The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-21
7nx siREsr co1mMssOass QUESTION,

TMx STREET COMMISSIONERS QUESTION.
The Application for = Warrant against the
msyDr-1r-A Legality Mr. Coasserss APP
pcss.sos"t by AGE Mayor % bs Argued.
SUPREME COURT.
Before Judge Sutherland.
The Court having granted order Monday for Mayor
Temann to show why ne should mot sive up pes
sesan Of The oee, books and papers OF the street Com
mssoDers department to Charles Devn, and which was
reur able yesterday crowded 1t four
ooeck Mayor TeDsnn and members 81 tho Board
OF Aldermen p ssent many Of the attaches Of
the Street and Comproier's offices, al OF
whom, paid nGkea attention proCeediugs
Mr.. Smith, with Mr. Van Buren,, appeared for tho
Mayor, and Mr.. J. 7. Brady for Mr.. Devlin.
The following answer Of tho Mayor was put In
In the Aatter of Cherries Deuin tie CITY and County Of
Ne,o York Daniel +. TiemHnn being duly swora Gays
that he is MAYOR Of New York; that the l2h Of April
inst pursuance the 2ist section Of the CHARTER he
Charles D.vn from the Cfcs Of Street cOmmis
scper OF the cry o. New YORK, anu the day he
transmitted The Of Aldermen Communication
stating renewal sId asking the consent Of the said
board thereto ha, removal has not sincs been ro
vcked nor has sAio onaunicaor Aldermen been
whc Depooeit further that on toe 18th Gay
OF April inst and corns the Common Coua
oil Ia sad 2tSt Of he sAA1 clip
sad ce or street. ION mssoncr Of tho City Of New York
by paper whca lie siaped and Affixed tnerseo the Nay
orally seal III the s~id CITY od thas 10 soe evening OF the
sAso lkth OF April ~ Tho SAID Board OF
Aldermen o stating tds Cause Of cad
peson. Deponent further saSs that Efforts nave been
made by Joon personally said Charles
D-y In the gao oreiosi paper suspSLsou aud said
John NJ uaaole after diiigent SEARCH 10
male such ON said Devn Deponen further Says
that at nesting the oosrd of Aldermen, ned the
evening Of the 18th OF April inst, the said 3oard OF Al
dormeD consented - the removal OF the SAID Charles Dew
lin from the ofct street C1mmissoner Dep ,aeo fur
be removal OF said Chas Doviin ne
foepoLent) transmitted cotnouicston TO said Board OF
Aldermen 1T sold meeting the iv.n OF April rstau!
there follows ID. Mayors communication wilton mas a.
ready appeared IL our counDsi and that sad Board u
Aldermen o. the sane neetiry eJDdsaed the said nom
nation Of Edward oOpef 70 sad oiico OF Street ,nms
soaer Deponeo, furuer says ttsi said Edward Cooper
after bis spt said office OF street 20 minis
sioper sccepte appointment aud in due form OF law
took ara flied bic s=o cath Office aud 1uly executed
and fled the boad with sufficient secures; aud
that said Ea~mtd .ouer eu.r,uvoa became AMI Is now
Street ComnissoLef OF New YORK, and Is
In possession st Office of street. commissioner and
OF the books sies, and docuuAcbs vatlo0s Go
scr.pons sinrg and belonging 70 the said Office
ana which are the Iii gned Dy law tor
the che Street department ia The building known as
furthe, SAYS that sal Charles Deyin has never o p
hin. the keys OF SAID once nor has he
10 person posscsson Of ssd books papers,
nsps and docrmests OF v.i"us descriptions appertam
ing and oeion gng said office or Street, Commissioner IN
saad city.
now before the Court that should
under the esd VI the is Revised Statutes against
the Mayor. He cnDo the 4sd secaon which provides
thai deftnoAst neglect " deliver over
such books, papers &c, &c ne shall be deemed guilty
Of mdemeapor AND also the 2sSth section Afssr re-
rsrring length judgment the Court Of Appeals
and the pro ,eodpgs board VI Aldermen, he argued
tba& the Mayor reainrg ps~sesson a the ONCE, pagers
books Of the mssooorb Department. a2ter
the jucgmen: OF the Court o. Appeals declaring NJ.
DevIn legally entitled 10 IN. cce amounted to contempt,
and that be had right a. NAY 70 hold them tnan
any more citizen 10 that room 0erviAx no power from
any wish these tooks and
papers What ultimate fruits of 1t would be time
would determine BE submitted that all tna1 was doas
by he Board OF Alder and the Mayor and contained
IN the answer had nCtnng 20 DO nth tne present ap9I
cation hre sas The OF ms Court Of last resort
declaring Dey,in hed certain Office acd
titled n sno al the ,ers Docks ana maps appera:nng
belonging IT, tina. ucs nen Should be executed or
vould say after person essablshes ais claim and
obtains judg OF the last TRIBUNAL tnas ne WAS TO
have no way Of executing L. &c ss1,.aasd a. a. Inc
papers, &c, INTO his possession Street Comnissio0ef,
no one else had right to retain them from MIN single
moment
Mr.. smith, upon the part Of Mayor Temann, resisted
application referred 10 the several sections OF the
statutes and the ch.re Of the Corporation 70 sno thai
Mayor remanr authorized retaining possession Of
the Office suspenains ar Deyln and appointing success
Mr. Brasy having repiei q, length,
Judge Suth 40 thought the whole question
turned the ish " ppsc OF The Mayor to suspend
h.u the Mayor 10 hat over the books papers,
&C Of the Street Comms office TO person sho
not Legally street CommDS.oncS lee Jac8c suouio
det~rmpe whether chs party ented 70 the ONCE or
nos and he considered that vas the orrsr Mr. Justice
Peabody comnlcd controversy In not going fur
Their had cet6rnilng WHO rea y was street
Commissioner. II sso 70 be decided Whether the
Board Aldermen had the power under the charter 70
suspend Deviu, Mayer had power 70 appoint Mr.
Cooper with of the Board. The Mayors
refusing 70 give up tbs papers miaht ecnnea DO called
cootemps but he doubted whether the Court would 60
on snc order papers books &C. 70 be delivered up be
had that power under the charter He thought the ques
ton OF power shoud be argued and cecded.
Mr.. Brady thoo put In The AnidASh OF Alderman
40 resereuce TO Mr. Devns SUSPENSION aud Mr.. Coopers
appointment.
Hr Justice suther and remarked that he had not before
verv stteptvely Iooxed into the city charter. He
tho mi thai was very baby worced-sensonees badly
con structed and Amo guous wor IL used.
Mr. BrHdy-f would not Visa 70 20 a. far As that am
a.ra,d An ncouAIptarce Of mine wrote H. (Laugnier.)
The further bearing vi me matter WAS postponed until
Saturday next