New-York tribune., 1867-05-15
CIVIL COURTS.
SUPERIOR COURT-CuAMBERs- MAY H-BefOre Mt |
Justice SUTHERLAND.


THE WOOD IEASES--A pERRMPT0RY MANDAMUS MADE
WITHOUT NOTICE-MOTION TO QUASH THE WRIT
AN ATEIDAvTT OF MIR. w0oDs-TnE CASE FUR
The people es rel Fernando sg Connolly Controller Sc
This suit it Will be remembered j. brought 70 com
pel the Controller to lease for tea years O
portion Of Mr. Woods buildings at a, yearly rent of
$4,000 Two suits been commenced and two inluc-
last pandSy wee: Judge Barnard dissolved both these
njunctons aud the next day issued perfmptoTy man n
go to ia This mandanuS was publlshed IN fuli IN lHt
TEIDyNE At the time of granting IL Judge m harhu " WIZ Ws
hams 0. counsel for the city procured q 1elly Oh
the delivery Of the lease till IL NJ, on Wednesday
aud meanwhile procured an order TO snow lea cause e",
with temporary stay why the writ should hoI DO set
aside or uuashcd That order retuInabe on MOnday
last but The argument deferred till yesterday when
It came up for argument. . ,...,
objection that the order appeared TO have been obtained
by party 10 the proceeding The p3rt were INC heo
Ele Mr. Wood aud Mr. Connolly 1t did not appear '"'
The Conr oycrruins this objection Mr.. Allen objected
Mr WiIams-if you appear that cures lIie defect
Mr.. Allen-l appear only 10 raise the otle'iini g.,
Mr. WllamsIThen viii proceed TO take the ofdor py
Mr. Alcn-You will have give proof of service. at oil
Mr. Wiiams-That ia matter between me and the
Court We found some difficulty III determining on whom
serve papers No attorneys name was on the VIII
served ON us. We finally served on Mr Shea,
Mt Alen-YOu should have servcdi OF MI Wood.
Mr. Williams-I am here taking a default.
Mr Aen-we concede that service on Mr. shea was
Mr. Wiiiiams-ThIs motion il TO set aside q papor which
appears 20 10 order OF Judge Barnard II Is not
writ il Is not paper emaRating from any court II IL
p1rcr signed by G. c. Barnard Justice supreme Court
Mr.. Acn-i have some further preliminary objections
The objection to this papcc seems TO be merely ON the
rounl of irreguary The order 70 show specifics
nOsuch rrcgulary and under the rule, it cannot there
Mr. Williams-Our objection is not Of iTeguarity
Il goes TO the jurisdictions; want OF jurisdiction appears
on the face oft 1t is made eXparte without notice on
no ahdasit and even court. tAr Williams here
read the mandamusJ That is the paper that IS claimed
10 De q writ of mdndamuS.
Mr.. Allcu-Wcl. You have called II so. -
Mt WilliamsI suppose every ono ~ entitled to name
his Own offspring and we have borrowed your name.
The paper served is without scal or any > or
other sign to show that seal u affixed to the order.
There Is no court ont or winch IL Issues ~ - JustI.o
George Barnard commanding us TO stand ana denver.
The Court will doubt take judicial notice that Judge
Barnard is Judge OF the court but VA! show that IL
is not made by him in this court.
Jadge Alleu-Perhaps III the Common Pleas.
Mr. Wlliams-Ycs, here s the proof. In such matter
the Court Of Common Pleas have no jurisdiction ara Ih8
are IL in O faToT of the Common Pleas This
does not purpOrt TO issue ont OF the supreme court Ihe
Judge sitting in Chambers has certain wclidefned pow
ers limited by statute. Sitting in court he i in quite
different position. lie has general powers defined some
speak through an individuals they speak through the
court Well in this paper they Puipoi 10 aae CERTAIN Ian
| nard" who commands. This is not writ. Tire form
deermineS the character OF the writ The highest ev
dence that il is not writ is in form. suppOsingn 1T to
Did the clerk place it there lie is tho only proper per
under the statute If it has been properly done they
writ of mandamus must have a test and
Here there s neither test return The statute pro
ydes for return and H. on return OF the wF nc to re-
contempt OF the Court But it must be to court while
this is chamber order Within his jurisdiction the
man is judge, power; without 1t he is gentleman
perhaps. H. ,.,. a. a,
alternative writ There is mesne process and hna pro
cess Both necessary Mesne process by summons
ternatiye writ You must first bring your defendant
c,Odu ege into your Jurisdiction before you can have
can't ag ai Sng him in BY adS9t Sapposns You have
founded this Oh affidavit An affidavit gives no jurisdc-
ton: any rate You must show your jurisdiction.
Judge Allen said u was possible that there was no seal
original writ which he held in his hand.
Judge Suherland-There was an affidavit that the or.
not AVOID taking judicial notice of The fact that it not
granted at Chambers since was dated on the day that
he sitting at Chambers, and he did not grant 1t.
Judge Barnard was not sitting Chambers that day
The Judges had to observe the regulations as TO the d
ties in this Court.
Judge Allen said that there was nothing these papers
showing those facts As regarded the date Of the ORDER
il there was an imperfect of the writ il not very
material The jurisdiction Of Judge sitting In another
branch OF the Court great his Honors sitting
Judge @ do not mean to say that any
Judge court out OF court has right TO grant per
Judge Allen said II was for the Judge granting IL to
show amatiyely his authority, and not for coordinate
Judge TO pass upon it, lie then read an aihdaVt from
Fernando Wood, who swOre that the mandamus was ap
Piled for at the request Of Richard b. Connolly This, he
said removed the objection OF want OF notice. as ne SUD
mitted TO himself No third person, therefore, had
right ito interfere between the parties and person
could stand here and say that this writ was granted I
pdrte and without notice.
Mr. OGorman said that he had not intended 10 argue
this believing that the interests OF the city would be
well cared for by Mr. Williams, his associate but, in
consequence Of the circumstance OF this affidavit OF hr
Wood he desired to suggest that IL would be proper TO
give Mr. Connolly an opportunity TO deny that allegation
as cOCfical Of Mr. Connolly, he believed that there
must De some mistake in the matter, and IL seemed to
him that opportunity should be Afforded OF reetfyng H.
Judge Sutherland cOncurcd IN this, and suggested an
adjournment OF the case till Thursday winch was agreed
TO.
UNITED STATES CIRCUIT CoURT-MAr H-Before
Judge SHIPMAN.
TIE PRUsSIAN BXTRADITIOY CASE-ARGUMENT on THE
ORDER TO SHOW CAUSE WHY A WRIT OF HABEAs
CORPUS SHOULD NOT IssUE-IMPORTAYT POINTS
RAISED.
application Of Philip Heinrich for Writ Of Hsbess Copu,
I'm the case of the alleged fugitive forger from
Prussia, Rp Heinrich. after due examination before
Commissioner White, the Commissioner decided that the
evidence being sufficient warrant the extradition Of
the alleged fugitive give his certificate to that effect
Pending the giving Of this certificate Mr.. Chas. Wehe,
5sGs corpus and ssiiorGri the production of the ac-
cuse and the proceedings taken before the Commissioners
viewed and obtaining the opinion Of the Court
objections raised by Mr. Wehe during the progress OF the
examination, and which were overruled by the Comms
sfoner.
wr should not ISSUE aud argument snsued thereon yes
terdsy.
by Henry D. Lspaugh Counsel for the Prussian Govern
nent in opposition 10 the application
incidents in the case He then claimed that all OF the
proceedings had been taken in strict conformity with the
provisions or the treaty ana that therefore, tnere
neither given, nor does there exist, any power Jurshc
tion or authority In judicial tribunal TO ssue writ OF
babeas corpus or certoa to review those proceedings
That IL contemplated by that treaty that the
magistrate before whom proceedings taken In such
cases should be nteeredwith by any other magistrate
That jurisdiction In the entire subject matter OF extrad
tOn cases is given TO the United States
Commissioners inJ Qsxpress terms by act. Of
Congress- "He 10 20. hear the evidence, and II he
deems sufficient to sustain tho charge, the warrant
issuea" The jurisdiction IL not only gwen but s e1
elusive that the Court go behind the finding Of
any tribunal having exclusive Jurisdiction Ter tAs pxs
pose Of reviewing the facts That corpus 10
not competent for Court TO inquire into the regularity