New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-20
MR.. COsovRR TAXES POSSESSION OF THE OFFICE

Street Commissioner OF Inc lily vi NeW'lOEb, tos
one claiming the Office by virtue Of the appointment Of
the Governor and the other under the OF
the Mayor and Board of Aldermen, is now approach
ing its close. The contest was commenced 10 blood
shed under the auspices Of Fernando Wood, Mayor of
the City of New-York, while in open rebellion against
| the law aided by gangs Of rowdies, vagabonds and
buies claiming to belong mythical day and night
watch, and sbetted by gangs of rowdes, vagabonds
and DULLES proper by forcby expeliDg Mr.. Conover
from the Office of Street Commissioner after he had
taken possession, and whose nghtful occupancy has
since been established by decision of the Supreme
| Court of the State of New-YOrk. When Mr.. Como
yer appealed 10 the Courts to test the question as ~
which was the rghtful il cumbent, he was met by all
the factous resistance that legal chcanery afforded
or the fruitful minds of casuiss in law could suggest;
and when posponemeni, Injunction, certlorar and all
else failed sndthe Common Council was summarily en-
Joined from proceeding to the OF the fororn hope,
the aid of an inferior tribunal Saturday invoked
to render nugatory the order declaring Mr. Ccnoverto
be Street Commissioner and to prevent the execution
of the processes issued by the Supreme Court to OBJ
tain the archives of the office to be put into MIR. Con-
overs possession. This last act though 1t has caused
brief interruption in the business of the Street Com
missoner's Office, yet did not prevent Mr. COnover
from taking his seat Saturday afternoon and per-
forming various OiCdl ucts, SOON dIlcT DcNAn,
who had usurped the office under the pretended au-
thoiity of the Mayor and Board of Aldermen, had
been arrested and conveyed to Eldridge street jail,
where he has opportunities for calm reflection upon
the morals of political thmbe-riggng and the results
of ones pnnng lis faith to the skirts of desperate
political adyenturer.
THE CERTIoRARI QUAsHED.
AT 10 O'Clock on Saturday morning Judge Davies Of
fba On Court sttpp Mt Chambers announced
that he would deliver his decision on the motion to
quash the writ of ccrtOrari previously granted by
him. Dir. Deylin was present at the time, with his
counsel.
Judge Davies then read his decision as follows:
DAVIES. 1.-The motion in this matter to superseds
the writ OF ce,ttoyor is founded upon the allegation
that the proceedings before the officer which are
sought TO be reviewed by it, yet incomplete and
unfinished. The object Of the writ is to obtain the
judgment of this Court upon the question decided by
the officer before whom these proceedings are pending
writ OF certiorari is the appropriate remedy to OBJ
tain review by this Court of the decisions and pro-
ceedirgs Of inferior tribunals not Of record, aud the
writ is generally allowed matter OF course, unless
il apparent to the Court that injustice would thereby
be done.
1t is often refused when asked for, frequently quashed
by the Court Oh its return, and not untrequeny SUPER
seeded by the Count allowing il.
In the present the writ is asked for to obtain
review of the proceedings had before of the jus
tees of this Court in pursuance OF the provisions OF
v ID. - l.. ".
Thi. article is entitled Proceedings to compel the
delivery Of books and papers by public officers to
" their SUCCESSORS"
The 5Oth rec. of this title declares that whenever
any person shall be removed from office, or his term
shall expire he shall on demand deliver over TO his
all books and papers in his custody at such
office, OF in any way pertaining to his office.
Sec 81 provides that ii any person shall refuse
neglect to deliver over to such successor any books or
papers as required, such successor may make CON-
plant thereof to the Chancellor, any Justice Of the
Supreme Court, Circuit Judge or first Judge Of the
county where the person proceeded against resides.
and if such officer is ratified that any books or papers
withheld, he shall grant order directed to the
person refusing, to show why he should not be
cOmpe lied to make such delivery.
At the time appointed the officer is to proceed and
inquire into the circumstances fthe person charged
with withholding the books and papers shall make
oath that he has truly delivered to such ell
such books and papers, all further proceedings shall
cease.
If such affidavit 10 not made and it shall appear that
such books and papers withheld such officer
quired TO commit such person to jail, there to remain
until such books and papers are delivered.
Section "a OF this act provides that such officer
required by the complainant shall issue his warrant
commanding such books and papers to be brought
before him. and lac shall thereupOn proceed ~ inquire
and examine whether the appertain to the office
and If he shall find that the same appertain to the
office, he shall cause them to be delivered to such
cessor.
Section Sc authorizes the proceedings to be
instituted against any person, whose hands shall
come any such books and papers, belonging or spper
tanning to any such Office.
In pursuance Of these provisions of law the proceed
lngs have been instituted before of the Justices of
this Court and at the time Of application Of the COM
paiDant for the warrant TO commit consequent on the
refusal OF the person complained Of to deliver such
books and papers in compliance with the ordtr Of such
ocer and at the time Of the application for the search
warrant TO bring such books and papers before such
ofbcer that he might proceed to inquire and examine
whether the same sppertaned to such Office and while
| such applications were pending and before the same
were determine d, the person proceeded against Cd
tans the writ Of certiorari for the purpose OF having
such proceedings removed into this Court
think 1t is apparent from the perssl OF TINS STATUTE
that the Legislature intended by its enactment 70 pro-
vide tor the more speedy and prompt SCION compel
. delivery of books and papers 70 puouc 0ncer
which were withheld from him. Inc duties OF such
officer ccnld not be discharged wnout such books and
papers and aAy delay in their delivery would cause
great public inconvenience, and might by pre-con-
cert in body of public officers, entirely suspend the
functions OF government
To obviate and prevent calamtes 30 disastrous to
the public welfare these stringent and prompt rems-
dies were provided. The proceedings were to De
taken before such class cf officers the Legisla-
ture judged most safe to inrust with the exercise of
this high and delicate power. They Intended To
insure IN any aud every contingency, the possession
by every public officer Of the books and papers of
bis Office essential to the discharge Of his public
duties. 1t should be borne in mind also that these
provisions are not made for the benefit of the officer
but fol the safety and convenience Of the public 90
that in no contingency shall ANY public officer be de-
priyed of the means of dischargng the duties
nothing a. to the rights of the contestants to On
Office; an appropriate and well-known action is pro-
vlded for that pupsse and which by provision Of law
Of this State is in all Courts to have priority over all
other cases 30 that its prompt decision may be arrived
at But the provisions Of this statute intended to
insure no delay interruption in the discharge vi the
il frraf isaff