New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-21

SUPREME CouRT-orssnsL TsHn.--JrsE b-Defors
LrosAEp. r. J.. CLxnNs and srrunRtASp, w.
THy TAX coMsusIossIs CONTROVERSY - JuD0-
MINT or TIE COURT AT SPECIAL TEgN AFFIRMED.
The People, rel Amor J. williamson snd Josiah w:
Brown, AT. Jonathan W. Alien, Oeorye ii. Purser and
We present below tho very interesting opinion Of
the Presiding Justice on the points Involved in ,his case
Br CouRr. LEONARD. Procsedings in'
,uled May lat, before the Hon GeorY- O. Bnnsr. Of
tie Jns,er, Of this Court BY Mcssrs Allen, Pussr, snd
woodrug claiming have 6ssn appointed the Office Of
Commissioner 4 Taxes Nc ssans, the relation here Messrs
eunben,. the purpose Of obtaining possession q the
,ud papeI Of tho oc~ which tho ren,os rc'a-d 10
r,d,r ts pcson, 10 bed been sppoied These pro
&c, sinrs rcsS Jsier M the rrsor' deliver
W DnoGs AMI pcrs 10 the srrOinee ;he defendants
AZ sud 0hes, tia, Ia Of defiat they IT, committed
fs eraccedlps. have been brought before the General
D., Rived si-ta,. declare. tia, whenever s1y hron
d. ~ rsmov,d Ncfr 'r' 81 the tern ior which he sh1
70 nd s ie, ~, i, saser-.or a. he eool, and pspsn
ss,b oner ~ n sy w'y 'ppJ rI1a ~, 70
Biz arersoi sy boil. 81 rsr~r, ,seh may
nase ON, STINT errcf 20 my uc- Of Che sufcme Court
r D s.a. s'b r. Ss w,iis ,sss ,bor and
'f. WY be 'hegd ns be eonp-s % deliver the sane.
'bc 'hn. srorI w l.,lce a oseSa 70 W
Withholding ,uc eoos' and papers shall paAe shds't th he
n they shall have besa Withheld the Justice /, required by
wtsstI0 sG%eH Pysn 80 SIa' 10 ~. ~, oi is
ssssa arcoaIns to sw shd the jgss /. saoi,.6
zoe ,ds ~''n + era zen o00t '5' "a yang
/, has been well d, ed that III. statute can BE- PVT In ope-
,son only In where h. elisu mas clear g,'@a yae
lille % ts o.e, Zee f'on ies.onsbe 'gb i GIG s1
The People Stevens and note eJl Hub. g. r. 3l3 In
re Whiting, II bow. \. H., ~ ~ Ie bAAetl
Thee also hold wen numerous others, that IN
Office The du,y Of the Justice 10 proceed and protect the
party elected appointed TO Office sgn,t the anawul VIII,
holding y his Predecessor, ~ the books and spefs Of the
Office. O. low ;. r., d. Cobbs v Ds,ls)
In the case. esl The boil. and gase were wiihhed s
the oee-dngs peudins found Deceisary 10 look into
the title for The paPo,e seer.nss whether !s sh' o.
aniuaioI not pa Of the title to the Office breagss ihe y
no, !hY ,gag,dp inyoyed ne l.s Is.ain, wholly ~,
which the law requires him to pass when proper pre-
sented by proceeding under IBIS statute
tho Ig, applicant Tor s possession Of be' and pagers
in every case whre piole snith, could ps IA.ed %
evidence TO be sdduced by be rsd claimants dseadng IN
the OF elective Office the certificate Of election aud pcr
mins oral testimony oiimud o. regnlarly In coaduclbs
the election raise doubt IN he mind 81 favor Of the par
Withholding the official books there woud be few where
relief coni 90 4Alcd and the 'lttuie would virtually be-
In tie Gaze Of BAKER lcied above from II How r. 400 be
claimed to wsLos as s S ,s f sg Sss o.
o. which the party who clfied 70 BE- hi. had
been candidate for that oee az wei as hm,ef had been
guty of and that the election ives Irregular
Tbs irregularities, aad nseondUct eoppained Of do not Ap-
pear have br Disputed and 90 trial AZ the title oil the
rites 10 tho u qneoir nifh, have led Va favor
Bier who had been tie incumbent previous the election
vas held by Judge Thegon H. sqqns that the certificate Of
the cenYss'es we. It,ns vac o.''o
al he question title and Baker was held 70 be properly inn
pf,oned Ia the County Jail nuti ic shord surohder the
pcS o"nsR Of Ja.cs ttte Of tbs ce u tie case d
Bartlett decided in isst and reported sAbb Pm p %n
Object 20 compel The delivery oft1e books aud paper by
summary pfoctena to which person duly sppointsd 10
~ os Is aD9s s sa sHs s 10 t. esants ~ &
Jaiss TO whom thai is made are n' the pre-
4. asla. nj IA.