The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-07
DAVENPORT GOES To LAW.
FRYING 10 KEEP THOSE ROOMS IN
TIE POST OFFICE BUILDING.

THE POST OFFICE BOJLDINO.
Ask. Judge Laeombe for mn Order Re-
.tr.Ining the Postmaster and Gets an Or
der TO Mr.. Dayton to show why He is
Not In Contempt OF court-Hir Petition.
1obn 7. Davenport went to law yesterday to
A., IN keen possession OF the rooms In the
Tedcral building which Postmaster DAYTON
lacked him out OF the other day United
s,otcs commissioner Deuel.. acting as his at
,ornsy. applied TO Judge Lacombe in the
I;nItsd States Circuit Court for an order re-
,nirinr Postm aster Dayton to show cause why
ho sbould not be adiudged guilty OF contempt
=, court in locking Johnny out OF his office.
and also to show cause why permanent in
junction should not be issued restraining the
Postmaster from keeping Johnny locked out.
commissioner Deuel. said he appeared as
petitioner OF an officer OF the court. Davenport
bslnc, he contended, n Commissioner Of the
Circuit Court. as we'll as Chief Supervisor OF
Elections.
Davenports petition sets forth that he 10
now, and for twenty three years has been. a
commissioner OF the Circuit Court of the
United States for the Southern District OF New
York. and that he now Is and for twenty two
Years has boon. Chief Supervisor OF Elections
fo- the Southern District OF New York. and
that each OF said offices Is held by him in
virtue OF the orders Of this court appointing
him thereto"
After enumerating his duties rs Chief Super
visor OF Elections and as Commissioner Of the
Court the petition says that to enable him to
discharge Thorn properly rooms were assigned
to him in the building in which the Circuit
Court held its sessions. These rooms are now
Nos. ia. 176. and 17S on the fifth floor OF the
Federal building. and were assigned to the
Circuit Court OF the United States on the COM
pletion OF the building. Therefore. the petit
Dayton. the Postmaster Of the city" is a pro-
ceeding which in similar case has already
been ad,uasea TO DC contempt M OF n court;
Inc petition mon auD.es MI layton az ie. .s
rooms IN oispu.e oelUre eepe. !. aauihR int |
tho snn@
uiah, 70 disnoss.ss the netition.r e. wou,d
hsr. hssn a nh vs,ca imnossibii.v for tho Int.
ter to have procured suitable accommodation
,or the r.cords contained in the rooms com
prising details as to the last twenty-five years
ofCongressional ELECTIONS. within the time linn.
And your charges upon Information and es
lief that the ID day Of septembeI 1898 The said
your petitioner and his clerks and a.i,tant.
s. ts ..a
s S sn one mo-. GF of Tbs
therefor. Without furnishing keys TO your psttioner
GsasT S
him the on Of 6s are Of
law are an unjust and in, or nc;
district "-' 'e'D ~N''''' " '''N''
ne 'm ainst 1 sSrr referred 70 tho case OF
The petition says further that Mr.; Dsyt9 ton
snbsct fse1 TO snoaio s and nm
less he be stayed BY the court The petition
then says II POSTMASTER Dayton Is allowed to
snaed peR 1 the@ p e
nsss they VIII pass IRON the control ,S and snJoy
Mr. MIL Dayton svowsdiy intends to dispossess the
Clerk OF the court and make him accept the
Rs ceteea b. the that
Charles ". Dayton be required to show cause
wny ne shou," ny oe HrIrs o, cGn IN
!Snetion should not issue under the seal s, Of
a a,s Sou spo from ntesferUS Mit
this court and all It's otficers INCLUDING your
signed to and occupied by them for the pur-
poses OF their office"
The petition finally asks that IN the mean
petitioner as Chief Supervisor of Elections the
custody OF the records Of his office and access
IN es
should DO 10th to gran. restraining order a. thu;
make an order to show cause returnabe at the next
bo dfy :na XGy he ca" viii
sn ue,o us W ia III
VI ,o ~ ~. ~ ~. r. va
hardly probable that h hs Secretary has
It's records from tho proper place Presum-
ABLY ne has not been fully advised OF all tho eireun-
stances; ., ,,.. .,. pos,r,.,., ., .r,,., ~,
room and is SWEENEY anSons to res better accom- p
uodatIons and it 10 only fair assume simply
stated his eide Of tue situation A. Wa.hingten L IS
iased tor room TO discharge Us tImeons ana 10 Keep
aSs udus cannot at smpiy Tor the laek OF rooms for
ms ali to Sit in do not think it ia NJ ali S cir that the
Treasury Department contem plates any Interference
with the occupancy OF rooms required by the courts
Neither can assume that Mr. DAYTON who Is a law
rong y, nnt sbs Ieeord Wh.teWer he Does WITH
tbstn N aov auch sbape or condition that they are
liable lost or disspated or destroyed put
the way. They are safe In tile rooms now. II BIO
"Sa,t ioE sober second thought and Tor exsmnHt,on
W ION a. 10 ~ iacIs OF we case tnnk j, wi,