n matter o. Iga ,ssn ssnaa me bso ,Sa 70 w.
sue the writ upquesonabe, and where there was ap-
parest In the proceedines to 90 reve we'd tue
writ has b. en- mpr opery awarded II may be Qua,hed,
even aft return and hearing the merits Where the
writ wi operate public Inconvenience should not be
granted (see the People vs. the Mayo &c of SeT York,
Biz Q In the matter OF Mount Norris square, II. IL.
The People the Supervisors of Allegheny Is Wendell,
1893. Munro v. Baker, 6 oowen, sse; The People
vs.. the Supervisors of Queens, Hill, 1915 enc
People vs. tho Mayor, &c, OF New York, aS, 49,
1t ould certainly be matter Of crave public ineonve
neLce, bOu solar tOM court ana euto'B In
,he Police Commissioners, aud the important public inter
ess committed 10 them concerned n, by the uso OF
tAe of cerorar this court Ia to be required 10 review
all the decisions OF tn Commissioners, 10 removing
nom Office the under their commad. Before liking
any step tending such result The Court must be fully
satisfied Of existen only IF the evror but of
urgent necessity for thus intervening to correct It, The
practice Of the Court has long been conormed To this
obv principle In the of the People the Super
Of Queens (ub suprd) was held that ths party
against whom writ applied for had right 10 read
opposing a1ida Eits the motion for the writ Aud In
Munro Baker ubp supra this Court set aside cerora
irregular wh,h had Issued ~ out notice and with ut
shown by affidavit They said I" that ust
be shown In al wi cedorar Ia brought
70 review the proceedings of an inferior jurisdiction
for error. Il is never, OF course, except where
1t Is seed out BY the people 1t were otherw
we might have every p0y judicial controversy
in the state before us.' The consequences of
Intervening In class Of like the prcsea except for
the most urgent and satisfactory such as to
induce caution 10 breaking down established safeguards
The application for the writ Denied but reasons
exist OF sufficient strength TO the nerposon OF
the Court denial be without prejudice TO the pc
ttoner's right to the application notice TO tho
Commissioners Of the Police and serving them with
copies Of the adsvits which the writ s applied for
Al they charged with the performance Of public duties
they should have full notice Of the notion and order to
show should not be granted 10 deprive them
Of the benefit Of the rule emitting them 10 0ght days
notice,