New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-30

before Justice Osborn, and demanded An ooamins-
ton; and after an examination had been gone through
with, he was, on application of his counsel, Edwsrd
Blankman. honorsbly discharged, there being no
evidence to warrant even suspicion against him.
THE STREET COMMISSIONER QUESTION.
Mr.. YIELDS CLOSING ARGUMkNr.
sUPREME COURT-srscrM TssM--Jvss D Before judge
PEABODY
In the matter of the ,pp:'pD ,S aS of D. D. 0'a''
Mr.. Brady having finished his argument on Sstur-
day Mr.. Field closed the this morning.
Before Mr.. Field commenced, Mr.. Brady asked .
call attention TO Section AL of thu Ordinance Of 34s
which ne had omitted inadvertently on Saturday.
oice of any of the heads of Departments to be sp-
pointed by the Common Council, as prescribed "
Section i65 the Mayor, by and with the advice aud
consent of the Board Of Aldermen, shall appoint
person to I'LL the same, who shall hold his once iT
the unexpires of the person in whose place hs
shall be appointed
MR.. FIELDS ARGUMENT.
The material facts upon which this application Is to
be decided are the SO, as the applicant contends:
Joseph S, Taylor was elected to the office Oh street
Commissioner Of the City of New-York in November.
1855 to hold fol three years lie went into office on
the first day Of January, 1885, and continued IN Once
till the 9Th of June. 1857, when he died
On the 18th Of June, 1857, Daniel ID. Copover Wa
appointed by the Governor to NIL the vacancy, and
received his commission in the of the People.
bearing the great seal of the State and the signatures
of the Governor and Secretary OF state.
On the 18Th Mr.. Conover took the oath Of office and
filed il in the office of the Mayor. lie also executed
an official bond in the penalty OF flOOVO, with i've
sufficient suretes and went TO the Mayors office Tor
approval. The Mayor had heard thai morning VI ms
appointment and had been TO. Mr.. Turner the lats
Deputy Street COMMISSIONER To instruct bim 70 resist
Mr. Conoyer and to hold the office TIL he received IN
structions to the contrary from the Mayor. Whes
Mr.. Conover appeared at the Mayors Office, the
Mayor was informed of bis presence and the object OF
his visit, and though he waited nearly two hours.
Iurin ioh inn hpr
the private office. Mr.. Conoyer was kept without, and
the Mayor refused 10 zee him. lie then went 10 tho
Controllers office and filed the bond with the Con-
troer who received it, and marked 1t filed June Is,
1857"
II was then O'Clock, and Mr.. Cono,er won, directly
10 the Street Commissioners apartments In the Hal Of
Records and there exhibited his commission claimed
the Office and entered upon its duties. Turner disputed
his authority, bat other clerk did IT, and Mr. Con-
over remained in the inner apartment appropriated u
the Street Commissioners person, aud behind the rail-
al the usual desk till o'clock, the ordinary time OF
closing the Office
On Monday morning, the 18th, Mr.. Conover went to
the Office at o'clock, the hour Of opening, and re-
NAMED in possession till o'clock when he was seized
by captain of the Mayors police, heading party Of
policemen and others, and forcbly elected from tho
apartments
On Tuesday morning Mr.. Coneyer again returned,
and remained for some time in possession, and trans
acted some business a. Street Commissioner when he
was again seized BY the same Captain Of Police, with
his men, and forcibly elected from the building S,nos
then he has not Detn pcrllHttu
ing though he retains the keys Of the desk
On the evening Of Tuesday the Mayor nominated 10
the Aldermen Charles Deyln as Street Commissioner,
and they confirmed the nomination. He was escorted
into the Street Commissioners apartme nfs by the
Mayors police and several Aldernes, and now re-
mains in those apartments, keeping The books papeu.
maps and documents, though be is not recognized by
the Controller the fiscal officer Of the city, and tho
head Of the Department Of Finance, and no payments
be made on bis requisition
The books, papers maps and documents which Mr..
Conoyer seeks to obtain by this proceeding are public
records belonging 10 the Office Of Street Commissioner,
without which il is impossible for him 10 discharge its
duties.
Upon these facts the following points in behalf Of
Mr. Conoyer submitted, In reply to the points aud
arguments on behalf Of Mr.. Devn.
Fira P0int.-The criticism which has been mado
upon The words Officers Of this State In the sctofFe6
1919 il altogether ilusory The office Of Street Com
missioner il one Of the officers Of this State. Every
public officer who holds his authority under this State
as sovereign is an officer Of the State. If Il were not
So the Mayor need not take the oath TO support the
Constitution Of the United States, for that Constitution
only requires that officers both Of the United States
ard Of the several States" should take the oath to
support it. Ar g. sec 81 so the State Constitution
Art. ~ requires all officers executive and judicial,
10 take the oath. II this does not include city officers
the Mayor need rot swear 10 support the State Con-
stitufon The Revived Statutes II X. B. ~, sec ~,
SUBJ 8; 49, Gee. 80, sub. 81 include city officers among
the officers Of the State.
limitation which the same act contains, upon the TIM
during which the I'D interim incumbent shsll hold.
Mr. Conovef can, in event, hold longer than Mr..
TAYLOR could have held, and, If the office had
tnued elective last year, he could have held
only till the frrt Of next January. The words until
Z" the commencement Of the political year nett sue
ceedDg the first annual election after the happening
" Of the vacancy which such officers could be ~
" law elected words Of limitation upon the con-
tinuance Of the vacancy. The language might nave
been in this FORM with the same meaning; -
Whenever vacancy exists 10 any once IN tnn
State the Governor shall oil it for the unexpred term;
except that il the Office be elective, the eecton shall
en- II at the frst annual election, and the Governors
sppoiptmept shall be good only TIL then"
SScoud Point--Indeed, the discussion which has
been had in this case has narrowed the questions down
10 two frst had the Mayor tho right TO l the Office
and second did the Mayor by refusing 10 decide upon
MT Conovers bond defeat bis right to the possession
OF the papers Of the Office The constitutionslty Of
the act fully g. S4s it, applicability to tho vacancy
in question and the appropriations Of this proceeding
TO obtain possession Of the pspe. are too well settled
or too clear for further argument
Third Poiat.-Had tbs present Mayor the night 70
appoint Q tuccesssr to Mr.. Taylor tho late Street
Commissioner The right Of Mayor. elected under
the new charter, to appoint Street Cemm:sioner
under that charter need not be disputed. The dispute
is whether q Mayor, elected under the !ePesea
charters can Row. before the terms Of the Old oncers