New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-01

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over. WHO is Stree. Commi,sioner,de Eacto, and 70
place them in the hands Of Mr.. Deviip who has not
ever attempted to establish his right 70 the Office in
legsl way such an act was unleard Of. The Corpo-
ration bad 10 more right to deprive Mr. Conoyer Of
the of the books than to deprive him Of the Office
| Mr.. Field followed Mr. Noyes on the same sids.
lie spoke ar hour and han The following are
Mr.. FIELDS POINTS.
Pua: This ia a motion for an injunction in aid OF q
ecrtsorari from the Supreme Court. The Supreme
Court is competent TO take OF itself and this
Court has jurisdiction to aid In enforcing the pro
= 81 that Cont.
Second. If this Cour. could aid the Supreme Court
in enforcing iis process the occasion or its aid haS
ceased because the ortiorar has been superseded.
Third: II il manifest that the Injunction OBJ
tsircd and used for the purpo'e Of producing delay
end embarrassment in the prosecution Of the proceed
iD,s b. fore Mr.. Justice Peabody.
IL il raid n at the Injunction originally obtained
on The 10Th inst, bat Nas not served and kept secret
till the 18th.
II was obtained on the allegation that the rtiorar
he'd Issued ard would be disregared by the Judge TO
whom 1t was s-ned, but il was not used till the cer-
tsorari had been superseded.
IT, when Il was obtained, was intended not to BE-
used till the supersedess then the act Of obtaining il
cannot he too strongly condemned, for the orfiorars
would thus have been made the pretense Of obtaining
the injunction to stay the proceedings ser tho ceso-
rari had ceased.
Fourth. The allegation on which the ipjunctios
wss granted, that is, that Mr.. Justice Peabody in
ter ced not TO obey the ceriorar an allegation Of
e nsve TO that officer and to which another court
will not lsten cause for an injunction. II Il do, the
comfy Of counts will have been diregarded. and
fusion in the administration of justice must follow.
Fifh. The granting OF an Injunction rests on the
sourd discret ton Of the court Mr. Conover u in pos
session Of the Office OF Street Commissioner. IL be
cannot have the books and papers of the Office, be viii
be greatly embarrassed in the performance Of its duties.
This embarrassment the court will avoid by diechsrg-
ing tie iIiu rction forthwith.
Sirth. Ii has been said that the allegation Of the
issuing Of ccrticrar is the ground which the iu-
has been already considered in the Supreme Court
on the motion before Mr.. Justice Roosevelt for an
Injunction, which motion wa carefully examined and
d, MED.
EerenI: The case made by the complaint Is Wnoty
untenabe.
/. The books and papers of the Street Commission
ers Office are public records They not the pnystc
property Of the Corporation in any other sense than
This The Corporation could not take them from the
Of the citizens generally nor from the custody OF
the Street Commissioner.
2-The Street Commissioners is an Office created
By the statute Of the State. The duties Of the Office
canrot be essentially impaired by the Common Coun-
Gil nor can MAT body take from it the means to carry
on ts business
one provided by ratute that the books and papers OF
an Office may be always at the control OF the incuun'
b.n TO allow another party to come IN and interfere
with them, on the ground that he was the ultimate
proprietor OF the records ueIeat most VI
picatiors II would enable the Attorney Genera, At
all tines to prevent the incumbent Of State office. ~
the Controller or Secretary Of State, from obtaining
the books Of his Office and it would also enable tho
couLes and cities to counteract the proceedings In tue
case Of county or city offices.
A. The Corporation in fact party to the pro-
ceediucs before the Judge The Counsel to the Cor
pora,on conducted them, having other counsel asso
ciated with him.
s. If the present complaint be true, the case Ia one
merely of trespass-ap Injunction will not lie, to restrain
a trespass IL john. Oh. 3l5; Paige, 2l3; Barb.
Oh. 10i; Wizards Eq. Jurls. 1872.
G. This is an attempt TO interfere with the determi-
nation, by Judge Of the Supreme Court, Of pro-
ceedir z pending before him. Mr. Justce Peabody
has heard the case and is as competent to decide II ~
any other judicial officer.
I. Mr.. Conover has been adjudged to DO the street
Commissions Of the City Of New-fok dc Jccto, and
entitled to the books and papers; ard even II he had
not this court has jurisdiction to try the title to an
office That can only be done by quo va'rdSto in me
Supreme Court.
s. The proceedings to compel the delivery Of official
books TO a successor in office are intended to be a.
summary IA possible An interference with them by
any OFT er ,5unal would teLd TO defeat the policy OF
the Legislature. These considerations induced the
Slpr me Court 10 dissolve injunction once granted,
and 10 supersede a ecrtiorari which it had awarded
though TIE proceedings before Of their own
body: and there is more why this court should
be Influenced by them.
Mr.. Field had not quite finished his argument when
the Court adjourned to ii o'clock tomorrow morning