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

that he not N the Occupancy q III. Office and not In
Til. amounts % denial Of relief While another party In
possession and holds under claim however that hs
Upon this theory the learned Justice In the Of Como
YER hs eycs TO the fact which he did not assume to
that peven had the clear and and9nosa gS 70
ground for reasonable doubt In the TO the
Deve aud in refusing to look into the question Of title
for purpose Of whethsr was clear and free
from Doubt the authority OF preceding decisions
denied Having on this ground overlooked the actual
err the books kn to the party who had no title TO the
Office and 10 inpson Deven for not complying with his
The case again appears in tho same volume Is Abb p r.
several tnes The opinion of Judge nsham p 3ol Is also
The question came before him on habea corpus sued by
Devein obtain his discharge from the alleged unlawful de-
tenon under the process issued In the SAID before
The question Jurisdiction to srsnt the order for the
the only subject which then under discussion.
Judge Ingrasm 10 review Of the authorities showed that
Judge Peabody had inexperienced the statute nndr which
be acted holding tina. under color Of title the
possession Of Office dc aeo entitled party to the books
and paper o. an Iee " s.n TT r ssts wa.
reasonable doubt the eto the office that relief under
.ss admitting he could not look into q
before Judge Peabody and which he had
TO examine thc statements OF Conovor in respect 20
his title the Office contained In the papers upon which his
aupc alton founded and arrives ct the conclusion that
Judge Peabody w waGs % c Of e e1 n,1sl. s ".
spPoinmept wa. anaeaoraed and csriened upon him no
authority 70 take or hold the ONCE aud because be- sought on
smother who claimed 70 hodthe ocs by better te than
himself" az Abb. yS b. and he directed the dis
The same case VS. again befrs Court on an application
for eeyiorar and Justee Sutherland In learned and
into Is respeet 10 The rule rey,d the Of scs
Dc aet vaa third parties, DO. Invalid to hIm.e and
aSd s i s n & 70 IN e poesaSs
. One Of them ssd only Of them had tho legal right Or
s %py U question 81 . Us0 who had Rs
aoye%or Or s Mayo end AS.r%s% IA. h on a
and The possession q The books and papers .. shown IN the
proceedings before Judge Peabody was SO eeaI aud free hon
aSsss aa he ssyrry c books and to him BY
Devcln oush, allow the writ Of eoti@ar" Is How r.
With The exception Of the opinion Of Judge Peabody the
dee'cns Il the case q Conoyer and Devshn sm the pn
obtain .he delivery Of book. md paper, pertaining 70 Office
Examine the question Of the title Of the respective c'
70 30 .astsS bot TIT the light Of ne not
from any reasonable doubt the summary relief provided for
III. q The sppie.at 70 the Office /. free rom reasonable
doubt he absolutely entitled 10 the assistance which the
Wa ud then that Il oar duty to eond.r the claims OF
the respective parties 10 the Offices IN dspato or the purpose
OF Determining whether the title is free from reasonable
doubt and heeupon whether the possession OF the books and
paper. ought be granted refused to the applicants
The Board Of Commandments Of Taxes Wa created In 1853
The fr section Of The declares that Immediately upon
the gass q ls Ss there 't DO spR0nss oy the Sen,o
form Board and be degns,ed Commissioner OF Taxes and
% @ q. a Sir"'y ,s "a d aS s sS s
appointed In their places Any vacancy In said Board OF Com
~, ',1neIs rSn DEAN, o. rssthsoo, OF ON a oe
such Commissioner are appointed
force exhausted BY the creation or the board which the
Controller who held Office AZ the time the act passed
directed immediately TO al By that The pcwe,
this office Of Controller aud cro. be exercised by subse
of
Of FIVE years FOR which the hIs Cosmsiones were ap
Willie mus, be conceded hs, there express language
fr the creation Of contiguous terms. or successive Boards Of
Coms.ionsrs It should be also observed that tia act does
provide for the performance Of the duties for nded
ute succession Of yea Unless the act should be altered or
repealed contains the permanent system for assessing the
Of s % as ee' aas. d On
the Board h, appointed and who now In possession Of
,y,em Of sovern@en, and in the Oc term q this Board
ssunns the eorscness OF that construction then
on Of hve years for which the fret Commssoner. were ap
pointed becaase only for tho balance q the term that
appointment expired the third Of May, 1864. Should
member, q ha, Board die today II The position Of
rsators 4. well founded, the machinery for assessing taxes
ould be destroyed and none could be sesed collected
IN ster fresh legislation should be had TO set the machinery
In motion.
The history Of the parties In power and the erad character
Of the Controller q the City In Office wn the act passed
have boen referred order establish probability that Il
wn,he Intention OF The Legislature 10 frame the act which
h., the power ofgppoinent could Lot DO exercised by
my sub,eq1en, Can,roller
We must hold thst The Legislature AWAY, truly express their
intention, far IL expressed at All. and noi that
hing different meant nom the Ideas which tie guAge
yy' The Legislature had The power TO enact any law which
he majority approved and their ntcntiou have
board contnue fer term only, would hsvr been ex
pressed spt aud proper language and not have been M TO
urged that the indefinite provisions In respect he con
nusnee Of the board for sueessiye wathe result
ideut the OF the law makers but that
their intention 10 create but q single Such
ctlon Is nconsrous with the other provisions relating
!, hnimouy with the usual u legislation. Internal ev
lcncc q tho intention Of the gnr drawn from the act
evidence respect 10 the motives that sctusied them
derived from the report Of Contemporaries.
i've effect to every provision, ind in doing shall
'e. End tie meaning and The n,en,iOn Of the lawyer
The r ,ppon'ees we're TO hold their office for five yeas
Had the word successors been used instead Of others,
But Is the word others any less .snihcanti other are
be appointed in the contemplation Of tho act, TINE the
The Legislature themselves exercise any power Of
'onine, Office The act does that the fr, Board
Insisted BY the learned and Ingenious counsel
the gea,or. Had nothing been sald In The act in Inference
sss there would be better accepting theory
,ne term only. Bot why mention the appointment Of
o,her.' after the expiration q ave years " Insisted no
Ats IL. f Board 10 hold during their joint lives nness the
her why limit no FIVE years, the has done in
spes angunge The Legislature have used language 70 eI
tie Idea OF tie ctpifaen OF tue TORN OF the mel board
yesr and the appointment q others u that time In
heir places. . Il
II NY opinion viii not be ecrrec. inerpreationto hold
hat tie thing different rom that which 80
m, word immediately" In the 6rst section refers only
he Of the hat Board IL cannot have the effect
o oons tn. term of that Board which u limited 10 five
u 80 that new Board may not be appointed, to pre-
rlt continuous exercise Of the power Of appointment
The power Of appointment conferred pom the Controller
oa>e and got upon the gentleman now deceased who
eu Eilcr. lha, Office.
sa further the meaning OF the statute IL, consider
,la expressly provided and IN what respect there Is any
hns indefinite OF omitted .H tf4 ".
l. 1he provides continuous aud permanent system for
DE Of tAKeapellctAal un.esA Nteted NY utule