The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-19
the STREET COMMISSIONERS TROUBLES.
Judge Davies Quashes the Certiorari
which had been Granted by Himself.
Judge Pessody Grants the Orders for the
Arrest Of Mr.. Dcvtip.
nl. Cpnoyu 10 Possession Of the Books 81 the
Street Commissioners Department,
~6R. DHvLM CONFINED IN JAIL
Ehc Cor5orart Case-Judgc Davies Quassles
Gne Certiorara Granted ny Himself.
sUPREng oeURr-sry0IAL TERN.

sse Certsorars Granted ny Himself.
suPRxss oeURr-srx0IAL TERN.
Before Hon. Judge Davies.
A IL O'Clock yesterday forenoon Jadge Dawes
vysd The s1psnsdeas in oertorari oase upon which
warrants were nmsis.eiy sDred BY Jodge Peabody for
no arrest Of NJ. DeYnn and Tor production OF the books
and papers OF tho Stress Commissioners ONCE The
hon Of orco arrested Devin n his cs1ce and conveyed
aim 70 Ao Kd1,dge s,roe. jail, whore he st,l remsirs
NJ. Turner mado some show Ct resistance but ne
SNs forc,sly compelled TO leawo by Mr. Conover'
Who then took his ses., and announced thas he
vas prepared 70 transact business - Street Oomn.s-
uasaw Quito . crowd Of congrGtuAtng frends sur.
sounded him, but he seemed 70 take Tho matter very
gYsvsly, and soked his mousts0se with apparent sats
notion.
when Judge Peabody rad egned the warrants Mr..
nNdy announced hat Injunction had been allowed BY
ysAsc hgraham Of The Common Pleas, restraining the
Sheriff any constable from execut,g hose warrants.
NJ Field said he hoped We Cocr: would rample under
- feet IN few nomens constable John r. Harrington
esscred the oo1yt with the first instalment Of the
Hreoa Commsslsners books. Judge Peabody adjourned
un O'Clock, until ali ths books and papers could DO
yrsducsd. Tho following the law procoedEgs before
eAs three Judges, which brought on this crisis W the
snNrs Of The Street Commission Of ths city
NO motion In this matter supersode the writ Of oero
uar proved upon ,he allegation hA, The proceedings be-
IRE he officer which thought 70 be review Cd by Is,
sss yet incomplete and unsshsd me oecc. Of the WI.
\ 70 obtain Judgment Of his oour before the question
Decided BY The ocer before whom these proceedings are
pssdng writ OF eerrorsSi IL The appropriate remedy 10
oeedinss Of interior tribunals Of record, sad toe ~r
h generally allowed ~ matter OF course unless APP
,ssss ss'a Ssssy
By tho court In ito return, aud no, ursrceuentiy
..s"sdoa y me court .SS.ns !. IL ne pro
review Of the proceedings had before one Of tho Juscos
of his cour, Pursuance q The provisions Of article s.
tile 6, chapter OF para OF the Revised Statutes Tbs
sruce is en.ed "poceedinss % compel the delivery Of
books ana papcrs BY puohc od1oers 70 her suocessop
psrsoO sbsi be renewed nom once bis tern shall
pre- 10 sha demand deliver over 70 bis sroocssor all
sS ana pape " u. az o S''e os sdsn %
auy person shs refuse neglect 70 deliver ever to sush
sooossor any books or papers a. reque such SUCCESSOR
q dc sapseme Cour, Circuit Judge or irst Judge Of me
county where tho person proceeded against resides, and
Nd ho anal grant an order drecied 70 tho person reas
inG, 70 show why he shoad NOT be cnmpcuet 70
. proceed and inquire INTO INC cucrni. Ances the por.
son charged with Withholding the books and papor, shsn
ahe oah that ,hc b: truly delivered 70 sssa sue
shall GEESE such ahdsvit "a not made, ard shall Al,
par hal such books and pers are ~hhold such oeer
required commit such popon 10 jail, there 70 remain
anti such books and papers delivered Section o. OF
~ s provides that such ocer, required by tho CON-
pAask, shel isus IN warrant oonmanr Ing such books
- apcn 70 be hrergh hot@e him. and no shah shcro
upcn proceed 70 lnqro AMI examine whetnor ho samo
ian 70 the once, he shal cause hcm " Ne delivered 70
susb section SO nth orizcs the same prooocd
nss 70 DO Instituted against any person 70 whse hands
shAn any such Rocks and papers, oclongng or APP
pertaining 70 any such Office. In pursuance Of those pro
VISIONS sw tae rooeednss have bccn mt iied oefne
the ustos 81 tn Oour and Of the uno o. Application
of The psnGnl Tor the warrant 70 comu consequent
~ the rsfrsai OF he porson compA1cd d 70 deliver
saeh such books and pser,, compaocc with Tho order
q such officer AID 6; The lms q tho application FOR
sAs search warri 70 bring sucn hooxs and papors DO
fbre such officer, that &c might proceed 70 In
uulpa and, VIII
ssch Office; and who such applications were pndpg, and
before No same we're oesernned, NC person roeeied
aran obtains Abe writ OF serora for the purpose or
having suchprooecdnEs renewed INTO tns court think
apparent, from The pcrrsh OF ihs statute, that INC
Legislature intended by ~ eaactneu, 70 provide rr mo
moro speedy and promp action 70 compel delivery Of
books and papers 70 public officer, which were wnned
non him. rhs duties Of such ofhesr could not D. din
charged whou, such books and papers, aud any delay
N tbsn delivery would cause great public noonvencnoo,
end isht, by apre concert In body OF public oocrs,
cnascly suspend tho functions OF government no OBJ
vac and prevent oaaaies - dsasrous " The public
welfare, tbesc sirngcrt and prompt remcdics were pro
v,ded Tho proceedings wro 10 BIO taton before such
oaes Of osors tho Legislature judged most sac 70 on
,at with me exercise Of this high and delicate power.
eY s se pOs.esson By oy.ry paoS oos * Ss bscs
papers OF his ONCE esscna 10 the dschArgo o. hs
yrov,Aious arc not made for the bencn. OF the officer,
Bot for The safety and convenience OF NE public NO hal In
% Contingency ,h. any public o1eer be dopr,ei Of INC
o ednxs determine nothing 70 the right Of the conie,
ns 70 ofco apprcIriais and well known aohsn,
Gus STATE, is IN Al courts 70 have prior, all o,h,r
sasss, y sh., is prompt dec scn may DC arrived at b'
nv cr Interruption in INC dsshrc u The duties Of any
pabuc once true that they are not " be invoked py
any Who sos up claim 70 hs oncc Tor me purpose
sflpuualg himself and ousng Tho rgh fol pssossor and
shs Legislature the selection Of the officers authorized
10 this s,ais, have secured - them every guard
Jsase Of this state h said that can officer, acting under
Me statute in question, has no rgts 70 Grant the ortss
frsm ali ressonsbe doas, Two Of e Justices Of This oou
have decided that The claimant OF those eoos and papers
h fr color Of Tue 70 the ONO 70 sh'sn tnsy aPper
The proceedings pending has decided hat the claimant
ssoccssor IN once Of the aie ctmbeni, and a. sach
him 10 discharge NE appropriate duties OF his Office.
sossur in the views Of " my associates Expressed
The books and pagers 10 the claimant ssd effect
strain ne proceedings OF the ocer In the matter then
.e'o,e Slm that "ssouSh no, bound ~ sne ae
controlling consideration In maticr addressed W my
fc's dscrs uon an4 my sense Of judicial htnoss The
public order and The hs monsous acton VI the Judiciary
vae substance observed by late distinguished Chan
osr, more important the rival claims, however
s1ur Iu,pesor, and street Commissioner Those con,
saersions induced me, when application Crit made
ZOE the wr Of cerlorsr, TO refuse accompany with
any stay Of prcceedpgs tho subject being brought
again my notice, 70 make order that tho writ should
s 70 any w1 1 osSns, s.o,o " y or iDserrIpso1
supped that all his judicial action had terminated and
thai the erect Of ihe vial w~ 10 bring In revision solely
no osc sight Of the intention Of the statute have suoh
dssvery speedy and effective, nor Sd think the party
prccesdes against had remedy. 10 his right afier
compliance with The order OF the officer 10 hsve the cor
rcctne~s OF his dccislou reviewed IN mis- Court II evi
coce vii be received, apd The papers snd books viii be
returned 10 him n correct every consideration showed
that The books and pspe should 90 aohvereu 10 oomph
ssoe viii The eier. s beiicr that the parties 70 this
ng shn be put 10 some ncouvonience ono rrb
sanral eUh Mn 10 jcorardcd by compia win th:
ord,r ihsk that public statute, passed ior wise and
ccn~fica purposes. ard essential 70 The due admins
srnllen az government and the discharge Of the lutte,
az b Iubhc cccrs, should be practically set az nAueht
n w~ oonoeded m mo argument thai the allow.
reetcd IN the discretion OF The Court
ench discretion, however, 10 be exercised with deep
- of dirty wen 10 the applicant FOR the writ 70
NE right Of The public and the Consequences which might
foo~ frym srsntsg The case 81 ynde and Noble IN
20 joan shows that IN should be granted Until
therv hos been ana sfjudicsion az the matter By the
90 go before vhom me processing IL p-nding And even
IN such n. been refused, where the court saw
. treat nus,c ard wrens might result from i.suns "