The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-12-03
SUPREME COURT-cHAM3EnS.

Mandamus Against the Police Commis-
sioners-The Fiuh District Coanciisnanic
Observation-Disclosures Motion.
Before Judge Leonard
The Peoyie de- CT rel. Thomas Conray the Bard Of
Metropolitan Police came before
The yesterday morning tho return OF an order
10 show cause why psremptory mandamus should not
Issue to compel the respondent sh ballot boxes
for reception OF polled for Councilman today
In the Fifth district The relaor Is one Of the candi
dates for the office OF Councilman In that dstr CT on tho
Esd OF April 1861 the Legislature passed an ac CHAP
$50 Of the laws OF 1862 enled IAN act 70 enable the
Board Of Superv Of the county OF New York 10 ase
money BY tax tor the use d the corporation q ,ne cly
New YORK aud Ia relation TO the expenditure Thereon,
and 10 provide for the payment OF unsettled Claims
against the city," The eighth section Of mo oi reIls
a. follows:-Ihe office OF the persons nov con-
sttuiing the Board Of Councllmen Of the city Of New
York arc hereby extended TO the rt Monday OF Jana-
AIRY, 1862 and hereafter the terms OF councilman
elected snail for full period Of two years Here
after shall not be lawful Tor the Common Council Of
city New YORK for other boards thereof, TO
appropriate expand authorize the expenditure Of
moneys belonging to the corporation Of the city OF New
YORK, 70 any obi CATION nding on sad corpor
alton, ex1et by vote OF threeiourhs OF All the mem
oers elected each b0ari shall any property OF
said copor!Sn b transferred or leased ercep, by soca
vote the saica Commissioners have charge OF and
are required 10 furnsa ballot boxes Tor The STATE,
souny aud chatter elections ~ this city No elsciton
for Aldermen wA take place this year IN the Flfth dis
lric ana 10 noce n election for CouIclmcn has been
issued. Tho respondents do not rase The question OF
The c0nsttuonalty Of the Jaw IN question, bus claim
that they bound that the law Il consltu
Eons unti Il is decsArec o;ncrwse. The Board cannot
nnd any provision of requiring Mr. Valentine gye
notice OF The esct aid they do not assume to give
tae notice thenseists.
Mr. A. K lawrence Jr, for tho relaor, commanded
that there no qut that the bill referred to
socl bill and She otkee o. Councilman local olcc. III
vas required by Law .thst subject matter OF all local
Dds should DO express s,hem lille, but in the bill
Ser tho xteps4ln and regulating Of terms
q Office was not expr ed sae e saa sns p ~s
nEsnce the Legislature lad no rsht 70 Interfere WIN
The eNtens ton Of office.
Ihopxh the Legislature pros ding for the Easing Of
moneys by this bill, II also providing means Tor inc
mon Council was part o; te machinery deslgaais for
Cor the disbursement ID ~ " tlat sense 10 consd-
sred thai y could not DC 20 va p n ~ ,n
The coua after Argument te o. Ibs pagers And a. ilIec
O'Clock directed mandamht . ~us
The Butchers aud rhe Board OF Hca'tn."o-
Iion for IpjuDctiors 4 sninsf the hoard.
Before Jue,S. Barnszd
ne Peapl. de-, e. rel 10 Pa b. Jant'sn a. The
Metropolitan Board Of Hca.N -rais Is an application
behalf Of tho rslator, who . butcher doing basi-
ness In d, Tor perm van snt Injunction against
respondent enjoinng fro. " prevenung him from
driving cattle through the rats for the purpose Of
taking them to bis slaughter no va y claimed thal
the decision OF General Term against lbs respondent
ON the relation OF susman II Ns.er, repaired IN me
Herald about ten days since, CO. tsu mo fehe sOusn
several hours were occupied yes sday 10 reading Tho
sGdavs upon both sides. and ~ ~ yea - ssNstea
Information references -
Of Strengthening cattle 10 foreign A.ss s.e hsssAsed
ratio OF morality In cities where sucl sfvsuaos ~ sot
exist so, contained in the rcspoL oas
tbs principal features OF them we're sonsueu a. ssAs
length in the report q the arsum y. 80. ~ 49, sns
motion for injunction behalf o. vses.ef - suhs
last A petition s9nst by numerous issasaS Y
Amty Great Jonos aud Third Streets wa aso ,eau. =
whcn The petitioners complained OF the no ~ .a.aha.,s
Of diving cattle through taose q
large number OF aiadasits 0; police once 49, ~ Is
also read, satlng ioTta numerous t.t - =,
which loss Of life had resulted from %. .ssLs :,
cattle through the pubic Streets aud several
mothers had saved the lives OF children whel
By infuratsd cattle, by throwing the children esss ea
ratings The aidavts Of ago numoer OF s~1nsrr
sst forth that pecuniary less could accrue WI tne
butchers o. ths clty being compelled 70 Iii their cse
above foftietn street, but that, on the c0nral " ~
would be advantageous 70 them they were 50 TO W.
The respondent claimed through rs counsel that sNe
decision Of the General Term bsiore referred % aid oi
cover the fgnt Of cstuedylng through the streets lie
Board OF Health Snustsfs promises as
nusanoe tho reatOr Shuster ought relief from tue
In ended sba.emcnt aud tbe coars he'd taat 70 not
Q nuisance
M. Eaton on behalf Of the Board. entered into an
elaborate argument Of about hours duration, touch
ing the or the act OF tie Legislature
creating The Board OF Heath and confcrrg upon me
powers which exercised and prob btDs tho drvng of
catGls through tho streets 81 the city Sae not yet
concluded. For the relasor, JAMES ~ Snlth AID Nr.
Bhsler; for the reSpondeas aessrs. Laton q Bss.