The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-04
IW STREET COMMISSIONERS TROUBLES.

dM OtN6cI CVMWoCWVcuO oOVuUl6os
kAysmcsson Agaaast D. ~ CsnOver, Restraia-
i.g him from Interfering waeh ths Papers
81 ths OMcs.
sURREnx CoURT-sPBCIAL TENN.
Before Hon. Judge Roosevelt
yu1y 1-1Ms xcsor, Aldermen, &C., Of Nsw Fork a.
DsaiN D. O~opcr -This order 10 show Why
sn junoon restraining the defendant from interfering
with the books and property Of the ofcs Of the Street
Commissioner, should not bs granted
Mr. Buseed, Corporation Counsel said that he was mot
prepared 70 proceed and desired postponement.
VOWED some important questions, and counsel was en-
cited une 10 consider the points that would be pre-.
oected was the drst time the Corporation appeared in
these grave questions that have 20 much agated the city
and occupied the attention Of tho courts and he did not
The Court suggested that the mKter before Judge
Peabody In another this motion had better post
poned until that Judge decides the question now under his
Mr. Field said that was precisely the view he took Of
the case, and that the preliminary Injunction ought NOT TO
have been granted while toe matter pending before
.an0ther Judge Of ca ordinate authority.
Ths complaint OF the plaintiffs sets forth
created under their aprient charters and the laws Of the
Bate Of New York Inst there Is an executive depart.
opening, altering regulating grading. Tagging, gutterng
and Lighting streets, &c &c uoder the ordinances OF the
Common Council the chief officer Of which department is
called the Street Commissioner
Second That these plaintiffs further show that Charles
Devn was duly appointed oy the Mayor Of thi. city with
che ad vice and OF the Bard of Aldermen to fill
the Office Of stree, Comuissoner that Deyin took the
oath prescribed by and duly fled his bonds - such
officer in the mode and prescribed by law that
Devn the Street Commissioner. vested with all
powers and duties appertainipg to such office.
Third That in tho office OF the Street Commissioner Ia
che ball OF Records there divers maps books and
per Of great value, which the private property OF the
plaintiffs, and Of right ought to be in the possession
and under the cont, oil Charles Devln as the
Street Commissioner Of the plaintiffs.
Fourth Plaintiffs shoE that Daniel D Conover threatens
Commissioner
and take possession II the maps papers, &c row In that
Office, and IN the nesesson Of Deviin; and the plaintiff.
fearful that CNn,ver gill take possession OF
the unless retaned by the order othe Court the
great damage and araole inlry OF these plaintiffs AMI
the grea. damage Of the Mayor Aldermen and Common
Wherefore the plaintiffs pray that COnOver may be
strained by the ord Of this Court from removing inter-
ferng whor dirposng of taking his possession the
said property and that the agents. attorneys, &c in the
chat the property may be declared be the private pro
perry Of the Corporation and that the order may be made
The complaint vas sworn n by Fernando Wood.
Judge Roosevelt upon the above granted An order for
che defendant to show Sd Of July at IL O'Clock
meantime the defendant, Conover restrained from re
moving interfering with taking into his possession
any Of the nsps, books, &c. In the Office OF the Street
Mr. Field read the affidavit of Mr. Conover setting forth
shs claims to the Office, as follows
Daniel Cor deposes that JOS Taylor elected
20 the ONCE Of Street Oommseoner o. this city In Noyem
s s N
1885, and continued therein until the OH OF june 1857,
when he died; deponent was, on the l2th Of
June last, appointed by the Governor TO ill such
vacancy; that q commission under the great seal
Of the tase issued him. signed by The Governor,
ths depcnent accepted the said appointment duly took
and hlei his oath Of office, and duly executed with sun
everything he Is adj ised and believes necessary be
done By him qualify himself for exercising the duties OF
And this depousnt fur her saith that scr Cling bis said
oath Of Office and official bond 90 the 18th day OF
June last he entered upon the duties OF the ONCE TO which
he thus appointed went into the apartments provided
by the city New York for the Office of Street Commits
e;ouer and there NAMED during The rest OF the office
hours OF the 1915 Of june the whole OF the Office hours or
the ltth end part OF the 10Th, during which time he
transacted business Street Commissoner, until In the
forenoon Of the 18th Of June iorciby and wrong
fully eeced from the said apartments BY Bennett,
acting he declared, under the orders OF Fernando
Wood, Mayor Of the city Of Neg York. And this de-
ponent further raith, tba. the 10th day Of June
last no presented to Mr. Justice Peabody, OF this court,
q petition Of wtich copy Is hereupto annexed and ob
eained from him orie, OF which . copy IL hereunto
annexed which having been uly served on Mr. Oevln,
che application head before tho sad Justice The
Sd, 24h rs b. 3b. 2th and 29th dsys or juno LAST AMI
u siiu pending befo bi q undetermined
And this depoeeot further sab that the maps, books,
che said once Of Street Commissioners pub.
lie records. anu not the private property OF
en-, q Ss~ Yoss' sS'. Ss S sav.ss
and believes that without the OF the this de-
ponen cannot properly snd fully execute the duties Of tho
And this oepouen, further saith, that he has not
Shreaoned the once OF the Street. Comms
soner pwssseou Of the said maps books,
ami auy of them, except by the said legal
proccedipes before Sr Justice Peabody.
Counsel then submied the following points for the de-
Hencant-
First The complaint makes for On Injunction,
even supporting al true The Court cannot grant IN iu
junction restrain naked respass. e johns, CHI
5i6; 8 veeey 90; 8 Green's, oh. 44q
Second This asmps to interfere with the deterul
nation by ano'her Judge Of question pending before
him Judge Peabody has heard the case and 10 Is COM
cteot decide any other judicial officer. 10 seek
30 withdraw from his Jurisdiction ant bring before
another Is a. unprecedented II would be dan serous
Third The Mayor, Aldermen and C5mmonaly have no
ae 10 The books aud papers In question, nor right TO
bring suit respecting them. The books public re
cords, held by q piol,c offcer In trust for the people
There would be much for the city 10 claim the
records 10 the Regis ofioe the Comptroer's or
County Clerks Offices.
Fourth N CoDover Is the Street Commissioner Of the
city Of New York, lawfully appointed, and ca tiled TO
books and papers In estion dis right to the office
and records has just been argued before co ordinate
Judge will DO reArgues here, except unier the
positive instruction Of the Court
Amer rome de-ulory remarks 10 whether the case
should be postponed be heard at all by Judge Roose
xei the Court that would consult WIKI Judge Pea
body aud decide Wednesday whether he wouli hear
che Argument