The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-28

Hhs Msrsismus Against street Commissions,
Dovlln.
6rPRUB COURr-aPBCIAL TERN.
| yuu~-paus, ~ Cowovr c. Cnaris' Txrn5.-Th<
Court opened n precisely sasvsn o'clock Ibis morning. hs
Aaeoaanc, Of spectators bepg y ~ wise diminished
tho opening Of the court, Mr. Fel, r staS the Csur
thai Mr. reld , still sick, ami by the sdv.c u y"
Sxgeon vas remaining at home He would be willing
do with the just the other side shoul agree.
NJ Brady stated that he had received letter from Mr.
Field stating the fact and suggesting thai II Mr. Brady
Wished 10 60 he would have taken OF his argu
ent and be could pot repy personally on Monday, be
would present fs agunentin ~ritng For himself (Mr
Brady be had u:ae Arrangements 20 60 OUT OF town OF
Hay. and vouId therefore elect TO g. Vi WIN INC su
oent ct the Suggestion OF xr. Field.
Hr. Busted desired that II Mr. Fields argument was
uubisssd la writing they should have copy, In order u
We abe 70 repy TO any poiss which might be raised
AR0UHkr BRADY
In oper!ag, Mr. Brady said would deny thai the
pr oceetns before hs Honor Of very great couse
queDoe Tbs Office Of Street Commits .oner Of grea
importance to Ill who hvei In the city territory Il
belonged to the CITY, created for tho boneM of tn
city and with the people OF State had nothing to da
The city bad syB baen acting under various charters
and this the the history OF the State tina
such summary proceedings I'd ever been taken 10 obtain
posse or The and papers of corporation and
4 would be Of bis points that the salute
Intended 10 apply any such case This books and paper
o. corporation its private property, sai if hi
Honor should grant order deliver these books to Mr.
Conover they could be recovered by suit o
| The nature OF repevin. The books aud papers
belonged neither to Mr.. Conover or Mr.. Deyln,
but TO the city; and to obtain possession OF them,
. the Corporation, II anybody, must be q party
This could he appealed settle any such
troversy for the recovery Of the books OF
company, uId apply In this case He would read
| Qret, the cusiops Of fact -
rst-rbat Mr. Turper succeeded Taylor as Street Com
missioner, and saed such up to The appointment Of
Deviin
che Mayor aad Alder men and tiled big special bond
oat OF Office, with surees In due form up qovcd by the
Mayor.
Thrd-rhat Devln took pos. eselsn OF the books and pa
peri reoofdr &C by virtue OF bis appointment aud has
been possession since the furniture being subject
20 the Ieviee made by the Sheriff
Fourrh-Thst nc vip, as such Street Commissioner has
been recognized BY ali the scers Of the Corporation the
Flih-Mr Copovar has never filed his Official BOND or
cath Of ofHoe, approved according to law
Slxh-Concvev had possession OF the Street. Com
eniss cner's once. Of any OF It's appurenances
Seventb-Conover has never been recognized Street
mmissooer by any OF tue officers OF the Cooperation
by the Corporation: but the contrary his right has
been expressly and upqushded regulated and denied by
such fboers and Cor ooration.
Eighth Con claims the otfce under appointment by
Che Go erner and Mr. Devn by corporate appointment
end there wa. therefore, question Of disputed title
rnssoners office took piece before the appointment Of
Devin BY the order Of Mr. Turner then Deputy Street
OcmmisIoner 70 quiet his possession and enable him
TeDs- Drvbn toos possession peaceaby, and his pos
s.s bs Ss ny VINO applied " hun
Observation-Disclosures refusal to surrender made
peacefully under claim or title 70 the ONCE sOt up in
rwekh-The ordinances Of the Corporation, giving the
Mayor and Alder the power Of appointment to
cs, In force al the tine OF the passage OF the
This was contest for the property Of the Cooperation
without trial By jury then the Laws were really az much
rope OF sand "A some parties alleged them to Oe. The
ere tSs, they coud NOT be cepsvea Of iSei
without such rial BY jury. he should tn NIX
Mocd d. strike b, esrnsa SPpSoSns mt, %a, was
couumely TO deprive It of ts property without allowing
II 70 say one ~crd The city snoali be treated with
noble munifcence such as deserved So grave ques
nu conflict 81 power BIT Secn the Governor and
great this should not be decided in so In
formal matter this. He then proceeded give his
tory OF these proceedings Of msndamus from 1900
argued that Mr.. Conovet only remedy was that which
had bcen used in Oil previous cases Of . msndamus,
polling Mayor approve bond Il be was legally
bound do But the Mayor not bound to approve
IT, and f be were Why could not Mr.. Conovcr give
Mayor a proper Ieuglh Of time to perform that duty,
emopg tho 'hous-nd others which devolved upon him.
The Mayor subject tn the bebest OF mere oacc
bidder however great pohical dminary he might he
expected 10 be Hs quoted several 70 show that the
intention OF the law ttai questions OF title 70
be settled by quo to1,rdrto and that this proceed
ing wa a mere .yasIon OF tho statute and
ON cndeavor by collateral question to decide SUMMARY
The oplrcn cf ibs late Judge Rockwell who after
mt n oil tho er,hortioe hal decided tb, sach pro
ceedng this could net be considered excep. Ia
whore the question OF title clearly undspuicd.
The 81 Get Commi iOner Office ar office OF great 20
itica power ard patronage, aud bis Honor expected
by some to decide thus question on political grounis
There political reason why this proceeding should
20 be Of the party as the Claimant and could not DO
Compelled TO Issue quo caran'o II be aid not desire TO
lie bad no, In ended to be connected with any Of
thoc ero~ing OF the recent difficulties, but
lhcrc only In the capacity OF friend to the respondent,
who In his carly professional career when the smallest
transportation desirable, had beftended him, and he
was there a. his friend. (Murmurs Of applause)
Ie hsd intended 10 be mixed up these discussions.
but he had no ed yet TO able TO make dying sgag
ale 10 redeem Of his native city (applsuse
he deemed TO be beneath the dignity OF the great state
OF Nos York be here the cap icy OF asp mt
Tor cy Office There can be no doubt that the street
Commissioner Ia city officer And what can tho ate DO
expected 70 know on the QUALIFICATIONS OF man 10 our
ore rs, gccten OF the charter OF 1851 which provi3d for
Of the grant privileges and powers which
Ghe Corporation OF the city held rendered II i,pos
sible that special repeal the char 10 subs
qoen parts gbt providc-the powers this on.sc
could not be disturbed wss the oece or Street Comms
~onor created BY the contribution Cerany mob Then,
n th, highest executive Of tao state q por,r
kxprcosly denied TO HIM b, the constitution The other
Aide had amused him with tue argument hat Corovec
DOT appointed a. street Commissioner but merely to per
form the duties of Street Commissioner. Yet the
commisol from the Governor expressly stated tia, Como
appointed 10 be street Commssiouer' 70 oil
the varancy o,caiened By the deceaso OF Ar. Taylor.
ghe eject d the argument Of the other side was tina,
whie the legislature Governor could no, nj the
10 case Of vsosncy' 20 loai 4 an elected oscr
Dad Cd but bour, the STATE could OH the
once for the remsio 81 the ermi surely this
ncver lutcrded by the Tuition. had been .rZucd
the Governor could arrout Justices 81 the supreme
and Superior Courts which we're city officers Bot they
perc not city officers TIER processes would extend
throughout the STATE ard Affected the state and they were
expressly termed state of 'erg Bu, even the Cover
Inv The acfc fl had tbo ar
rsrtrneni OF be contendcd that thoro
vacancy for him 70 Gil because there had hJon
DEPUTY ~ Get Commissioner provided TOR, who, II
especially ersced, should fG1, the duties CT the o'oc
there could be another apron ment, and Until The
con appoint should I've duly qualified n slso pro-
yided that 90 long du,cs of Office perform
cd there ne,eesity Tor an appointment by
che Governor. As the Dcp1'y Commissioner was ap
uontcd 10 nc. In o. n vacancy until a10ther
appontmcut there was necessity for appointment