New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-21
MORE OF TAE STilEET con-
MISSIONER QUESTION.
THE AID OF THE coUNCILMEN ASKED.
A FIGHT IN THE CLERKS OFFICE.
Special and Extraordinary Session.
PRoNUNCIAMENTO OF THE MAYOR.
A LETTER FROM MR.. DEvLIN.
The Reporter Of The Tribune Threatened.

the Fifty fifth District circulated about the City
Hall to obtain the signatures Of members of the Board
Of Gouncilmen. The following is copy:
CHAMBER OF THE Board. OF CoUscILNES,l
NEw-YoRK, July Goth, 1851.
SIM The undersigned members Of the Board OF
CouI cilmen entertaining the opinion that the interest
of Ibis city may be prouoiedby session of thi. Board
beg leave to request that yOa will direct special
citing 10 be convened this ever ing at six clock for
the purpOse Of taken such action as may be deemed
pecesssry having in vewiae preservation of the pub
Inc rec, rds Tor the transaction of any other business
y. RI aiming to the public is-resis
CT IA Jane: Reilly Lewis Fansw,y, John Roehner Henry
l M'S S%'! Jas sss S, c... s. go .
saih. W. II Boutesl Huss Qponn7ll Henry Hushss, Lha
Tins Thoma, Monroe, hchns Barry: John Mcconnell = W.
Bird.sl Benz !; Rhodes Bryan NeCahi, Thomas Kelly,
MchssI Mclaughlin John w. Hunt
On the margin Of TIA page written the words.
" Approved Fernando Wood, Mayor which led our
reporter to infer that the letter probably intended
f,r that functonary, tia he might be authorized to
IL axe another trial With his Legislative oa1s-paw to
accomplish his ambitious schemes.
Notices at once served on the different men,
bers of the Board, and at 81 O'Clock they began to
assemble in the Clerks Office below.
While here, Mr. Peehbam, one of the clerks of the
Street Commissioners Office, entered with several
copies Of the iunctien issued by Judge Peabody,
straripg the Mayor and Counclmen from taking any
action TO pass the resolutions of the Aldermen in
gard to the books Of the Street Commissioners Office,
Ia serve upon such Of the members had not been
served
He served copy on Mr.. Frsasway, the member
from the Nineteenth District. Mr.. f. threw it on the
floor and Mr. Peckham proceeded to read the original.
While this proceeding, DIR. Gilmartin, of the
Thrteenth Dstrict-which embraces the bead
Rabbit section of Mulberry street-was present
at the scene and sufficiently drunk to feel quar-
relsome. He at once began to abuse Mr.. Peck.
ham, and some sharp words passed between
them. Gilmartin next seized newspaper file, which
was lying on TIE table, and struck at Peckbam, who
lodged the blow, which struck Mr.. Judson of the
Seventh Ward, knocking of his hat. In a moment
| GilIDartn and Pecksm cnched and on the floor
| struggling At this time Mr.. OBrien Of the Thirty
sixth District Fourteenth Ward came forth from the
corner where he seated, seeing fine opportunity
for the display Of his peculiar genius and at once be-
| gan furious assault upon Mr. Peckham while he was
yet on the floor. Matters were proceeding thur when
Mr.. McCenachan, Clerk of the Board, came forward
and pterfered preventing any further violence to Mr..
| Peckham.
| After this exciting episode the members went up
| Stairs and at O'Clock the President Mr.. Phillips,
| called the Board to order
On motion the reading of the minutes was dispen-
sed with.
Mr. Warner inquired by what authority the meeting
| was called. Growing out Of this inquiry arose dis
| cu.sicp in which Mr. Warner contended that there
was no authority under the charter for majority of
the Board to call a special meeting Under the
charter of 1880 he sad this could be done, but
it had been repealed by the charter of 1857,
which recited in one of its articles that the stated
and OK casona meetings Of each Board ofthe Common
| Council shall be regulatedby its own ordinances" &c.
AZ there had been ordinances upon this subject Mr.
| Warner conteDded that the meeting was illegally
called. Messrs Gilnartin and o Bren, whose names
figure 60 prominently in the proceedings below,
quite laxative and ready at interruption. Mr.. Gill
martin, however, did make one suggestion having in
it some pausbity that the President by the rules
empowered himself to call special meeting Of the
Board. The President held that 30 members of
the Board having signed the call the meeting was le-
gally convened. Messrs. Warner and Ottarson pro-
tested against the meeting Illegally called. Mr.. Of
arson cOutended that there for call of
the meetng-there was no pestilence, nvason insur
rectiOn justify it.
Objections being insisted upon by different members
against the meeting, being illegally organized, the
President reiterated his decision to the contrary and
stated that as four special meetings had been called
this manner without objection, custom, in the absence
of any law to the contrary, became the law.
The President then announced the reception of
communication from the Mayor. Mr.. Ottarson, Mr..
Brady and others objected to the reading. The major
ty, however desiIing the reading the President read
the communication, as follows:
MAYORS OFFICE NETWORK, July 20, 1851
transmit communication from n, Mr. Charles
Devip the Street Commissioner It details the cireum
saftp his
bis imprisonment aud the taking away OF the books pa
@ the ns Pd .c
recently the poceednss OF those
is proSy the nf most desperate and Without
coanten.ncs ." any branch Of the City legislative
or executive. this ruthless violence and ndsnlty have
Mayor and Common Council of nearly all the effective
POWER required in making laws and administering
so to insult and degrade u.s. One of the principal
the City Government appointed BY the
o Of ID, 18th section Of the Chsrte Of 1857 placed
IN possession Of the Office its books maps papers ac x AZ
AdeInen prooria rersond who hiss for month d
charged hndanee is thrown into Prison
like ieon denied the advice OF counsel OF ;,hs
,cuted tn trust upon him by ne Corporau "
York Having violated no law nor committed any o'ne @
authority, the authors 4 the movement adopted a.
get him ont q the way 90 s. 1. CAV. Would not
the assumption of Conovsr he stretCo.
mission er doe. mot ,pe him make him street
Couiioner # torres himself BY the na ., , in,t
the .es Of member Of the Common Council does 0 P
to him any Official authority az meiber
question Of title to Office Of Street Commissioner has
No ,con has been by COnOver determine the legal
Mr. Devn Is Street COMMISSIONS and he only person whom
and my'ef snze 'uch whether ne gb IL @
position and as far a. know that Of every oshef Executive