New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-02


Jpdge Rooscyclt again remarked that there was no
limit to the number Of Special Terms rlI' nisn' De
held The two causes could go on IN u''l.iInt Iopia
But said Mr.. o Conor, we desire 10 ''o' ''o
;nternose We iberef,re desired 10 have the matter
heard before the regular Special Term. -.
Mr. Field hoped that judge Clerke understood That
of ,vbo, Lone ne spoke, d sired TO occupy all the
time that Jsdge Cerke willing to keep the Special
Term open. . ,..
tbc,c Could be but sceri0l Special Term Others
sn,b a. Judge Mitchell was now holding at Cham
bers might be gong all over the building une,s it
desired TO upset the practice of the last six or
Mr. o Conor observed that he had received notice
from the gentleman the other side which he was
going TO read, but both Judges and counsel objected
and that IL was obviously their intention to throw every
sort Of technically in the way of justice, while his own
side wished the matter settled peaceaby by law ana
not by iOrcible collision.
Mr.. Field did not know what other side the gentle
referred to- ne represented the plaintiffs III cse
on trial. Was il technical question whether d
should be interrupted while in progress
Mr.. OConor replied that Judge Clerke had Il rght
TO object 10 interruption if he did 50, he apoogzed Tor
having done 80.
Finally, Il was agreed between Judge Roosevelt end
Mr. O Conor that the m0Hddmus be la IN up al
O'Clock this afternoon Judge ROOsev welt then retired
from the bench. and Mr.. o Conor JuCge Russell and
Mayor Wood (which last person had been hOyerlng
m the out kirts from the bar; and the Dry Dock
went on.
ANOTHER MORE SINGULAR STILL.
At O'Clock Judge Roosevelt took his seat in the
Special Term room Of the Supreme Court. The at
tendance of spectators was limited, no publicity hav
ing been given to the contemplated proceedings.
Judge Russell appeared with his counsel, Mr.. Malcolm
Campbell Mr.. COnOr appeared on behalf Of the
Attorney General. Messrs. Nicholas Hill, Noyes,
Evart', Nanderpoel and Van Cott the counsel Of the
Metropolitan Police Commissioning, and two Of their
clients, Messrs. Draper and Nye, in the
Mayor Wood did not make his appearance.
Mr.. Campbell read the return Of Judge Russell to
the writ, which stated in substance that by the pas
sage of the act of the Legislature creating the Metro
pohtsn Police District, tue defendants power to act
as a Commissioner of the Police ex oficO was de-
.troyed, the Board having assumed the powers
Of the Board Of Police Commissioners which had pre-
yiOusly existed
MI o Conor entered general demurrer to the re-
turn. Mr. Campbell joined in the demurrer, .
Mr. O'COnOr then moved for judgment in behalf of
the peope He said il would be for the Court to con-
,der whether it be better TO base argument the
question, or whether it would be better to have
judgment entered against the people pro lorna, to
let 90 to the General Term when meets on MONDAY
next.
The Court-This motion, suppose is predicated on
the idea that the old Board of Police of Commission
ss are entitled to act-assuming that the law creating
the Board is unconstitutional and therefore VOID
Mr.. Noyes then and addressed the Court as
follows:
Moy ii please yOur Honor: In behalf Of the counsel
for the Police COmmi siOners | am desired to call
your HOnOrs attention 10 extraordinary features
OF the case now about be proceeded in ct this extra
Special Term, convened expressly for that purpose and
no other.
Some days since an Injunction obtained er parte
from Mr.. Justice Davies, behalf of Mr.. Wood,
MAYOR of this city restraining the action OF the Board
under the recent act of the Legislature OF this State,
accompanied by an order to show cause why the In
junction should not be continued, returnable on the
18th Of April BY the courtesy of that Judge, and by
unusual efforts the part of the counsel of the Com
mssioners, the argument was anticipated, and con-
Cuded before the day OF hearing had arrived and
the Injunction has since been dis,0lved.
Pending the determination of that question, and
when the retaining of the injunction was regarded
as hopeless q new injunction to the effect
obtained in action of ono W0rrdRt0, on n ike er
parte application to your Honor, out OF Court a.
though two other Judges were sitting, one at Oh M
bers and the other at Special Term, IN the regularly
assigned order OF judicial business.
The counsel for the Commissioners, In difference TO
the authority which granted that injunction, lmme-
dstely applied to your Honor in public, and IN the
presence OF the counsel for Mr. Wood for order TO
show why also should not be dissolved, which,
being opposed by them, your Honor declined to grant
except upon conditions involving the organization OF
tribunal out of the ordinary judicial course, Tor tho
hearing not of the motion TO dissolve the injunction,
but of the merits of the quo rdrroRto TO which the
counsel for the COMM sioners did not accede, and
the application was withdrawn.
Application was made the next day 10 Judge Pea
body in open Court, for such order and although
opposed by the counsel of the Mayor protesting to
act as anrc curie, granted, returnable the next
have been and now are under discussion before him
the course Of the argument being such tina. one
entertains doubt that the injunction must be dis
solved.
Yesterday afternoon while the argument before
Judge Peabody was going on, one of the Commission
ers was served with a copy of the n0Rd0muS in the
action about to be brought on, accompanied bya
letter from the defendant which, with the permission
OF the Court, will read
JUDGE RusSELLs LETTER.
THUssDAy April 80, 1857.
GrSrLEMES Under the act, familiarly called
Metropolitan Police bill certain powers purpor TO
BE- granted aud to the Mayors Now York and Brook
yn as Board Of Commissioner govern the Police Of
ard anomalous district specified in said act.
In with great of my fellow citizens enter
repusnaat the Constitution of this ana b,
quence i. absolutely and in all it's parts void ..,o,
of quo EayyontO for the purpose OF obtaining
Judgment the appropriate tribunal the question of hight
That the pubic interest required part
man can doubt That public demands from the
fullest cooperation bringing the issue thus presented to
prompt decision is my mind quite clear m
forwarding this object and it is quite manifest that with hs
tess cOnvsnence to yoarseyss you could IT. so d'Po'Sa
n 4. equally clear that hearing could be had in the Cour, "
Appeals on the first day OF its session IN June next
The Judgment Of that Court would be final and II in
sudins myself would be Obliged to aeQuiesce.
To my rat surprise learn that through counsel you
pose employing your counsel the Courts in dis
teaching the forms Of procedure and IN tras
DE controversy which you defendants po'rsct Tor
months deem it important to the public tina. the al,
Ivy the police Of thi. city should be PROMPTLY decided NY
Sco ., The sss.s psc,csSe moment and a. one Of
sesfs directly implicated in the question becomes me 10 q"
Ny personal aud relation. to this question afford
elusive reasons for such my part.
passed chsscd with the oce and duties Of Police
missioner Of The Cry y. q S S. YORK p..
COmnsoner under She pIeesi.'ins law hh Is valid am