The New York Herald Newspaper, June 30, 1857, Page 8

a Whe Bandamas against Street Commissioner Deviin. SUPREME COURT—SPECIAL TERM. Before Judge Peabody. Jonn 28.—Danid D. Conover vs. Oharies Turner.—Soon ‘afcr the Court was organized this morning, Mr. Brady said be toadverten:ty omitted to refer to the subjcined section ef (he ordinance, and desired to call the attention of his ‘wpponent to it:—Seetion 471. Ifa vacancy coour im the of fice of any of the beads of departments 10 be appoiated by io Common Council, is prescribed by section 465, Mayor, ty amd with the advice and consent of the Be ,.4 @f Aldermen, shall appoint a person to fill the same, wag ‘haf beta affoe for the unexpired term of the PO gon in ‘whxwe piace he dali be appointed. David Dudley Field, Eq., then rosq and w4a—ir the ‘Geart please, im the first place let mG thank yee for your Gindness im allowing mc to EpPik to day instead of feberday. ‘Let me thank, also, wy lear”sed friend on the a] and of a mauly oF, payor dh hub ome aase w bi! twbe ‘Wield then r- HH Ht ti f 3 4 i i 8 e i | B I E ii HH i A iit oe at i ry i iW fl i a ie E is ! £ ; } g a E E Lg & i im u at i 43 F & % F ty i é f £13 ft 1 gg nt 3 commision, claimed the of. is. Turner disputed his au- id it, amd Mr Conover re- ap sroprmted Street i iH i az Fg i i i i eet el I B ft Eg ge i i i e i ul [hee Bo Ee i } g ‘ tt Fee! H 5 i = Hf i i | £ a = i wes Q of Mr. Copover are submitted, in ‘and arguments on behalf of Mr. Devlin. which bas been made upon oo State,” in the act of Februar, The office ] ‘ i ' i E g Rs g i FI i Fx Fg z f 5 i i E F ¥ 3 e i E i gt rt fF F , ' t } yess ih Be 8 ge Hf ut ag 35 i f : H i & E 4 i | i : 3 questions down to two:— had the Mayor the right to fi:1 the offic: ” aud second, @i4 the Mayor, by refusing to decide upon Mr. Conover’ Bond, defeat bis right to the po-eession of the papers of the fice} The constituviopality of the act of July J, 1849, ite @pplicabilky to fhe vacancy in question, the ayy o- priate ness of this proceeding to obtain jon of the papers, are too well settled or woo clear for further argu ‘Third Point—Had the present Mayor the rigbt to appoint @euccersor to Mr. Taylor, the late Street migsiover’ right of a Mayor, elected under the new charter, Commissioner under that charter peed not ave, example, wher he iegivlative power shall be vested in ‘men and a Board of Assistant, It refers to fotare Aider- men and Assistants. So tho third, fourth and fifth sections refer to future officers only, aad the twenty iret section wofore to future offloers. 2. Take now the nineteenth section, whieh ts in these words: — ‘The Mayor, Comptrolier and Counsel to the Corporation gba each be vivcied by the electors of the city; the Mayr f the term of two years, tbe Counsel w the Corporauen " term of three years, and the Comptroller for the terma of four . The Comptrotier sball be voted for upon & Rep :rate Boia Tbe other bende of a ta shall be appointed Wy Mayor, wilh the advice aud @oascat of the Hoard of alder 6 Boar* of Aldermen shal! bave the power tn con neminations of officers mate by the Mayor, Feveuted by the Board of Aidormen, the Mayor shall imme: Gieiely nominate another. feculy certain that the Comptroller and Counsel mentioned in this section, are not the and were elected ia three years each. If the present Comptroller end hye = inemded, in ger snd a seen enn it ht that the ot ror and the proses Reads of departmer ts, ‘thor than the Comp.rolier and Coapeel, are included? & When the di are not reorganized, the charter was thas expressive: “There shall continue to be &@ executive department,” &c., as in the 24h and 25th Beouions, referring to the Croton Aqueduct and Aimshouse departments 4. A distinction is made by the act between officers ereated by ihe charter and thoee bolding cfives onder it. ‘The 4th section deciaroe that the Grand Jury may pre- went any officers created by or holding offloes under thie charter, The government of the city, ap to the let of January next, is w! carried on by he charter. ‘After that period it officers elected by the or appointed by the or, and holding under charter; though as to the tices of Comptrolier, Counrel, Street Commissioner, Cay , and of the Croton Aqueduct Department, it will be carried on by officers created by the charter, unul the ist say of Janvary, 1560, when the whole machinery government will be worked by officers clectod and appointed and holding under the charter. on by officers created by will be carried on wholly A ES Bb Glet rection provides for carrying on the city government through these teveral periods — Rec. 51. The Mayyr, Aldermen and Councilmen provides! for Non for olarier while ee Mien ber, eiebten fm this act, abal be elected ai the firet be bel * treet napecor, aad tbe officers of the Croton , shall continue in office tntil the expiration of ont pevsour now the Corpo ation, Comaaissioner Aqnedaet om the day beiore 6. At the death of Mr. Taylor on the 9th of June, the office which he heid was beld solely under the new char fer. The old charters under which he had been elected He could exercise po wutherity under expire win the | ! { Cs oe Meyor * 4 Fempect—that the Istter takes from the Res aire 4 of contro! over, or tpterference with, the gave it to" a@issioner’s ofiice ull 1800, while the former (3)? Aime im certain wie ae words ‘until the Oounct! shail other- trolc /@0%.” suppose tbat tbe Common Council has con- Com an Goma t Go Cuma, ae are the #2 the right (0 continas them, t> re-enact ir a to eine thank, 02 09 sepanl Gam Tt was clearty not : to give to cots ag ara 6 @erity, but to prevent the confuston h mpi ore be fore new ordinances sadject be pansed. ‘What ihe Common Councid tained a: am ordioance of (4) The ordwanes ja the Street O mmissiener’ thom Of the act of 1849, Convenw Dee, just ae rive no force f om being pal from whieh they were onpied fais, the %& The charter of 1849 ie sent cbarter It should seer Clade that ibe Legisiature wanes, while i has intended and bes manifeskd such O ftarth Polat—By refusing to decide upen the of Mr, Oovover’s bond, 1 to take porseagion of the papors of er's ofilow. 1. The commission issued ance after this charter, no security: re eeSeemco fection 96,) which oceclares required by law to ex the rame to be filed ky prescribed for fiting this offce. In the sense ot required to execote an official bond. §. K, bowever, a new ordinance was not necesvary, and ibe old ordinances might be resorted te, by force of sec. 82. ‘ro far as the same are applicable ” and “not it ould not See Som If this ordi- mance be valid. the Common imight pass one tha: the Street Commiasioner inted by Governor, be foro entering apon the a: of his office should execute a bond, approved ‘Common Council, or by the for. mer Deputy Street joner, or by any other person whom the Council sbould and be illegal. (7.) But if the ordinances of 1849 be in force, be appt- spect) logal and valid, i doesnot creste'a ¢anaidon ry cr ac prece- deat so the naka or Mr. Conover to have the books and papers of the office. It is directly upon the officer, and at mes emanate to 8 oman Edad pay ng Statutes prov! Tespect to all cases kind. (ek igs. 81.) If any person shall exeout. any office, without having execs fice any bond required by law, a Tf the execution and of the futtes or funetions of and fied in fe Hie Hl ii 5 i H = sz ] i pete e[tite Hell gee aeeeers z < 924 70; Weeks agt. Kills, : 8 dridge, 12 Wheat, 64; Angell & Ai on Corp, 8. 285; upper ag'. Newton, 20 Fug. lL. &E., 206; McNutt agt. OS & M., 687; Hastings agt. Turay! Bick , 80; Bacon's Abri¢gétfient, Titke Oflices and Officer, E. | “If an oflicer be created by letters patent he is he is sworn or before upued 3 If the Street Commissioner was not « public officer there was no right to apply at all, and the statutes of the fiate bad left that great clas of officers who were ap- pointed for every city, town and village in this great Slate | entirely without remedy to get the books and ther 5 tbe The city of New York de. its power from the Sute; it held it under the State, at the mere will apd pleasure of the 1 people of the State, who could at any moment they pleased. Equally illusory, the speaker affirmed, was the criticism on the words referring to the limitation of the duration of the incumbency. Ip his opinion the discussion bad parrowod (be question dowa to two poine— first, bad the Mayor the right to dll the office? and se condly, did the layer, by refusing to decide upon Mr. Co nover 's bond, defeat bis to the praression of ihe books ‘apd papers of the ofllce? Legislature intended to take all power ont of the hands of Fernando Wood to control the vam lous heats of departments, And though Field) did pent Mr. Field concluded e4 follows :—It would be affectation in me to conceal that | fee! ab imtorest in the result of this I bad no part in the events which led to this con- bad no information that the appointment was }, and even then | antic! r of a fy i i ' a5iF 2373: iia! NEW YORK HE | Rome. "Ou, the ‘way a Hespttal Bathdings at Point. ‘The ver BY THB COMMIGBIONESS O@ sieting of Oommniestoners Carrigan, Ourtis and Garrigue, to sufficiency of the accommodations being furnished by the with it, bad become work famous. The Quarantine Com ex) themselves delighted a! the oppor to be afforded tosbow up the ex: tedinte supervision, tbey were baving. provided st tho mediate su; ND, were new 0 soes yellow Ba. other pa- ed 4 i uit it the thing they could say in its favor. Ly they declared ag too far removed from the main wo and ab not baving proper y i 572 H " i if ij i it | 5 i i ry F i s | Ha if eit .| ct gFas seEsee te i ell AH Egegfess patie Mr. Benson said ‘hat it was proposed to divide one the shanties into diferent compartments for the use Speciray Ge pegpelgent, Ge » Warden and Mr. Cannta.m suggested that a kitchen and dining reom were as csrential ag a room for mecictnes and apartments to sleep in, and wished to know were this would be a... Has; replied that they might be added to the wash ©. OURE. Mr. Corns wished to know whore the wash house was. Mr. Bowxe—That is pot built yet, but will be soon. The Emigration Commissioners their rboulders: as though tsey thought the whole matier had been under queer monrgeinent. Dr. Buwmis suggested thatthe corstruction of a wash houee wes of primary importance, and ought to have been ailonded to betore. ital the pon the sick, and the Other bulidieg eft for yellow fever patients, what provision would be made for persons arriving sick with cholera, or ential diseases. Upon any day ‘an emigrant passenger vessel was liable to arrive, ha Bae, coe One-third might be with cholera, Tt was peceesary thet cholera patients should bave accommodations there, as by the new law they could not be taken to the old quarantine, and neither’ they be placed in the rame hospital with the yellow fever patients Aside from this, some sort of was requisite, oftentimer, to place, temporarily, well passen- gert in. He wished to know what could be done under the Preeent accommodations proposed to be provided, to meet there exigencica. Mr. Corts suggested that under the new law a boat was necereary to be provided to take off well passengers from newly arrived vereele, in order to carry them to the old Quarantine or to the city. He asked if apy such boat had been provided Dr. Bowmts and the Health Officer both united with the Exnigration Commisstonere in the views expressed by ther ag to the necessity of having distinct bufl@ings for yellow fever patients and parties laboring ander other infections diseases. They airo united in saying that the present accommodations did not mect these require. meee. e Quarantine Commissioners say to [tbe questions of the and the subsequent observations Drs. could not do otherwise than con not know the extent of the no . In the brief time leftto make amenas for their errors and miaapprohensions, they could ot promise to do much, bat they promised to do somo thing. Shortly after 6 P. M. the viettants shook haode Club House, where the ofter their summons rush to the int. made for ments, Hut the landlord eaten ovt of house and v dinner adjourned to and roemned to how York, the committee from the Commisdonere evidently ee ie eS and the Quayantine Com misstoners disgusted afer what they had heard. City Polftics, NO AT TAMMANY HALI—TAR OLD MEN’s GF- NERAL COMMITTRA, b= Eg) tigen i ate the * mittee, e vam night for the purpose of izing and ® chairman, The balloun tor the office of rman cooapios the ontre ight, and sirnggic between the friends of Cooper and thore of ¥. Pordy wae continued until ATS ow Ng Ly wee wou the of Mr. ly. The following are the — Ohairman—famvel Cooper. ‘Treasurer—Joa. Bell, Jr. Secrdarie—B. 8. Hartand K G. ’ ‘There were 96 members been attended to long before this; but betier late than i 8 ? i i i an ile S 5 T EuEE E 3 3 aq Suse aessiabdenies & SE88 Fad <j SER el § E i i . 3 & i SERESSBNBS eeSeotscce “2 7 20 22 Supreme Court—General Term. On the Bench, Tee: Sages eee, Roosevelt and Pea- y. | The Court, after rendering rome few decisions, sald, that 106, Miva Isabella’ Wri vant; Rev Robt Davideon .. Clow, Mtrathie, Wa Kirkwood gd lady. Wm, Thowron Mre ‘Miss O'Cullegan Geo ite un ah oti Sows ‘and lady, Cross hile, Joo Metallum, M Ash and Inde, I, Wate rm abel cused "Wan Now: ‘Mrs A Grierson Dowsll Alex Mewan, Jno King. Meh Bobinsoe tad boy, Kirkwoed and famill, and 39 sie 7 BF, i e om a3¢ 3 bishop, Mrs Bishop. Wm Wright, Anna Wright Edward Eidrid Mr snpn and lady. Mr Mary Webster, Mr J 8 Care. Mt Dr T B Jones, Mons @ Garbognola. Adolph J; B Locke, Chas Putnam, A Rost, WJ Mulholland. Mr M Dtennger, Mrs O'Connor, Miss 0'Con sor, Miss EO" JC O'Connor, Chasand Raward 0’Oonnor. From Mobile and Havana, in steamship Quaker City. —From Modle—T W Phalps, WH pS Hide mt i 2288s i Gariey, ‘Oonnor, bilt. WW Mont romery, Robt Mra it Gage, ebtid ebvidren: A J Mrs M Hia!l, Miss M MeEntor, Mra a Word Green, J Loewe lady. frey, R'D Port, GG Wilson, Bradley, J a'Toule, LW Fletcher, Mre at Mra om G M Toe UB Navy, Ind; i Miss O Gamble, 4 Maleolmeon, Dr Ld Hevana—K De Be Court Calendar—Chis Day. Covar—Ciroult.—Nos. 781, 980, 803, 004, 845, 740, 991, 1001, 1007, 1009, 1017, 1023, 1026, 1638 Uxexp Sram Daemnot Oovi.—Nos. 44, 62, 64 to 68 MARITIME INTELLIGENCE. Freamshtp Bel (Belg), Franwen, Antwerp—A Baimont. ao” x Brndiora! Thasmeon, Loodon— Grinnell, Mintara & tp Concordia Amidt, Antwerp—Fanch & Meincke, corblp Ocesan, hams, Gagueray River—Walab, Carver & ote United States, Sonne, 8: Joba, NB—Raasett. Bacon & pity, Onerwald, Shepberdson, New Orleane—Rodson & Bark Favorite (Borw), Netisen. Fanch & Meinoke. Bark Bkimmer of the Bea (Br), Bristol—Colitns & ‘Marnd. rive, Crowell Rio Janeiro—Siffken & Ironside, Brig Raient Pict Pamplage thees a Oar © Brig Olive, Pott grew, Thilndelp! 4g Otrenssian. Heagen. rig 8 B Brown, Almy, Ni |. Rebr J aco. lewport. Pendieton (Br), Ditman, St John, NB—A Amithers Amer rncrd, [Orman Bell, Philadelphia, ARRIVED. Seamabip Réinb: (Br) Cum aings, a ud wiih mdne kd paaserifers to Mesy mos. Reporicoaed ng ly Une weather, but met » ith dense on the Banks. winds Wiogriner Wenveriy Bennet at 8h fon Bos, YY r + Dabzed ship Mercury, French, trom Havre ‘tor New York, with passengers, ‘Fos Fh epee whip Mar. ss foe Rew Fork “snnah, 68 hours, with mase with mane 10 AM. of Uhin- jeamer Novelty, Reinaeer of Cartia, St Jago de Cabs, Jane 1 ragae to Besson Bees ae A a hen, Ouse 19 inst, §y ‘Busan, TEEEECLEEETSECHEETE; EE 3 “ 33 33 et a i if Hf f i st 2 5 F = > a <j S if z iM FS f Bi, é r t is $33 & # sista i z x =e 8 # 2 3 7 Hy a ae H ‘3 5 i | a z Everett. fog}um. | ii Pit iH 44 J i] ii if L a 6 nin 8 qf zo a ; Mt fy of i if Lars Sorry) MocPar'and Nenvitas. ith inst a0, 100 & BJ Pevers. Areturne (Br), Howard, Parsboro, N, 10 days, with aL Bil er 4), Kinaan, Avie eae Mayagues, PR, Jane maser y ), Bich wor, neta tan Stays la, 4 days, : Ef : 4 ti a gee? Esk g gui B get? = oH i fl I B fa ‘in janeous and Disasters. water, der, utd Rawameet, Martin di Onkians, Hun'er, for N York: Goodburn. and Hb Fire Pig, Pe sh'ps Champioho, Wi Fa rite Ea 1 Greer, and uid ‘pomiteton, Miseell: Basx Lavesrre. from Navy Bay for Lh Ja a Pedro ruck en ‘Sdeale on Ly it, crew wi Sampson, wi cf barks ree. i 4H ¥ ad gske ul i 2 senile ri i tt Efe 3 ‘leon, for London; Jane © | , Colbarn, for Falmonth, anton, fs is raxzas, June Arr brig Telegraph. Sheer, Bt Joba, H 8. Sid 224, bark Feany Buck, Urocker, NYork, brig Gen Warren, Ciidged. » ° Rroviras June 6— . port bark Se'ma, Crowe!) Northmas, Jemtis #, Small: A B —, and Hi for 8 York lag: Ratnbare . Bariett, diag; sehr Ann Elisabeth, Khare, for Patta, no @ate—Arr ship Miles Standish, Gardner. from cares ee put 'n for medical advice for the cap: 4 agai Zirt nit. ‘Jone 26-0l4 bak 18-Tn , June 10 JANEIRO, ~~ careo; Bea from Ri ladeiphia, ding, steamer ond, wis sche Aner ca y acamer Maule, Rogers irom York for Wal ahioe t G haw covered na Canin Be fom Phi, Br aco pe Ovna, June 16—Arr brig Kate Poster, Billings, In port 13th barks Southerner Havener, for York 3 or Retina, Black, for Baltumore 18; brig Tyrant, MeUormps, for Pen Oragwenir Orry or Ratiwore | anrwzne! 7, 18—arr P Pendieton, &i!nson, Buenos Ay, Bid | Reexy ry ‘Pbiladel ean owe te o Rak more for Havre: and 5 do. Sid 10th. Anns Polley, Hayden, N York. ff Plors Meboosids Skinner. from Brem bark Blucher, fom do for im, 9—Arr Coriolan, Aire BTork; mennaves, June 9—Ar wwengr Lange. Tiativen; Doren, pees, Homerer, NYorn; 12th, Geaner, Lansenan, June 12—8i6 from the Pill, Rvening Siar, Pink. ham, NYork. Sowth (aa, Brovwresnaven, June 19—#ld Brilliant, Bireby, NVork. Garnier, Jape 1—Bid Ba oo rie, , Rovert, Cowling, MYork; June 2, Young Ononerant, June 8—Arr Sharon, Mille, Mobile. Ald 84, Ly. man Dwyer, Boston. OonetanTivoris. June %—Arr Pathfinder, Kellock, New ‘ore. Drat, Jose i¢—Arr Am Kagie, Moore, NYork for (London Chris for Hamp none. June ®—Arr Brilliant, lannberg, Savannah for Lineatadt. Forurssone, June 18—Off, Klida, Jachimann, from § York Giascow, dune 12—Arr Martha's Vineyard, Pembee, New Gormernena, May #—Cl4 Lalen Olsen America GrpnaLtan, dupe $—arr President, Davey, Paiormo Ba timere (and eid): 7th, Nereis Masury, Mi Bomou eld): ohtlti boy = New ¥ , Alounde, {tt do via Bermuda fot Marselies Avan. June Li—Arr Rhine, Jellerson, Pid 12th, Sprague, Gy Ci! nean, Fooke, Cant!? amd Us: ME Lrael hein ckns © Dobos, Hetahots, Reek, A eevORT, June Arr lath, 1 Jones, York. Hamma, Jane 11—Arr Nord Amerten, Brolin, Ieue or Wort, Jane lof, Leomine (Bremen ahip) from ps Byon’ n. .1VRRPOOL. i Me—arr Niagara fe, Rovenn, Marto. MYork, Gibraltar, Be Sear Pater rn NYork. ©), Wiek Poston via ‘witname, and Plordas Sti more for —— at ; Hotrhniss, for, }, Randuiah' wwannah, Gov Mone, Jalawar, ac acaba tesa ), Wylie, and W Tansee). ‘in iekbam, at Work: North. American, G (and gic from Dea) Ls mty, | jeans), Graunda, Grills ton. br g Bramar a * 19th); 18th, Senter Johnny Amal), Por: Ph, 'b); Mary ¥ Gravesend 1611 Tn the Downs Lath, for Bi Lonponpaxey, June 1i—8id Mobongo, June Neweasm J! ‘Arr prev H Runtingtoo, Reema. Goo Wok, Newront Jeno Piymo Hamburg; 13h, N sbi Bi FortLsNa, Juve ld Pauzumo May V2ib, banor: Liewellye Riga. June §—Ia the Braki 29—Ald A) Bal 18-84 Alerepder, Do vting Sure Boon towers: Waker tne, 1m, from NOFleams for Ant, Of, Howard, Walter, from Negro Randersan, Jae lenAre Mevloa, Ob Nimere. Miacara, at Haun (Per SreaMaure Are from New Yor nue, sahil at imorc une 17¢h. Anoall Winasor Bal Arr trom Mobile June 18 frem BO es; lay Set, Jan Darth 4 is dane Tertoe, Som Vth. Centurion, from do * bid for Baltimore dane 6, Prev ident, from entorlog Bots Boek sha ens ty catering Bit el she eutoe fe: BOSTON, June 4, P Ayres: a-hra Albert Dexter ay jain New York. Cid im bn TB, te joad for Vs ff Ry O- bans: Columbia wood Moprovia (A! Lumber Chile, Chase. ¢ Jacmel, fork: aches J as ee nor, Ch Ir, brig Echo, Iles] I River; Givern Fall Riv 2% b— Arr echr White Elwel), Barbedoes ; ATH, June 25—Arr sehr NeW ia Davara ‘not 34th Mn a na reported) 7 nd Fs RAVANNAT, Jane 9 , Inne 24— As Pam Orin, Biekine®, C14 hark re: Palmetio, Haker. Philately ‘a RDFORD, June 2—Arr sobre Oran: Tari’ atesee Ba aan lade} Geo Adams, Chase, NY ork, beork. 2 ORTLAND. jerk Bo ba hark ship “onaignt = peigate eae ALEXANDRIA, June 25—8ld schr Lema, O'Br¥ M—Arr bark Salem, He Nehevtone Peviadelohia “eon, Pdiladelpbin; H Mailler, Crowell, do} do; Pay Sta'e, Verritl NVeet, Og Minerva, Mor.oa, Bid ahh, 4 > do. and rr steam or Ovpray Kinney, *. Del; John brige Jobn Marston, Wavangaa; ache 8 J & Anne. Memb, “a9 MPRTING OF THR DEMO i te oad | rolled Seamer oe » uly van warty nod Kéwast Mal grant at Arms, Patrick Fpwarn Marany, Beoretary Ofer, Piewiliiem Birdva jones Crain, Pinanetal Qorexpondin, ‘oretary—Kurene aries Rod Arma —J Del John Nesbit, Michael hey the followin WARD.—THE FOLLOWING weted iast evening = Leary, 1 Sehew mann, Cuaron Cornel, shove ward, who we for ki, Veilie: Vion Prew re WILLIAM COULTER, Chain: DEMO" in purenanee of Jotel — i. elix utter, Harrie Wines, Jr: ¢ Ramuel Cheshire, Peter Mersemer, Jr in Feeretarive—Joecph Heagerty, Charles he 4, n. William O' rien, +m. rmAe Adam July, Lermam, Joho One, rl Biely, Henry Londen, Wy) i Al wk onite, mer Joseph Heanerty, 1). ming, Jone on Small ts ofalrmen, Kiern camni Charies Robinson, John T. Gay, 2, 1867, ton of the general committer of ar ht’ and Ninth Persuant th the Hall, of white ‘one of the mer