New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-08

ys,ehiy Commend"bie Actio" Of inc e"''''
Engineer.

,rr Chief Engineer Decker whose hos'lH'!
90 the new Paid lire Department Ac' We presume "'
I'D ro. Ike 10 have questioned H'S roNeI'"eiesS
ued the following order to the Dep"i'e't VI "nlc"
,sue head, and tie public viii DC gao 10 kh"" tIat
;ohever fate may befal the new a'' "Aeh 'he courts
~ col stituiionaity life and property
o,a stiu 70 be protected. The on den referred
:, as follows:
Vf TpF DErAEIMENI, INV YorK MAY 5.
tie OSees and M'O''S E" nc ''' ~ i''''"'" " vac
Cag desire to inform you that the Attorney
& srai fthe State, Of New YORK one Hon; John
~ ne Mayor the honorable the Common Council
:, tbe Chief Engineer of the Fire Department, cnoin'
IN hem from delivering the property in their charge
e. custody Of the Commissioners OF tie Metropoli
ca Tire Department go called
i e same officers have also caused an Injunction 10
>, served the said Commissioners ly the MeirOpOh
Z Fire Department enlOining them from aching a.
am Of the opinion that the act entitled IN Act to
re Metropolitan Fire District, and establishing a
Department thoreiG," is cle.T Violation Oi the
c stitution of the State of New-lork. form tbs
o. aion from consultation had with the most eminent
n SIS ia tins city, and feel confident thai the conris
v 80 decide it, H. however. contrary t0 general ex-
O. taor the act before mentioned l. declared constl-
{aOnal will quietly acquesce ana surrender 10 TIE
proper authorities, the bose, apparatus, &C. in our
possession.
Until such decision is however, rendered it devGves
upon faithfully perform duty. heretofore, TO
protect the lives and property Of our ellOwcizens.
The officers and members Of tits Department are
therefore hereby directed to continue TO perform duty
n usual under the ordinance the better uaon vi
ehe firemeu of the city of New York adopted Deccm
Der "a 1864 which is full force and effect and viii be
carried to the letter; and any tremen or fire com
1any violating any of It's provisions viii he complained
The Board of Fire Commissioners and the Commits
BOners Of Construction aid Repairs viii continue then
neetings heretofore, and all applications made 10
q 1op, al fsay INIT ffHl irfN M
desire further 10 Inform tie hremen ihat IN case CT
any breach Of the peace violation OF good oder OF neg
sect refusal TO perform duy promptly shah lake
the apparatus in charge Of such con an 10 NE puunS
gard make complaint 10 tie Fire COMMISSIONERS ana
Insist on the disbandment Of such Comp"L! OF Coh'
Ianies.
All orders given by the Chief or Assistant Engineers
or officers Of Companies must be PyoPy obeyed and al
cases of neglect or refusal "a do Wal ~ reported and
lie guilty parties punished. JOIN DECKER
Chief Leineer New.i,rs Fire Dept.
We understand from Mr. PiEekney, President Of the
Fire COMMISSIONER that that Board is willing to test
she constutonality Of the law ana will be prepared
fully for that test at the proper time.
His Honor Mayor Gunther has been served with O
copy of the injunction granted by the Hon. Josiah
Sutherland. Justice Of the Supreme Court restraining
Tie Mayor. Aldermen aud Commonalty from trans
ferrng tie property of the old Fire Department to the
new one. Accompanying the Injunction order was a
summons compelling the new Fire Commissioners to
answer the complaint within twenty days after the ser
s!ce of such summons ard complaint.
The Street Commissioner has been served with O
notice of which the following is copy:
CHARLES G.. CORNELL. esq, Sir1a Commissioner-SiR;
BY authority of the act passed b! he legislature o. the
State, entitled An Act 10 create METROPOLITAN FIRE
District and establish Fire DepaitD ent therein
hereby request. behalf Of TIE Commissioners sp
pointed by Said act, that You deliver 20 SAID Comuis
tioners such property may be in your charge be-
longing 10 the city OF New York for he purpose OF ex'
biaguishing fire. Respectfully yours
c. c. PNCKgEY, President.
Controller Brennan has also been served with SIM
lar notice.
Mr.. Cornell upon the reception Of the above notice.
sent TO John L. Deyeiu. esq Corporation Conn
sel requesting bis advice on the matter Accordingly
Mr. Develin transmitted the following:
LAW DEPARTMENT. OFFICE or COUNSEL TO The
CORPORATION. Ma, 3. lst5.
Hon. CHARLES e.. CORNELL, Sfrtd COtshtsstoner-
DEAR SIR: In Your note Of this morning IN
closing communication OF C. &. Puckrey, President,
guessing YOU To deliver up TO said Comm such
property nav be IN Your charge belonging 10 the
Ety OF New York. and used iOI the purpose Of eNtn
gushing fires have the to say tlai under the
terms OF the injunction, Of which informed you TINS
morning. you cannot comply with Mr.. Pinckne!'s re-
quest without being guilty q contempt OF Court
1ours truly, JOIN l. DkNklIN'
Counsel IL the Corporation.
Thus this matter stands at present. and II Is fair to
presume that In few days able oounse. will be engaged
In our courts to test the consttltonaiy Of the new
law.
Nj Street Commissioner Cornell has taken advice
from the Counsel TO the Corporation by whom he has
been informed that the former cannot comply with the