The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-29
the street Com n L. toner's Controvsrgy-Dsli-
cate Conflict OF Jurisdiction.
surRshB ooUhT-sPyoIAL rKRM.
Before hon. Judge Peabody.

Before hon Judge Peabody.
Der % In he matter Of D. d Oonopr o. TIE Mayor
Cornonay and Charles DsplR The PARTIES met this
morning for the settlement OF the order pursuant to the
decision OF Juese Peabody rendered Friday last in
or The plAnuG and giving him possession Of the
books OF the street Commissioners office.
MT D. Field prcouoed ! 30 orders that he had drawn
The settlement By The Court the nature OF one 10
give The books N Mr. Oonove Of tue other that the
def.pderts ere sholy joined ffs any fur1n pro
oscong' IN any c1e arising oct OF tnis controversy.
Mr. soElos en- tho part Of toe defence said that OF
ooure they did intend sgre this mat and
rtsd that tie orde would be made by tbs COURT and not
b. the council be understood precisely the decision OF
the Court bu would that toe order proposed eoes be-
yonc that decison be tcd that proceeding
tbs particular questcu-'ha 10 rcstranins the MAJOR,
CermonaHy and Mr.. nevin from in,effcriog With tee
booli Of e street umis'icpor's Oecshsd nothing 70
do vi ire o nien1ps oaie rev pendhs againss Mr..
Como or In ha Court 81 Common Peas that ose -as no.
81 mixei up 9Th she question OF the custody OF the
bsoss ard this ccurs shouid not nsefs aaemps
prevent Oaur Of coordinate jurisdiction (s least far
s,rr,,v. ard punsSh an, vsossion o. is orders ss
Orr soAe.) therefore OBI ed 70 bas portion OF me ors-
pr po,ed by Mt FIELD uculd this Court order she her
who the ooer cf the cnurti refrain from executing
the orders Of court Of ordinate Jurisdiction.
TIE Juege-rhs V 70 restrain Dsvin and the city IRON
Mr. sichl,s e,st,ncliy wished TO know bis Honor
ucre Peaocdy nrksed 70 nc.ude 10 this order the soil
pending against oorover for CONTEMPT q Zoe Of Con-
tmps or process Of that c,ur tocs this Oou atend by
thsiesond order ha, the Common Pien could not punsn
Judse-Oer,Any not
NJ BnsNed, Corporation Council esid by This or the
Mayor as are wholly rs.,r&ied from in.s,fsrnx siso
missioner such order DO entered The city govern
nens WIN be at an end
ms Ju6gs-rhe Object 10 70 prevent them from taking
Mr.. Basseed--The mayor and oommoualty oso. by
and surely his ocn, ma 70 ns % MAKE an order con
way the av OF The hud Al W sho second erdey he,
representing tho Mayer and conmonsiiy Of Nov Ynx,
n hsn .a~x .rult
their council from proceeding In hs csse against Mr.
Couys Of oomu Pleas oonover has oesn
,ss m. o"' s, ssg ss' so,e n. Soa
Of ComG Peas for action The OF oontempt Of tns
tribunal vas he 70 usaersaad that This proposed order
intended restrain him Has the Cours Of 0om
P'ss rsh, 70 issuc ~ own process against part. al
judged Of ooump, Of I've ordc-sf suo,se he mo red for
juds sgspss oonover, vas be 70 90 oonside,
guilty o. contempt OF this order OF Cosnf 10
he Court OF OUmman Peas 70 be rsstransd from punt
isg p.rc ~bo put I've der 81 oensnoe7 rnen,
ps ,hr vr ssued 10 Inc Sheriff. 10 he " be ressspei
from erecuing We order OF thai Court Ia ve~ OF the
dbpiy Of The oourt OF Common Pleas, which the pro
pey OF every ctz ard every erzsn oh l1d DO eaous
Of me ssy That or any other oour this ordsrsaorld
cnvdsnoo with tbe ocois,oo Of the Jaise hsh neuced
me vhsis case Bot he gentleman sss that tney may be
cen;ems IN obsyips he orde, Of mi. Oogr. He (yr
Fklf hoped thu. Ocurt viii be allowed 70 interfere 70
punn any ccer for obeying the msndas u tns tribunal
He hsc doubt the gsnuomen Intended "
Of Common Pleas 10 the oor:s ppi oue, and Liza
81 be hsuei 10 the shsrG vnoss arm osu soy ny
The executive suihoviy. the dignity Of the C,ur o.
Commot Pleas N humbirg tns Ooart by punish
ng ofosr tbcyirg s ordors thsn he wo1d say ss
me cunhy Of the o.url Of Common Ploas 20 who're u
ousht v 20, fr hes bctn atrsapy lost
M. Bustesd replied and vas plc&ed ~ he opportunity
Of berg able 10 bear Biz need o. approval and 70 express
hia apprecisuor Of The valuable aid rhion had been
dcved him 10 his by Mr. roses, who wN ,ciast
With him ibe pat az The o'y mo coprmT of whoa
Mr. Cooovcr hsd been sdjudgcd vas " FOR oheyine
order Of ths Court bat fW dscbeJiug al order Of the
Comm Pleas oour that has not lod ~ dignity, sat
has sned from he boar OF ls ta Inauguration "
The o. etens nne and rheJ udgts dsn1sd and
kaynei a. any ether lodges Of Court rlle
me threat Governor Of ne sss aid dsmss The
sheriff for executing an order OF oouri Of
justloe orek 70 reosive we osndemasnon
Of ibis Court or any Judge before sbon
n ~. pade. He hoped NJ. reld did not speak spon
suhoYy he hoped 90 for the dignity nnd honor OF Zoe
high poiSn Of executive oAcer o. tnb STATE II toe
Governor should dismiss the nerd for Obeybg an order
ola court, wty, the Inference sought 10 be csnveyet 10
hat he nay vista yoor Honor his drlosure "
veeo no, how the knee 70 this uigoty 3ss vss On
imuh 70 lhe dignity OF this C,ur thai such insncs,n
should be maze for Inc pprgose OF deterrng public officers
nor. sfrofer dsobArge of their duties.
amer some furstsr ducusson, The ss,opa ovfey, Win
snenomeois OF deepdarts oont'ei, submso 70 the
Jaosc mo tAd over Tor settlement Unit thursday nv
arg Ire oroer Tor the delivery Of t5s books 70 NJ.
borrower rs if over In c9psequercs o. hs enguemsri
o. COT nsel k anoher Oours