The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-09-20
THE mANuAmus AGAINST STREET COMMISSIONER CORNELL
IL He Compelled to Exhibit the Records Of
His Department TO All Citixens-Retarn Il
the Mandamus-D ecisi0n Reserved.
SUPREME oOuRr-CHANBBRs

In He Compelled to Exhibit the Records of
His Department 70 All Citixcns-Return to
the Observation-Disclosures Reserved.
SUPREME oOURr-CHANBBRS
Before Judge Barnard
SEPr 19-The People er REL Richard H. Henry
Charles G. Cornell Street Commissioner the 7th Of
September mandamus was issued by Judge Barnard
directing the Street Commissioner to exhibit certain
records papers In his Office TO Mr. Richard N. Henry
citizen OF New York. show cause TO the contrary
the third Monday Of September The points Of this man.
damus were published In the HERALD at the time To.
day Recorder Hackct appeared counsel for the Street
Commissioner and submitted tho following return in the
form Of an affidavit made by Mr. Cornell
Charles g. Cornell OF the city of New York, being
sworn says Is the Steee Commissioner referred TO in
the Of mandamus in this matter that 1t is true
alleged in said writ. that the contracts vouchers,
business Of his office by deponen kept and preserved
for the benefit Of tho CORPORATION Of this city and tho
Ss S on e ds
gust 1900, deponent was applied 70 BY person then
Henry and who demanded, the part Of the Gill
zens' Association possession OF all tho contracts and
the Corporation Of The city Of Ne York in the year
1863 In order that he mieht examine and make copies
OF the same that said contracts and vouchers are very
numerous and voluminous, and have been carefully
ned away, and that compliance with the request Of
sad Henry would involve serious disturbance OF the
necessary details OF deponents Office and impede the
proper working thercof that deponent did consider
himself justified parting with possession Of all or
any Of said original documents SO that the same might
be copied outside Of depononts once, lest any Of the
might DO lost some alterations erasurcs or inter-
pola.ions made therein, which might defeat impair
the validity thereof On tho contrary deponent deemed
that by parting with the possession OF said documents
he would bc guilty Of violation Of his official duty;
neither possible for dcponent to give facilities 70
such copysts would be required TO mako copies Of
such numerous and volumnous documents In his Office
without interference with the business Of his said ONCE
and impeding the working thereof That impressed
with these views, and believing that by acceding 70
tho said demand Of Mr.. Henry precedent might be
established In virtue whereof any number OF citizens from
curiosity or from trivial or malicious motives,
the right copy same, deponcnt did refuse 70 give
Mr. Henry possession Of the various documents by him
demanded but deponent then stated he would be happy
70 give procure for Mr. Henry full and exact nforma
ton 70 any specific question relating to Of such
contracts or vouchers, and would allow Mr. Henry
any other citizen to test tho accuracy Of such nforma
but that he could mot part with the pos
session Of said documents or submit his ONCE 70
the disturbance which would Be consequent allowing
employment And deponent says that he has not now,
has he ever had any desire or purpose TO conceal
concernuS The ,nssctons Of his ocs but he sys
that II II understood that any citizen had the right
to enter deponents once and inspect It's records and
there copy tho same, that very much larger space
would required than that occupied by deponents
Office, and much larger staff than 10 now employed by
dcponent would DO required In order to secure said
records and protect them from loss injury mutaton
at the hands Of the persons whose possession the
same would temporarily be placed And depvnent, re-
peatng bis readiness to give all reasonable Information
at all reasonable times 10 every citizen having an in
terest In the transactions Of his of1cc consistent with
the due trfomance Of the ordinary business thereof
respectfully submits his action In this matter 10 the
CHARLES G. CORNELL, Street Commissioner
After hearing able argument from Recorder Hackott
in support thereof Judge Barnard took the papers and
z erved his decision.