The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-06

A,ps within ~ ursdictSp Inferred by hi.
stasue." BE ayr an is obvious that the L'ssa-
taro never the Judse should tbs
70 enforce TIE delivery OF books ana papers ssast az
ocer e faa where he le Of the app can. 70 the Once
once free nom reasounbIe doubt Poop w seohsns
8 hin olb note % An officer acsnx under the
or ar usyed for uness he title Of The soo AN, ,s
clear and free rrom reasonable doubt; and
that learned Judge oop,idered hat the fact
Of ther being ~ her claimant for the ofit g. and
TIA. he In ees altered In their vie ~, Of hs clamapt,
tile Vas A. acer, ev ,deaoe tsa, The tile ras
NOT free from cou bt sod denied he 10 aLo
Ia. W.,,"a haS - r. .r ~ Catp.n,s- ~ as,nor,
= Ran n ~ vhe.e he .a,s az the pet,tionsr mas no
title TO he oice other Oh ect rus are sucernnou, Even
N reasunahe }oub ex,. nd a N the tie Of the on ,e
Jpdgs m oh, m her, open, moi this an mayv wav 10 ds
use of The question hi. pyooeedipr VA. ouls iueuted
faco title to the Office and the defendants we're clearly
ncopestiblv wrong and IN the msitev of whiting Bar
bouT g Rep bls JUST ,e Edmunds rsys IL /, c,ui
be made 10 appear ID at the Governor AMI uNs had no
rcbt under the copstuuop {, ms re an then
The com, sisaps r,a aa right 70 the ~oad
pece ssaJ fail 70 the ground and his pcauou be di.
m,ssed refer 70 these decsions a. being ali made bv
armed Judges of The suoreme O,urt a TO power. IN
der sa,ue in all OF which they agree sA,uts
was only Intended 10 he used for peon having clear aud
undouhted title to the one ana not shere the cls,mants
tile TO the ONCE was uhtfu or where more ,nAn one
ella med a right N n of the books and IN ers
by yirtne of en- appointment 70 the ofe 4, GRO, ar 70
add that when tho gu, stons depend upon matters OF fact
70 proved before the Officer HIS decision uoon
conclusive md cannot Va ,er,ewed b, hxb az ooruus
With the decisions of Judge Peabody ON matters OF fact
cannot Interfere AND o, er them no power Of re
view Ills only TO the paoers submitted 3, him a the
foundation OF The proceeding tina, can 10 in ,nis
inquiry ater the peccssarv 10 sussn the
.arrnt If on those proceeding. It appear tia, .he
aia n mas been urged thai color Of tile was su 70
sustain urisdicon ana to some extern, cor cede thss
nile IN be proner n n aupear. nv the apobca,op thai
,hs s ma s 20 .nS .na W.
person q. med 2 have. tight 70 he anne ol.s such
The snn,er C,urt as In cve him horv 70 sn.sitne an
IN curry ana try the same II disputed, BY .akps te.i.
ooud not be yeve ed except on certorari ana Iudye
bsvpe the matter before him on would be-
Claimant not NV se,. out hs own tle 70 IN ofcs but
s,o ,hovs tba he e,tv ~, NJ he hrok. ann
papers claim. 10 no the oce hms.r. BY virtue o; an
whn A east "a much DIOR of t,e a,
that of Copover and uor the face of the ,pers
60 to the uoee there spresrs at once The defect snoh ali
satal VIZ Thai The cir, mani has No. a clear lille
10 he cree which be CLAIMS 10 h,ld and
therefore canno, obtain the order fer the books
and papers demanded The Judge ia his vie IN OF the
construction OF this statute seems aspesed TO exercise me
DO yer Conferred BY II In case having less right eren
than color Of e for he ,ays am inclined 70 20 further
tan those ue. and limit the application of th. prooe ID
ing of pos, merely question Of title
should DO; be tried ALL rgn, Of the
shown Such vie~ of the &C, 10 Direct q. vsrisu, 70
with the decai ms of the Judges 10 Who have referred
and carnot IN my Judgment, be sustained II Il be cor
ONCE obtain possession OF the books and papers
office without right authority aud deprive the pablo
thereof 10 the great manifest injury the public 10
Ares. The successor TO Officer who 10 deceased can
only be the person legally entitled 70 succeed him The
fart of succession does not depend upon pos.
SEE ion, but upon Ii lie, and the Law can only
know legal ssor, and thai u the entitled by
aw to held the oncs which he claims he has not tue
70 The ooe, he s not the OF the previous
officer he mere Intruder, and whenever the rights OF
the party 10 the Office esAblnhed the intruder will be
emoumsns 20 iAr a. third persons nigh, suaer II bis
want right EXTENDED to them, the law for tner protec
ton holds the aca OF sucn rson while G Jdco IN oncs
vshd out no lurtoer ana no right o. cAm or nmscn or
- between him ana he pubic can ever be made good
As TO every thing else but the acs performed oy MIN With
third during the time he was actually In The once,
the law annuh and renders them Of no efecs Such
peon can never be called tie successor Of another He
q noe the omoer-ne Goes no succeed u oucer, ana
mercy suoceeoing IN me posseson And nos 10 inc ren
70 an otce cannot give any authority to exercise the
rlgne ano powers whcn the NV glves 70 mo SUCCESSOR
Inc question tnen arises was M oonover ne successor
Taylor - Street Oommssioner AZ the Time Of tbs sppca
tom lhave already stated ~ ny opinion thai 70 De such
successor within he meaning OF me statute he mus have
been legally appointed 70 the lice, apd mat mere Ne
sees,on Of the Off without such right would moi eune
him 10 the granting Of his application. Tte compald upon
vhich Mr. Justice Peabody acted 10 granting the order
shows that Mr. conover claimed the ONCE Of street Com
missioner by virtue Of appointment by the Governo Of
ne s ., M ssw N saSu O
Their the Governor Of the possessed the 20
make such appointment The did not, then the claimant
Ace, but Was q me'e intruder ard was NOS
entitled the and papers which hit 10 obaa
while The other band n snch appointment leg al,
Mr. Conover showed good title 70 the Office and sho sd
also the poe ess.on OF sufficient give tho Deoes AIRY
jurisdiction. he Office ~ Street Commissioner is not
new ohre 90 long sso 1880 recogr red by The
ordinances Of the Com Council Of city Ses YORK
unc er The title OF Street Commissioner (See Revised Ou
nances OF the Com upcil, 1889 35) Toe street
Commit, q cit, officer, ahls he'd
the local authores suhec 70 their CONTROL
h dugts solely under their direction limited county
ar 20 his DOW ers ana dutes aud deriving his 90 npen
ton from the city treasury Tns Office vas M ed
IN The vsous charter, grsn,ed previous 70 thai of ls4s
N e charter Of 1850 TIE Couron ounc vas directed 70
spise AND appoint d.nc, departments anssss tho
ey,cut e business Of tho city char 1850 (sec 81 DavL
OF % 202 Sp-rt, hereafter IN rruauce of suco
provopr an or zss ,asted orssnizng this Depart
spt under the tile Of the rect sners depart
me Mt and pac,ns n ito head the Street Tom ssnper
fSe or,uap. a. Of Com N, a Dor neil above cited rms
dep .r,mept sA continued by The ordinance of 1880
Nav o. after uhicb the Ordinances of the Common
o. prned In force without h. M re ena tod trisppia "a
was Tor merry necessary 10 the chatter of Is4e the ie
ntmen. IL eoniIusd .ih the same title ana III same
ocer at N hsso but gith enlarged DO charter
Of is4e sec 10 Dav l. OF v Y % 2O7)Eapd by an
ordinance OF the Common Council pa,.ed Ma 30 1879
The departm nj sss reurgar zed ani the f,mer ordl
office : &c, ra,