The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-29
fHE G ovRTs.
ArsssA ia S.G.isssS g dc Qssrs. -

The csetss ASusAscs CssersSsssy -Ths Case
Arsssa AID 1sbsisese % sss Vyyss. -
ssfvs saAss lA@ke 40N
rAs Ssspis - nj JsAs T. 1RsASt. - fAs~Aas -
pAsu snd siaAssd q. DsvasA --rAis go esas NJ %
motion an order 10 show ossss Wy psssspsory
msndamas sheuId not lsas 70 compel fhoass etspasns
Prssdsai and Riehsrs I. D~rssb. Assistant CsouA>
soasr Of the Crotch Aausducs Bossd, - ssssseAss ~
books papers aad ooss Of che aspsrsnsss - NJ -.
laios the asw sppoist.s - ,hs once Of Pesdss sods
the aouiussios a Mayor Hoffman and me spgrsyN q
The Board Of Aasrmsa. rAis noaisauen W6h sbpssve1
on The ish and an ,As .ams day Mr. nssdsy euAiissa
apd made "a unsucesssful attempt TO obtain Dosssssoa
ossdins dsy and formal demand made sus dsvs.y 81
the once and iis sSsct- sas " ssspasas tsci'ssd "
scssds.
Ths return o. W. stephens 10 tbs ssdsv V As~ esuss
that hs has hcd shs ocs Of President Of tbs
Croon Board since the i3lh day Of April s00 aad thai
the ONCE Id has bern advised by counsel that
person nas ysi been Appealed 70 sucossd hm IN
that The isr i:vy Of New YORK ov isss = provaua for
the oATmsos Of extends slso hs term Of Office
and dsprvss the Mayer d the appointing power The
caims this sytsssou reeds Asiarss Of the
Crnion Aqusdrct Dsparsmsut eelTs0 rhs Ensnssf ssA
Ses sow The ~ Tires years srom and ssr the pas.
see of tss sna any vsoAncy 10 this number shall be
Allied by tho members Of Tho Board naming In oaoe'
The returu Of Robss I. DaaSh sets forth thai s has
not appointed sdvtssd united with A. w Craven,
Eognssr OF me Board In appointing any person
suoossf Mr. stephens IN tho vacancy caused ny tho e.
me case for tao rss,or was opened by Abraham r.
wrsnce. Jv uho coniendsd that the ert of the Less
iIrs In providing for alteration Of the charter OF
New York. Unconstitutional and void. lnasmuch ~
thar purpose forth stated In the title OF the
Board OF supervisors Of tho county q New York 70
raise by tar for the ush Of the Corporation OF
tho city Of New York, and IN relation 20 the erpcnd
tgrs thereof Il WA also oonsDdsd that even " the
&C, we're constitutional applied only 70 the Engineer
and Assistant Comms Of the Board and u not In
any sense applicable to the President
Luther X Marsh, for the defendants. held that the
conn could not Intervene In this case BY mandamus II
there !. any other legal remedy and that the pssen,
procsedlns "a not proper method Of testing the va
hdity OF ths rsls,ors claims 10 the once, particularly
where the eonsuionsty Of tho Law T. caleb IL qus'
u perfect loyal remedy and that the cs~s fully
vdsd for by section AZ of code and 10 which II IL
held that msndamu- wiz not lie 70 s!cct one man from
once and pu, another In shoush there ara casss whore
~ 10 n"id thai " party has been expelled from once
the writ may issus to resto'e him.
Tho counsel FOR the reAts oonandsd that the term OF
Stephens once expired the "a of Decsmhcr, hcfore
tho nomination o the reator and that he Vas excluded
tue Once by the rsspondcni and that he CLAIMS 20
he en- tied a. tho once solely The ground OF The pro
visions of h~ above cited clause OF the sx levy The
reht OF ,he rsaior 70 instantaneous possession - clear
Section 10 of the charter provides thai tho head
Of d-parmsnt other than thosc sected by The pope,
shalt bs appointed by the and with the advice
and consent Of tho Board Of Aldermen. Tho Croton
Aausduc Hoard Is one Of the departments mentioned
IN and organized under this charter and the Freient
Of the hear thereof lhere color OF rgh 10 the
respondent stephens the Office la question: his term q
once having expired before the nomination Of The
ator. aud tho relator having been duty appointed aud
auan.d his The act Of May T. 1903 40 far
a. attempts extend tho Of oice Of any officers
OF the Crotoo Aqueduct Board unconsttnilons and
VOID b.canse that act local one and the provision 10
question entirely oge,gn 10 and distinct from thu sub
Joct expressed In lis titis
James r. Brady, Tor the reisfor IN closing the ugu.
meat claimed thai the rule sg2inst th~ issue Of
damns applied only wn.ra the psrsoa hodiag had
coor right aud called the attention OF ths court
" the construction Of the act that the respondent
had stihabe right aud also that the construcou ~
the act eairnod BY the opposing counsel wa forced =
and entitled 10 tho consideration OF tbs Court Al
the Close Of argument the Court took ths papers and
reserved IL decision. For tho rslstor james brady
and A. Y. Lawrence Jr For tho respondents, l. "
Marsb, Waldo Huichins aud n. J. Waterbury