, 1870-04-06

Continuation of the Proceedings for
its E'osscs4ion-ArEumc OF
mcHsEs. Goodrich ind
HrulNEcl%

In the Circuit Court yesterday, the matter OF the
Sheriff Is absence was argued on the motion to ar-
rrure tsouds OF Benjamin J. Cleayes, Coruucr, rs
Acting Sheriff. The testimony taken on this mo-
tlon WAS published yesterday. This argument was
not conceded, but was set over until to~day.
Nj. BradwclI, acting for the Coruhcr, 1rst ar
rues. that the Coroner IL, without coming
eve events % occur ~ WHICH ansN a.sgual.fy ,nt Sheriff,
1n 1esaea inas even Justice 81 Il H. Teas sss @ e
clare vacancy In the Office Upon the question
of Jurisdiction, he argued that In the power 10
10 tie court the authority to cxa1alnc into the
t.uct Of The. principal, wherefore II there
xas tao, xat M md 81 sfsy 1s o ~ xa4 h8 'hs
conceived thai al. lhat was necessary 10 this case
WAS iha, II Rhund le shown to the satisfaction Of
lie also argued that the Office may he vacated by
Mr. Grant Goodrich, representing the Sheriff. In
| hao shown why the Court should enter no order
upon ttls motion, for he hal said that the Coroucr
entered into the vacant office OF Sheriff without
lion cf tha Court Il such is The province Of the
| CORNER, why harass tie Court with long arKu-
ment f. rrosurs an ossltT that he sst
eGesA seEee q o. ja1isa,c,ion sisa IN Ills cass,
cu1nlnnt Catnet be oustsd until he shall have !lall
lIs slny IN conrt. 1n this there is public In
terrst also at stake. II the Cetontr should be H.
legally admitted 10 the office, then his acts will
nll4, he void. and the statute rEovldfnE that the
| C0ruucr should act I'D fnft17m only upon the
tiea:l resignation or removal OF the SheriU, IT,
mI.al meaning remUs al fru1n Ofllcc by ITeci
| 1utl,c1al pTpcert1lnH then the event has not oc'
Cured nnn which this application could l.e prop
OF l;l,nR the Office dcvolyes upon the people, at ar
eIc.tluu, to te called by the Governor, upon ON
| cIAl knowledge communicated ~ him b! the Coun
| ty Clerk. In The event uf removal from the cuunil
petE ntly then the fact must be jnIclaly nScer
iain.t, strict prouE mRalr autl Tie uflcc be eclar
Csi ,ncant To such rr.cte,llnr the otncer mus
c 1rrdc directly party, otherwise he would he II
no wise bound ty the orLer. II there has beer
| such departure, tnen constructive service can b
had. even Of writ qtf0 ndrTuuto, Whrh he aruuct
tn H. ile proper proceeding. As II the deputies
he Urged that ttcr are Nlun ny their legal oNllRa
lions TO theIr principal, and their actE Under tn
DECISION Ut th: Sufrr.ne Court, AT valid until th
| orCvv Is judiclAlfy acclarr.l vacant
| IN TIE RECORDERS CorEf.
In the Recorders Cuurt The argument OF th
Aal- Es corpus case wherein William t;rteu, alltvcf
10 c q COW thief, ts tho relator. wss yesserla.
confirmed sud concluded. The case has no Inter
est in It excepting as It brings m. IN 'lref ntt
question whether he Is rghtf1lly in Otllcc, hi
rr.rctpal, tho Sheriff, having shscnnlcl The tes
| t!1un..y was fully published yesterday, anil IN
case was taken under niivisetnent by Judge Nc
Alttsttr.
Oh the part Of the jn!lor II waa argued That
Icing De faeo jalor, h1s proper nets arr iawfn III
III ec be properly rcDurcl, OF until tat onlcs
Sheriff be DECLARED vacant in direct procctdl
1 Ap.tist him.