The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-27
The Nandanus Against street Commissioner
Dcvlln.

The Nsndsnus Against street Cen,nssssoner
DevIln.
sCPRKhE CoURr-sPBClAL TERM.
Jcsh 2e--Ddxse. %. Op7ousT e Ohas. 2tvno.-rbe tes
mony in 'his case having been closed Thursday, Mr.
Feld counsel for Mr. OonoveY proceeded no. He
by rayng-The circumstances Of this case
INTO which your Honor fell your duty under the sAsne
INQUIRE not difficult 10 perceive, Notwithstanding tho
nature OF the testimony aud the poveness
with which some OF the Witnesses have Sworn. On The
lah Of this month Mr.. Concver received from the Gov
erncr-,he highest executive officer Of the Sasca
MISSION to fui the office Of Stree: COMMITS, ioner, the
vacancy having been oocasioned by the death Of Nr
Isy who had been elected by the people. The Office
vacant; there ne one in possession on whom Mr
Ccnover oood any papers, and no proceeded 10
execute hrs official bonds 10 take his official cath, and enter
upon the duties Of his Office His oath Of office was nnade
before Recorder, and fled In the Mayors oios
With Of the Mayors clerks the bonds executed
by unesceptcnsl suresee, and was therefore the
duty under the nw OF the State 10 have approved
OF those bonds the suretcs acceptable; bu. tina
funetionary shut himself in his oDoe, and would not
Mr. CoroveF, though he knew OF hts Apo rtment
early O'Clock the Mayor told Turner Keep poss
the ce OF Street Commissioner and into
II until the appointment made by hi nself and tho
Board OF Aldermen. The Nay swears that be m
being his ofbce at that time but the Chief Of
Poce yet oher witnesses that they the Mayor
glance iurtivtly of his private while Conover
In the outer othoe; the Mayor, however, would sec
Conover and be then left Although the May denies it,
is nevertheless true that Conover was there Mr. Como
hen went 70 the office Of the Street Commissioner and
stood desk during the whole day claiming 70 be Street
Commissioner, with not single clerk dspcrg his autbo
rty, except Mr.. Turner he remained there until 1
O'Clock, when he turned out by mob-by whose
ders point of dispute, but L. point Of dis
pute the Captain Bennett that he
DID on his own authority, and MOI by directions Of the
that Bennett protested be his fead, and
what he did done UrwlDgly and by the authority OF
the Mayor The next morning Mr.. CoDovcr went TO the
Office Of the Sreet Commissioner again. ming perform
the duties Of that Office until he again removed by
violence and by nothing Else but vioence the City Hall
beseged that day with ss'embage o. hungry
pecans The Mayor kept possoesiou Of the City Hail. aided
by the AiermeD wh Wilson and Clancy AZ their head;
and finally We ind Mr. Devln escorted 70 the mice Of
Street Commissioner by the police and he akss possession
Of The room and got by violence is put In
aswer claim 70 the office under the appointment o.
the bgbett executive officer In tho State possession got
by violence never be legally maintained Tho Sheriff
and the Deputy they never took possession Of the
though his affidavit he (Devp) that tho 5herT
held possession OF the beoks papers and furniture o. the
Office under levy, that the Judgments m remain unsats
the lawful custody Of the Sheriff. who permits him tDevliu)
the Street Commissioner discharge OF
his sSvssrs-ne did no, moan bis legal sdvisersNhsye
done instead Of appe ang TO the Law, they 60 with
escOr, of 500 with clubs, aud take possession Of this
Oh, Mr.. Conover, you must seek the law"
Mr. Field now proca eded TO the law Of tho case aud
first commended tina. Mr. Copover has been duly appointed
to perform the duties OF the ose Of Street Commissioner
that the cons uton OF the Sae hiss eDjoned upon
ayo. .D D'sss sr s Ds IF s
Iaure, by the act Of February, 49, provides that when
ever vacancies shA exist occur any OF the Of
for iHpg the same, the Gov ernor shall appoint some
suitable person, who may 30 eligible 10 the Office ,va
cant, vacant, who aha execute the duties
thereof until the commencement II political year next
succeeding the fret annual election After the happening OF
the vacancy ~ which such ON yer cood be BY Hw elect
connieiner. Therefore,, uhieo usve IL subsp
ONCE The Soyernos must an IL Mr. FIELD thsa srsusd
thai by the charter the oD statute office, continue
the proper ocer in the sa,e the xAyor and Aldermen
have nothing 10 do with HIS ,ond point Is that Mr..
s.T an o. for
up 70 bm Of the books and papers OF the
S sc s.s.u., ,' n. q Court .vs ss Ss s ss
papers to Mr. Oooover, NJ Dsyln can bring quo
ron and then the tile Of the Office can be tested Coan
sol then referred N the OF Whiting In "a Barbour
where Dr Childs busted from Office and Dr. wkaiog
appointed In his place by the Governor Judge Edmonds
then held that the Governor had the right TO appoint In
the matter of Carpenter, In It'll Barbour Scott and Perry
10 Office, and lssued BY the Governor
sSned The css. or Welsh and Cook IN .sS Bsreour
alec referred 10. His Third point, that tho oe-
cctn that Mr. Conover had not tiled hs oath OF Once sod
official bond, IN not tcnabe He hat taken the oath and
no, being able 70 see the Mayor, fled IS In his Office with
BIS clerk He had executed proper bond with the re-
therefore fled with the comptroer, With ~; the
Mayors approval. The Mayor could not defeat the
Ton Of The Office BY refusing 70 decide upon the sun eacy
which Was bis duty to perform derencton OF duty
by the Mayor cannot deprive him OF his oalce the
public OF his services. BY section I'd Of the
charter the Common Council bound 10 provide
for the accountability OF city officers by requiring
from them sufficient sureues 10 do lhs there NUT
n n
done until last evening, Mr.. Conover moi Obliged 10
Ale any bond. He maintained that the approval Of the
bond by the Mayor not condition precedent 10 The
occupation Of the flee The penalty for executing the
necessary preliminary bond oath OF Office the for
the State But supporting The approval Of The bond was
precedent 70 the occupation Of the Office, be commended
that Mr. Devin was an intruder and had no more right
than any other c,iren TO inquire question 10 Mr.
CopoveIs right On the fourth point that "there is
force In the objection that the constitution r TO- y
should be elected BY the city electors or spponss by tho
city authorities" he commended thai this article, also
70 vacancies The OBJECTIONS were .usSs there cOps
shcrns County Clerks, p.rscs Attorneys OF ooroosrs, a.
in tbcss and other cass In conclusion, he said 1s he
believed he had said enough show the right Of hs client
toshc once, and o. his action In respect TO
ARGUMENT or Ms. BUSTED.
IN opening Mr. B1stecd stated that while agreeing With
his opponent In his view Of the difficulties OF the case be
totally ds.seea with him on the s- and he fsc. rhe
could have grown the grave OF tho late honorod
ncumbent proceeded make appointment In hs pAcs
such q manner &c commented severely on OonoycrIs
haste IN attempting 70 posscw the once without waiting for
.. hour % see me chef @.s.ss n No o Who toI
would approve or dnapwoye Of bis bond Il had been
stated evins only claim 70 the odce wAs the forcc
ne zoe ana 20,
twenty mem The highest STATE authority could not emit e
him to take possession Of Gay once lie contended thar by
th.p