The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-27
ARGUMENT or Ms. BUSTED.

IN opening Mr.. Busecd stated that while agreeing with
his opponent In his view Of The difficulties OF the case be
totally dbasreed with him the las and The fscus me
highest executive officer Of the State had while the gras
ncumbep proceeded TO make an sppontmeut u hie fsse
He coutended that there was vacancy 70 be nfc6 ID
such q manner BE commented severely on Oonovcrs
haste attempting posscw the once without waiting for
hour the chief magistrate VI The city, Who for
various Ieors stated, engaged and sec khsthes be
wora spSse 81 Sn, % % ps sSos aa been
by which he held sesson or the but aid Como
YER attempt 70 take possession, acc ,mpsnied by rfeen
twenty mem The highest state authority could cnc
hip TO take possession OF clay once lie by
the memorandum handed 10 ihen, upon which tho dav
Of Mr.. Dcvtn was nadc-whoh memoranda WAS fur.
pshcd by the Deputy Shcr-stssed that he he Deputy
had levied upon the " furniture ct cctcrs" Hs con-
tended there nothing besdss the furniture but tho
I meant them The Deputy sborin had also sworn thai
he had given Mr. Devn the OF the property In the
office, which must, Of course Include the books, SO
After this review OF the OF opponent he pro-
ceedcd to the points presented by the respondents
In connection with answer 10 Mr. Field. lie quoted
the Code, sec fs2, TO show that NJ. Conover had
remedy but quo ioarraao, he entitled n the
ohce legally. To show that Mr. Couover had no title 10
the occ quoted various charters Of the city, from
The Dvugsn and MonRsmerie down tho latest W show
that the control Of This once had boon always with the
city that the only change made by the charter n 1870
Council 70 AN elective ONCE that by the charter Of Ao
they had The express power TO pas, and did pass,
s. o. sss.usy ns s, .
Executive bad any authority to appoint city oflcer,
had been for the first time sdvsnocd that morning wher
the authority OF the Governor appoint 10 this Office,
The 10th section of the charter expressly declares
The Executive power Of the Cooperation shall 90 vested
In the Mayor and the executive departments" This
power H. therefore, mo- Conferred by tue constitution the
charter OF 1857, any other law, could be
onsly siycn 70 him The appointment can DO made by
the Governor by the charter Of sio, he could only hold
the Office under until January, lsSS-e term OF but fsr
mon,hs which would make the whole torn from The com.
mencenen OF Mr. Taylor lees than two years length while
the charter OF b7 prescribcs two years the torn n
the office Of the street Ccmmiesscesr. There would,
sci for Mr. Conover the Mayor could not ali the Vacancy
The Governor would sppont again. and the sppontcc would
bold unS 1889 cannc therefore, he supposed tina, the
Igssture intended 70 produce any such result Surely
The Legislature oouh not bsve Intended that, by
not providing fof any vacancies In the Offices OF
street Commissioner, Counsel 10 the Corporation and
Comptroller, that the eeotemen who occupsed tho~e
ehcce were 20 immaculate that their Offices could
nos poesibly become vacant But expvessy sdops
ed asc ecrfrec By The s2d section Of The charter or 1857