The New York Herald Newspaper, July 9, 1857, Page 1

THE NEW YORK HERALD. WHOLE NO. 7616. OUR CITY TROUBLES. of Conever. Argument before Judge Roosevelt for an Injunction. WHE PROCKEDINGS OF THE COMMON COUNCIL. ‘Nee Councilmen in Favor of and the Aldermen Op posed to Giving Up the Police Property. THE MONSTER STEAMER GREAT EASTERN Specie! Commisioner to ge to Europe to see her Agents. MOVEMENTS OF THE NEW POLICE. Will the Old Police be Employed ? WQUELT ON THE BODIES OF THE RIOTERS. THE COMMISEIO! OF EMIGRATION, ae. &e., de. STREET COMMISSIONER'S CONTROVERSY. @OROVER, THE GOVERNOR'S NOMINEE, 6USTAINED BY JUDGE PEABODY. PUPRKMM COURT—SPRCIAL TERM, Before Hon. Judge Peabody. In te maticr of the application of D. D. Cmover to eampei Charles Devlin to debiver up the books, papers, de. of Re Sereet Commissioner's Office. Judge Peabody deliver- @d the following decision in this case yesterday morning, at Lo‘cloex, in the General Term room. The Judge stated the facts, as follows:— A motion is made by the applicant foran order com- peliing ihe respondent to deliver to him the books and pe- pers appertaining to tho office of tho Street Commissioner of the city of New York. ‘Te motion is made under 1 Rev. Stat., p. 125, sec. 56, which provides that when a person appointed or elected te an office shall dic, and any books or papers appertain- tag to such office shall come to the bands of any person, te mocessor to such oftice may demand them, and on ‘Unetr being withhold an order may be obtained oa sppli- cation to a Justice of the Supreme Court for their delive- Fy; and on the omission of the person to deliver them a werrant may be issucd and the property delivered to the wuccescor. The facts to be that Joseph & Taylor, the late tacumbent of the office, was elected in November, 1855, wad did, in one iastanco, at jenst, i le remained there, un forcible, and with an expressed determination to wolerale his presence there. ‘The Depoty Street Commissioner, who was rightfully in on of the books and papers and be refused, throughout the time of the apptice: office, to recoguie hie claims to official «naractor, and from him the actual maanal control of the books to the office. On the 16th of June, and afer Conover’s last removal from the premises, the respondent having receive the of the Mayor, with courent of ihe Board of fied um the proper his official oath aud |, and the rooms and took ps- books and papers, claim!ng ia be Street Com- virtue of hie appoutmeat, and hence hi:herto of facts the applicant demauds an order ‘& warrant by whica be shail be put in pos- books and papers apvertaining to the office. pplicant—Messre. D. b. Fiold, B. Field and "Zoeesi- Menwra, Brady, Borteed and Willard Pranony—The exact fanction devotved on me by the Matte, under which | am called to act, being asoortained, wmveh of the difficalty of deciding the caso before me will T think, be overcome. To this inquiry, then, I will direst my aticntion fret. sertion of the statute (t MS. 1%, see 4.) pro Wp effect, that tf a person elected to aa office die, ‘any books or papers appertaining to the elice Come tthe bende of any porsos, tho suoosmor office may adopt thie proceeding lo get possession (hore books and papers. Thit it a very Oriel ptatement the substance of that section as far as it is applicable to Streot | if atti brertti 1 : z i i 2 : = Fo E tigi iit ue a t Ht He ef 83 at gis ll trial rt He re F eg . 2 controversy between the partion. asserts that It confers on him the office, ant jes that it does this, and the power of to fill the office by appointinent i # once in $38 Hy i the partics. (in the decision of that quew Gon must the ultimate rights of the parties to thi proceed- dng mainly depend. The respondent claims the eifice by from, dierent erurce. the Mayor, Board of Aldermfn-—but bis tiie is examined here, for if the applicant's i i af if Sa z dlaim is good, the rexpondent’s is, of course, bad; and if Se gopiicant’ fo tnd, Bie mt important to nam ae repens, this proceeding oan only be main tained on the siren If, there. fore, the appticant foanded be must Li t ; 5 » even the respondent should seom’ to be . The only qneation, then, of all thase tho argument of this case, which | he ther Ube appheant is the successer to Commissioner, The power of the ‘Appointment depends entirely February 3, 184%, which provides that } exiat or shall coeur im any im t Hd i t i i 3 ageety iy stats =e i g ‘1 HL 4 H fz such officer could be oy law olected ”* on the argiment teat this : ! etatnre did 'Y 10 this office, this being y and pot a Pale I think ft © @ city offiee—that fe, that it beloogs to the clase called city ax distin guished from the clagset called comnty, town, village oF State offices, but these denominations are used to diatingwih the several clases of efficcr from each ether, smi for perhaps wholly: rod the fact that eo @ilics comes ‘within the class derominated county, village or ety ortices, from thore umuaily known vy the more Dawe Of Suis office, doce not prowe o* tend to Prove that {i ia nat in fot 4 Stete olive, oF Wo the Jonguage af the act, net one “of the offices of this State ' Oe the contrary, Shy, oonvty, town aad village oittces are all of nem ‘ef thie Sinte in the more general ami campre hensive sense (1 which the languace of thie statute ve ee) dently used, and this, thous a city ollioe, 4 nevoriholees an “tice of this Mate." and embraced in the te constitution (art. 10, sec. 5,) whicl: moet forma, that “che legwiature shal! prov for filling vacancies in office,’ and neither the Covet) tation, in using the torms ‘‘vacanaes in olfivs, | vor stake, in = the terms ‘“‘vanancies in avy thi yale,’ seems (9 look toa provivion for vacancies in & ular elas of ailioes. , Li ing thie oitiee ther proviton was then (‘is now") made by law for | tt. To the application of this stant to tix case seve Other objections besides this ar. by the respond om. J. That i it applios to city offices, \ ia, ina cor fo of repugnant to the oonetitation, (Art. 10, ee0, 2,) which prevides that all city oMeor' whow ap Peiniment is uot provided for oy that cogetitution hall bo elected by the olectors of such cities, or ap nied by such authorities thereof ae the Logisieture fens gy) for that purpose. 2 ‘net of , 1849, cannot store ws ied to this idee Febroary nm B.., |! belng not elective. \ Prov the ap ~ ment of the political year next election tonyel tule, and gay on both fit respectively. I merely state some of the vointa t>) show Vhat there A question Wo be ‘ried, end although 1 may seem to me not difficu't to decide where the appointing power is by law invested, I think that a reasonadle ques- tion of title to the court sitting if ie from dittonity, avd Hot at all proper to be tried bere Claimed to be in the office. Be claimed algo to pointes of the Governor shal! bold ‘‘until the eommonce- | may bo contessadiy, had its origin some days after: fran bay ogherd ‘Ho intimates that he will be guided en- His appointment bears date several days recommen dalone thst op which the aoplicaat assumed poe- session by virtue of bie sppoinimens and afer his time of office of | removal by farce, not from tho office, for an guthorized force could not divest him of possession of Wo franchise, perty dedicated to the uses of by the incumbent. Tho ‘& which svch officer cond be by aw elected,” Spd, A6 this office i noi elective, mo such electiun can ever oncur, and hence th the appointee would never terminate, 3 Tosi ‘he charter of 1857, section 32, in continuing force all the ordinances relative to the departments, continued in force the ordinance of 1849, which gave the power to the Mayor; and in effect, by contioulng the | be divested by legal measures, ordé\pance in express terms, porhaps cuacwd «+a sta | Deon applied, sud jiap effect gresver than i woud have had | be was tho officer de &8 an ordinance merely. 4. That the power to appoint tuch an officer inheres in the city, by virtue of its general powers, withocs eapress provision on (he tubjest. ‘That be there was no actual vacemoy to be ied, Turner, the deputy, being the {noum- dent, by virtue of the ordinauce to tha! of- fect,’ on the deah of ihe former ipcambent. do pot attempt to euumerate a)! the objecuous raised Db, I the respondent. Some of them certainly do great credit to whe ingenuity and skill of counsel, se do the arguments jee Of this case to thoee who participate !n them | ceeding. ‘This is not Charies Develin against Daniel D. Conover. Tt isthe Mager and Commonalty of the city of New York applying to & cori of justice for the protect: perty of eaid city. This isthe firet instance im this strgeg) and Commovalty of this city bay appear is. The mere removal of the books the Straet Commissioner's oflice from the room where they ice exista, aud that euch a question is din this proces ting. It was nower ia not proper to be tended by the Legislatare to authorize a justice of this here 10 decide in effect the title to ap office | are now kept, in tho dall of ube loss to this city, There sre original papers and jocuments there of which there are no sopies in existence, pore. 0 and the loss of one of those papers would be ap irrepara- us the substitute for the old writ of that name, | bie and most serious loss to this ci! This is & proceeding to get Teayry! possession mere- there is & reasonable doubt as to who ie entided, it sbould be decided im a direct proceeding for the pur- —an ation of quo warrant, which is with end practical'y, which it would do if the books nesessary to ihe functions of an -fiice are to be ded a party ou his merely showing & title to the office ttseif In thue views I floc myself surteined by wathority, ant among others by the case of The Peuple agalost Stevens, 5 be and the opinion.of Ju:'ge Kent, reported at page am incliaed, however, to go fur- ther than these casos, and to limit the aplication of this ing so cases of poseersion merely. My own viow wot be aliowed to be tried iu it at all; that the ab- atract right ef the applicant is unimportant, where is clearly shown: that it shall not be iu- into at alt incidentally, further than, perheps, that, if tm possession, he has color of titls; % in the office, noder color of right, be shoul Proceeding to get the books and papers; ober hand, that having the best possible ‘aor guthoaed re not have Leclinyrg ye of papers sp . While, It is Ta not i tho occupaney of ofice nnd hot tna 1o exercise the functions of it. whole ng is on the idea that the applicant to the ho in, in Suet, “ the suc to such office”’—that he is, in fnct, tn the office, and needs the books and 2 ee with which to perform the daties of it. They are ideident to the office, aad should attend it ever—shouid attend the and oxercize of it, not the mere right (o it, how 4 33 ef H re it BaEe Je ua ney of it, and that $8 The of these as the means of exercising the functions of the office is inci ble to tae oflicer and the public; and the object this statute is to put them n of the actual incumbert for actual toto peseesaic use for the time being, not to decide who in the abstract swuse he is entited t) the office to them which they . The title to them must ultimately do- pend on the to the office, and eo [think should the right to present possession nd on the fact of present should (nm apy case Bave the possession of the books and papers of it awarded to him in this summary manner, even If his title to it were perfect; and I am inclined to think, on the other band, that & party in an office with an incumbent, apd hence it is the me: Ba tho law and ‘Of this statute as a of the system, the locumbent hence, this statute is for the actual incambeat, the actual “ succemor to such office,” rather than the person entitled to succeed to it Its apparent to my mind that it is mot phyla Oo merely because he is so proper mode for = person entitled 4 intended cativied. The only an office but not in possession of it to assert his title by the act'oa of a quo warrants, In that action his title po A be established judicially, and possession acquired. this beng done he is i this proceeding (9 get possession of the books an! papers incident to the orice, He is iu & condiuon w use thom, ‘and his adversary being ousted be ia not in such @ condi: tivn, They {n that case accompany, as I think they should always, the possession and user of the farniture, From what has been said above it is appareat tbat the re sult of this proceeding with me must depend chictiy ou th: question of possession of the office by the own he ever {n porsession of (ty What is the evidence on that that he made the proper bond snd tiled it wita the proper officer; that be went into the department devotet to tho traptaction of the business of tbe office containing the books, papers and paraphernalia of the office, claiming to ‘ve “treet Commissioner and the head of the office, oxh!vited hie commission and proofs of hia title, arseriet his title and authority over the business, clerks’ aad employ: of the establiehment, assumed for himself a seat and desk for the tramsachon Gf business, ao! aunounced himself ready for offcial business, and s>tualiy performed an official act in granting a permit for seme purpose Ho remained there throoch the Cay to the hour of closing the ofica, and recurved thither the next morning, rene wit ¢ al! his claims and resuming his placo at Lis deak tor the trans action of busives#, and continged to occupy the plas unde his claim oF offlce unt! removed therce by force late in that cay. The next day be reterned aud repeated at! his claims ip language and acts, and remained woul he was again ejected by force and assured by the man taking the jead in his expulsion that bis presence there would pot be tolerated, and that a! efforts to romain would therefore be upavaiing. Hie did all he could do toward Assuming porsession of the office, aud claimed to be io it by virtue of bis appointment, To be sure Turner, the Deputy Commissioner, did not yield to him possession of the books and papers, but refused w do so, under the in- structions of the Mayor to that effect, and continued him- self to transact the business of the olfice as such deputy; and Henpett by force ejee'ed him from the apariments, but Peuber of these acts of the Mayor, Durser or Bennett cau affect the rights of the applicant. They had a0 otlice to dixpense, no judgment to prononnee on the claim of the , had po power in the promisos by or withbolding any action to create or change any rights o: the applicant, and their withbolding or yiola- Ing their recognition or assent 1 hit claims coald nut afleot any increase or dimivotion of those rights. The Office was yroant from the death of Taylor. Turuer mere ly had power to act as Street Commissioner in case of a vacancy. (Gorp Ord., ed. of 1956, p. 6%, #34) “In cane of vacancy” ° * “the deputy shail act as Street Commoner uni)! the vacaney shall be supplied by anew appointment.” Thia did not make bim Strect Commissioner. It vertaiply did not (ltl the office #9 that mo vacancy remained t be filled. Thore ix no foundation for such s claim. If be (as the argument was) filled the vacancy, what yacancy, jm the language of the ordinance, remained to ‘ supplied by & new appointment’ There is nothing ‘sugges’ such an idea, and the very language of the ordi. mance ander which the claim is made, eo far from au- the office thas withheld [rom him was not at all to bis possesion of the office or franchise itvelt; aad whe. ther {bis assertion of authority which he i> physi cai force (0 waintaln be deemed in law as amounting to on oF Hot, is pot portant, He was ibe more Street Commissioner if he had, or the lese ao if be ad not that possession of the propery it sooms bardly necemmury 10 add that lever were his relations or rights to the ailice, or the property taining to it, the forcible removal of him the rooms cecupied for we Grantaction of the busi ness of this office, and from the presence of the property pertaining to it, cannot aifect them. Flig right® are the same as if be Bad remained ondisturber, and navi contin. ued without (aterrnption the coarse he attempted to po sue, The office was eacant, and be, with slam and color | OF titte emtored it, aod aseumed thocranchien — Thorets no ne that he has resigued or 6 thu acquired. 1k follows that 3 is Bow in power those rights. He ts therefore now Sircat Commissioner de facie, His ithe w the office may be tesiel Iw the propor 4" color of title cannot be tried here. For the pe proceeding, poeswasion with color of title is ie waicd (hai he wae not in the oilon, heeanse h not spproved by the Mayor, This it one of thy to-do tried in the eult for besting the title to the must be referred to that forum. Lt is roptied to thie objee toa, among other Unaye. 1.’ That no bond |x required by jaw ‘That the approval beige merely a ovele mining tte eaMficiency, is pot wdispensable, the suiti rier boing shown other wir &. That the efforts of the apiicant to ee the of the Mayor, nnd his refasaite atlent iv K,excnse the omistion, even if It were otherwise necessary 4, That if an approval was pecewary, aod a Ween dane to excune the want of it, etillahe ay in porsorsion, even if che entry without the approval was wrongful Here are several crave questi wsarising by m re piled with all the logal conditions of the appolatment hat these conditions were, aa whether they wore pre OF not, aud wotber they had bern fulillied, amd \¢ NOt, whetber the falfliment is exsused by the faow ured to that ond, and if not excused what dhe effect of non iat fiment is to Ge, are all questions fairly arising on the facts in thit case, apd t be considered whenever the question of tite shall be fundamentally do cided. They canna be property examinod here in thie informal = and summary a The fopen fact of actual possession doos not necessarily don the dowston of thir, and, ax I have before ‘otimated, wherever the fact of the possession of an ofice oan be | diacerned, as in some cases it can easily, and in others, like this, only with great difficulty and very indistinctly, this fact, fortided by color of tithe, shoul! direct the courte of the hooks amd papers. At the time ho assumed tho office the vacaaey in it was nodieputed. No one even claimet to be in it, The title of Mr, Devite, whatever {i MORNING EDITION—THURSDAY, JULY 9, 1857. we firstanvvel | war urely by atte in | but from the rooms and 1¢ to the discharge ef its rights of Copover, accuired by prior possession, cau only These measures have no} remain, Being in posseesion facto, ond until ejected—which can law—be bas all the rights in- fon and with color of title, sions are (bat Oonover entered the uilice aud toak pastes- tion; thatbe has not been removed by authority, or left it himself, and consequently that be is and for this purpose entitled wo possession, and tly thet the respoudout, as the office oan ‘Dat one incumbent, is not legally in possession. Uhat Conover is entitled to possession of the books and and to have them delivered to him under this pro only be dewe by proce Jega! warrant or ‘The Mayor, Aldermen, we. Conorer —This caro was remimet at 12 o'clock yester lay morning. It i¢ 8 motion for ‘ajenction t) restrain the de- fendant from vterfering with the books, maps, papery, &e., of the affice of Street Commissioner, which office is held by Charles Devlin, under an appointment from the Mayor, approved by tho Board of Aldermen, Mr. Busteed, on the part of the Corporation, altered to ‘State officer, whera | introduce an additional afidavit by Charles Devin. This was opposed by Mr. Mold, but admitted noder exception of counse). It is as follows:- Records, would b) am If those papers aro removed and placed in the hand: 6 10 an office, not of the | is the assurance that tbe city will ever get them back! wed toanswer thas | where is the arsurance that they wil! not be destroyed by papoes | th ir irresponsible possessor? If. Commissioner of Conover is the Street ‘s city, by the appointment of the Ex- ecutive of this State, ho must *o use that oilice as not to I He may exerciee the datias of Street Sreemonee bape “4 much a8 he likes, but he must not, 0 CANO, Use 1b © possession of oF injure city pro- the same melee aed that of Justice Dimunde m rz. snail ey me counsel went into a lengthy argurent upon the ns- ture of injunctions, showing that they ha ae proceea’ granted by the courts to prevent persons of (his statute is that the question of titleto ths office should | thing that would iojare their ‘He maintained thas an injunction #! ec! ip this care when nent and irreparabie. THE TOINTS OF DANIEL K. SICKLES, COUNSEL FOR THE PLALNTIF RS. 1, The jurisdiction of Mr. Justice Peabody under 3 R. 8., recisely similar to that jurisdiction over actions ’ lie to level may come in question exercised by justices of the peace. If the claimant is in actnal possession of the offiee, and is officer de facto, he may have process 8 held by ono who is neither tothe office comes injure our property. ed was 80 immi- for delivery to him of paper the nor aclaimantof it. If question at all, his jurisdiction ceases jj Cower’s Justice, page 86. Nolo 2—Ib., 41, 42, 43. 2 Itis quite mantfest, thorefore, that Justico Peabody tout jurisdiction, and that he ought to dismisa tho complaint. 3. In all cases of specific chattels where “it is probabio ‘that adequate com would siven by ® jury, equ’ eventive and remedial. part 2, chap. “4, possession ——_ it appears that the right is nat rcmoanet vy Ieving’s Equity Jurisd| . 2. Story’s Eyuty Jurisprudence, Waterman’s Ey. on Injunctions, pp. also note 1 on said page. ‘pecific relief in cases of deods and other instruments ly entitled to them, “is a thorefore the ion ‘them would not enabie him to discharge the duties of the in favor of persons who are legal very ancien! and well settled head of equity jurisprudence, WA iS a moet important branch of equity juriadiclon exerted in all suitable cases of # public or private nature ip favor of persons entitled to the cusindy and possession: of deeds and otber writings.” Story’s Equity Jurispra- dence, rection 703. 5, This remedial justice is administered by means of the process of equity. Story’s Equity jurisprudence, soc. 906. ARGUMENT OF WM. C. NOYBS8, COUNSEL FOK THE Dx- | ponent further + nized as the Sirvet Commissioner of the city ‘This ip the fourth experiment tn reference to {pjunctions | by overy department of the city government, of & mort extraordinary sateee, God 1 Bevo ae heroes / 4 oe my Tke of the law is that the actual mcambeat | should not be wrandan aon perform the duties of it forthe time Grennd tos tire oe dications oo | being; that the functions of an office shail not cease | possession of the books and or be suspended because of & doubt about the tie of | Street Commissioner's office, Ww! alleged, bolong to the to restrain that the Comptrolier kag not so ee by ponent does pot admit. ‘ARLE: N. Sworn before mo this Sth day of July, 1867, F. B. Sr the | kr, Commissioner of Deods. the Mtroet Comamalasion whow thal! have at al] times the means of porforming these | must regard as Street Commissioner «¢ facto, | Cuvies—the books and papers, a+ wil! as the other means; | those books and papers upon the grould that itis turbance apd interruption of plication provorty Velonging upon this gi of the Street Commissioner's oltice t, be being the Stree: Commissioner Commissioner does books he gets them in bis own right, as Danie) D. Conover did; he possesses them when he gets possession of hig office, | Itis true it is but a tomporar; them—tbe title, the ownership the plaintit'’s. The law gives the Street Commiarioner the veenion of the books aud pavers for their public nse, tho proper instruments for the exercise of the of his cttice; and the Court cannot allow or re the cor poration of the city o; New York—for whom m | rt, but for the peaple tothe greatest extent, this, bis ‘unctions are diseharjed—to wrest the papers from him ‘upon the ground that the exercise of hie duties as Sireet Commissioner will be a disturbasce and iwterrupuon to the porsession of these papers. The property of the Secretary of the State of New York belongs to or is onder the chargo of the de facto Secretary, hough it is owned by the State. ppose ihe government was opposed to the Secretary of State, apd should bring an action against bis tating pos | session of the property and books appertaining to bis oftice, hat Court in ihe land would grant an injunction restzaining bim from taking possestion of them? No with the Comptrolier’s ofiice, and so with the ofice eet ‘The statute has declared that all bows | apd papers belonging to @ certain ofiice, no matter who | em ito the charge of the de 4 been given by one of jou or charge of Condition to avail himself of ultimately bemg in talc the books, & may own them, most be facto olor, A derivion | learned astociates that the books and papers «the Comm.ssioner's office bel 2. The sepdency of the body does no: impair the to the Ntreet Commission, | “°°. and the echo of ® /odge’s decision ip this Court te the same etleet had tcarcely died away before the learned counsel co the other eile presumed to make this motion ‘The Court thes, at 31, M., adjourned till 11 o'clock A. fossedly, the title t the oftice camnot be settled i preceeding ILE FOR THE POSSESSION OF THE STREET COMMISSIONER'S OFFICE. WHAT THE CONTESTANTS PROPOSE TO DO--THE Pir CRRDINGS WHETERDAY. The announcement yesterday morning that Judge Pea- body had declared Duniel D. Conover to be the de fact Street Commissioner created consitorab!e uttering at the City Hall and in and about the Hal! of Records. clerks of the Street Department, under the late Joseph x, Taylor, who all expect to be retustated, assembled in the ‘vestibule of the Hall of Records, expecting Mr. Conover to appear with bis order demanding the books, papers and property of the department from the bande of Charlon A. Devlin, the acting Commissioner; but Mr, Conover did not appear, and much surprise was manifested, until it be- came known that an injunctien was being argued before Judge Roosevelt to restrain Governor King's appointos from taking porsession. Several of his adherents could nderstand why, im the meantime, and before the injunction was granted—it of the motion—he did not enforce what Justios Peabody affirmed to be his legal rights. Mr. Conover, however, who acted under the advice of his counsel, prudently forebore making any demonstration, thortzing excludes it. The possession of thix property of | perhaps from a keen remembrance of hit non success in cssential | his previous attempts and besides a temporary injauction retrained bim from acting. pone IN THR ioe Were On the qui rin though they understood plarntiti. ‘The: their being by st shoukt be tho General Nye {Lon inte the bowels of the lard, resumed his place in the wwidle at White street, yesterday morning, at an carly hour He found the ship Metropolitan Distriet driving last to leoward, and in the most imminent risk of bilging forth: with, The helm was put Bard dowa at onoe, and the White street aunch bas recovered steerage somewhat al ready. No! senee of Gen, Ny, than a robbiahy eanyass of the applic tions for place w tracted, for certain ounsiderations, to back of the kKachange, and the practice of his prafession, for the exclusive busines of establishing the new police rystem. Mr Draper must, of course, sel! his stocks, and does nothing more in Ure police line than proside a! the lo cidental meetings, for putting the legal (nish apon business already ditcorsed, cat and dried by Nye, and whichever of the Board as have pisces on the committee ist. war Meantime the ¢! to see what would pretty well what the programme was wo be. A Of the new demerrati¢ appoinicos have already taken their places, thongh there is still @large leaven of the Know Nothings who cannot be diapensed with for awhile yet on account of their proficiency in the duties of their de. went and the greeneas of their democratic euccessors. All were confident. The Know Nothiags sapposet dono- ver woul! get posression, and the sword of Immoclos over their heads would be removed, while the demo srata wore ¢ativfed that there was a game afoot that would outwit the republicans in spite a! the decision of Judge Veabouly. CLOSING OF THR OFFIOR AT NOON. While the conversation and debate was going op ont ineide as to the the following notice was posted | ieeue of the struggle. on the dvor ef the “treet Commieaioner’s office Qeccceccecnss resnrerecesvccvors rosorevare roses rere rt > In respect to the m WILLIAM L. MARLY, Ex-Seoretary of Sinte of the United States, Taw office will be closet at 12 M. to day CHARLES A. DEVLIN, Sy eamer Con semsramne's Der are AOCREO CE LENOC TPAC EE ME IEOOLE DEDEDE POLE E TELE HE POO The Know Nothings were in despair can’t come In to day, that’s certarn, noon came they jocked up thelr de= last time, and slowly daparied one by ove. | were soon closed, Ihe room cleared, be door locked, at the key placed in the poss who wil) bold it for Me. De SHAT MR. DEVLIN WILT Do. The course of the acting Stroot Commissioner ie clear, and itis the epinion of good jadgos thas Mr, Conover, in no event evn obtain possession masterly siroke, as Conover could not enforce tis claims | even whon they had a show of logality, ail thie morning | | rothing will be done ntl the inyanction i& granted, mblicapniam. Cholwell i# too diligen! « ‘weet Commis soner avr, July 8, 1357 geen “Tae, Conover t ‘on of the porter, Mr Locking ap the ovice war a | pudiicans are the Mayor, bave ibe appointing power. the aflice will bo kept open in charge of the Dopulr, Mr | Tarner, while the Common Counel! will recognise Mr p to the I+t of January. Mr. Conorer's chances to get the of x look® very siiry in | deed, aod bis black repubiioan backers need at connt obtaining the epotia this year at lonst. iM. CONOTRR'S POBITION. . Meanwhile Mr. Conover and hie friends aro eatinds! that he wit obtain possesion by virtue of Judge Peabody's decision. He states that he will contest his claim to the ntmost, and will attempt to obtaia porsens| Jadge Roorer cit deciaes, If wecersary he will cal! upon fue police, thongh he dose not think any resort 1 fore | lated and eMficient police, The membere of the Te the meantime Thus it will be ween that To THK Mermerorivay GevTieneve You bare been declared * constitetional body, and before reporting on your communication, atk {rg for the ure of the house, kv , | should re. speetfally ray that the Com: Coonel Bare a deep inter cat in the preservation of the peace and proper'ty of the city, We do consider it necessary to have a of big counsel, IMPORTANCH OF THE STRUCOLE. The struggle vor the contro! of thie office ie far more \eapertaat 2 a epee Of view ‘had mBOst peop:o gine a upon thie departmon’, apd is # aTTaR bow ar. rapgement :),000 persone wi!) be in ite employ directiy and indirectly, while the money is will dieburse for aaiarios contracts and the like i an office which, if pis ger, wonld control oar «ity the party to which it# shies belonged. jon, ho or those who control hia will carry tain possess! the repablican and 1 now ‘Nothing parties in their oreeches Sage gt hoe it will be equa'ty potent in domooratic hands, Dee the dead set made at thie attics by the biack repab- ican badere. To-day there w))i doubtless be a now phase totheir fight. . THE INJUNCTION CASE BEFORE JUDGR ROOSEVELT. SUPREME COURT—srRCIAL TEBM. Of New Yor's we. Daniel D. AFFIDAVITS OF CHARLES DEVLIN. City and County of Nev York, s4—~Ohariee Deviin, of said city, boing duly sworn, eaith that be hua been ‘ad. vised abd believes tba} the siovernor of the State of New York had uo legal power or right to appoint & Sirect Oom missioner ‘or the city of New York inthe place of Joseph 8. Tas ior, decoased, Deponent further esith tuat he has seen the paper called an official bond, whiwh the adove Bamed Conover alleges that he filed with the Compirolicr of the city of New York, and that the same has never been approved by the wae, of the city of New York, as deponent hae 2 ‘thai the same bears no certificate of approval upon it, that in the proceeding by the said Coavrer before the Hon. Charles A. Peabody to ob'ain possession of the }o0ks and papers of said office, the said Conover, by bis counsel, ‘admitted that said bond had not been approved by, nor submitted tothe Mayor, and called and cxainined’ wit- nesses to prove that the Mayor had purposely prevened arpa ad Bony ce hed ie several. = i ‘same pro: Acari Viagg, the Comptroiier o! the city of New Yon, ness in behalf of sali Couover, and swore in subatance ‘that he had not filed said bond as an olivia bond, but re- cetved ani endorsed it t show the date of such receipt. He also swore that ho did no; recognise either Conover or depopen: as the Street Commissioner. That deponent further saith, that,asas he has been in formed and believes, the eaia Conover, on the 16th day of June last, presented bimselfat the rooms usually occu pied for the Street di ‘od to be such Street Commissioner, but, as deponent has been informed and believes, be was vot recognized as such. That when he first made such claim, aod at all times forwards, until deponent, by his nes, of the inform and believes; , was called and examined as @ wit t, sud claim- the Mayor, with the consent Aldermen, entered upon the duice of the office aforesaid. Charles Torner was the deputy Sircot Commissioner of the city of New York, and, as such, un- der the ordinances of the Corporation of the said city, was duly authorized to perform the Caties of Street Commis sioner unt’) the vacansy occasioned by the decease of Tay. lor was filled by the proper authorities. That said Turuor utterly refused to acknowledge the aforesaid claim of sad Gonover, snd discharged the duties of street Commissioner aforesaid until deposent catered opan that office. Da- with that this desenent has been recog: Mr. Field put in aud read the following AVFIDAVIT OF DANIEL D. CONOVER. Danio! D. Copever, betng duly sworn, seith—Ja this sth wo | day ot July ian. sero Veanody has decided the application jo him by this depovent to com, Cburies Devlin to deliver ta hi roy pertataiby 10 the Street Comtmissioner’s office, and by wash Gecision has determined Unat this deponemt i¢ the d+ Mrcet Commixsiover, and has ordered Mr. Devlin to de- liver to thin deponent the said books ant the books aud papers ap ‘ 1D OONOVER, @worn before me July $, 1867, FB. Svewake, Commis. sioner of Deeds, OVENING AN@GUMENT OF MK, BUSTEED. Mr. Bosteod, in his opaning argument for the injunction, mado the following pointy — 1. The complaint states good ground for granting an in junetion. (a) The rules of equity applicable to restraining a more trespass capable of being tédressed by pecuniary da- mages do not affect a case like this, whore the removal of the property from the possession ‘of the plaintitts would prodwee injary for which po adequate compensation in al 1,J, 0. R, 318; Livingston x 2. Printing and Dyeing | stabil 97; Donglum vs. Wiggins, 1 J.C. R., 435; Varick ve. the Corporation of New York, 4 J. ©.'%., 63; Hudson wud Delaware Canal Company vs. ‘and ny, 9 Paige, 243.) es could possibly be made — (Stevens vs,.Bockman, Livingston, 6, th. 497; N ment Vs. ‘Piteh, t Paige, jw York rie Compa- (6) The defenaant does not deny that he means te ob- , im question, if poxeible. Oa the con- expressly alleges a right to (bem and an inten- (a) That proceeding in a contest betwoan two claimants of an office for aneti paesersion of the books, kc., belong- ‘as either of them may be entities to by (6) However the learned Judge mav decide that matter, the atjodication cannot affect the righte of the plaintttfs, who Wore pot par ios to the proceeding (0) The books, Xo., in question are porty of the Public records only in the sowee of nu dject to the inspection of the pablic Ttaln times and for certain porposes: bu, the title to 9 8U0H Use, iw fo the plaintiffs sub, "The dol ndant ie nc Street Comminsioner of the city ot Now York. a) The reavons for thie proposition are contained in the The old | peints submitted to Judge l'eabody in beball of Mr. Devin, ‘which potets the plaintiffs adopt on thie motion. See alse opinion of Depto, C. J., im the Police case as to the power Appointments (0) The affidavit of Devito #hows that Conover bas never ‘ied with the reqnieites cesantial to invest him with the office in queation. 4 Ap injunction is x vinte remely vader the cir- appro | cometances developed in this care. (Cro:on Turnptke Com | pany va. Byder, 19 J.C. K, 11; Deiadeld ve. tate of [ui noin, 26 Ward, 192 The General va. The Cohoos ve » ¢ Paige, 158; Aubare and Osto Plank Road ve. Com Thoogiats, 12 Barb’, 609 ) THE METROPOLITAN POLICE CONTEST. GXNRRAL NYE IN THE FIELD AGAIN—ALDEAMAN WILSON'S COMPROMISE TROINCT—rnosrrCT OF OLD FORCE BEING REINSTATED aOPOsKD KEN! OF STATION HOUBYS- COMPTROLLER FLA@O TAYE IN APPOINTMENTS, ATC. ving returned from his oratorical exped) 1f further was done by the Board, in the ab jer the Hoard. The General has oon bandoa his office confines his ex-lusive altention to Brookiyn, ood natured accommodation of the olher members Board on ail matters ontside of that city. Howen ral silat partner in cost that is goirg on, expe. the exponent of the blacker sort of nigger re siners man to ton absorbed in the fortunes of the Board. Hence Nye ie the man, and hence in bis absence there was no progress to report from White street rince hie abseuce, except the progresses of Mr. liraper and Goneral Hall, between Mu cerry street aud the Howery. Yesterday the programme touched upoo presente a parenthes.« jou houses. re-appointiag the old torce, « police map oF Iprecinets, buildings for witnesses, completion of the for regime ntais, badges and ballot boxes, were all parsed upon } with @ derpaten and deeini significance, in view of t m thie until mext election. The sta: woloh speaks with special piank vaciliatio. comfuti yn and Gicartor which has prevailed uo to the evening of the Geveral’s returt, and aineo ims departure on Th ips lay evening lant RI-ACPOINTMENT OF THE OLD POLICE. The most important matter which the Board bid before them yerierday. wasthe proposal of Alderman Wilton, of | the Hitat ward, to sorreader tbe cisy Atatien hours and ther police property for the reser vatian of tbe peace of ine city. on ennd sion that the Board itself shyald take « ke repard for the tives and property of tae citizens of New York, by taging with (he sta ian houses the old police force, also, inatomi of keeping A fegime of gree phorn police the prese eaturnalia ander ALDERMAN WILSON’? COMPROMTER, Orr Cree Common Cotsen. July 8, 1857 ¥ Coy wissommns — rego. { Fourth Danded) police are understanding the dudes of policen sire, to dri!) and & Dody of green men ‘moe ich & etase of efficiency Woald are as least In tho Toeantinie, what would besome of ny. I not do fo bave tbe miliary under arma at ail timer, acting 69 po licemer, We wania police to preserve the peace o! the city, not armed soldiers, parading the ety wth orders that “When the order i* giver to fire, seless their mon, take good aim, and fire low,” wilb ihe deadly m'nie. If, geptlewwen, you have no other motlge tham the peace of the city and the protection of ovr Fitizens, the Common Oouncil wil! aid and araist you in fatnfally sustaining tho lawe of the Stato. ‘Then, gentlomen, be generai#, be megpanimess, and bury all political feelings in the dir charge of your cuties. “ Take the members of the late «'s- banded police into your department, and you wil) rhow the citizens that you Lave (heir interests at stake, above panty cons.derat one. WM. WILSON, Alderman fires Ward. ‘This propose) war immediately responded to by an in- formal pote from Mr, Bowon, eayiog that as eoon es the Board could be asseinbled the proposition would be enb- mitied by btm. w th a motion for resoinding thar rect of the by-lawe of the Board which forbids the re-appoint- went of dismissed oiticers. Such action was accordingly pat before the Board and the motion referred to the Com mittee On General Discipline, of which General Nye is chairman, acting with Wr owen. BRADA WE WIN TAILS TEBY LOOSE. ‘This report was not submitted yestorday, uor may not be for a day or two yet. Tue tenor of it will be the re- commendation of a simple answer in tho aflirmative, with the qualiécation that (he same tendervess shall be had for the ew police of the Commissioners as tke corporat/on exacts for the old poice. Meantime, the Commas onors fit highs and of ree the actoal number of their Intments, spatches were sent ont for the col'ection of applicants yesterday from ali varters, and through the early part of yesterday thore were two or three hundred applicants crow «ing the office of the Commiarioness and its approaches, whilst tho “lobby”? furmed cost on up and down White street, incl of the force up to the negotiation with the city government |) closed, THR RORAND FOR THAT OLIV: When tbe Commissioners have gorged themselves xs it were wth patrolmen, they will then respon: with ali the “generosity” which Alderman William Wilson could ask, —* Gentlemen, yes, certainly; yours it ia of course to say bow mapy pole patroimen you want to protect the city of New York; here we are with so many legally appoint- ed; how many “‘municipals” do you wish to have added thereto’ Pledge your to foot the bill, and we of course will bo most ke We wil! take the old force ‘with {ts ‘efficers, we take also the Sovend and the Fighth,; and Ninth, and Seventy leare, as Ibore is quite a prospect of busines for them. Bue of course you will rescind that “‘xive patroimen’’ af fuir. and sive your 100 for our little estimate—the $1,000,000 and over—Ab ! oh !’? UNMASKING THE BATTPRIFS. The Commissioners, it a significant and somewhat deft ounter challenge ‘o the appeal of it the State, as eu, d by bim Council. They publish their order, 'bich, the ‘Dil gives them the legal champion of Albany, Generai the wet.pom belt between chief, here upon his own ¢roul BKOCTINE. The Commitice op Stauom Houses were indtrocted to ia quire into and report upon the condition o* under which the present muyicipal lation Louses are held. ‘A wap of the muntospal lished, giving the «i rieions aiready In the Barry. It was voted to inform the courts that the building for Witpes,cs who areto be Motained pending trials, will be ready by the lirat of August. A KEMARBABLE RESOLUTION. The folowing particularly funny resolution was vnapiiously adopted by the Board. 1t is intendert for the ‘widest possible publication, so bere goes with twenty cylinders, Oyes! oyex! oyez! Rese! whenever there aball be appreteusions auch apprehended disturbances. ‘This mazpanimous resolution was offered by Commis- wt vigilant Videcq retires to lis shady ch aster, and when he chooses to make tlover Rowen. groves up in W enth ago, to advertise for ballot boxes one woek, pontment of poll cierks, thet trol. This advertisement may well be regarde:! ag tac ‘gave of battle’ taken up by the ‘ye, inthe grant % tor and the great Tammany ts was ordered to bs pub- 1 changes a published PRICE TWO CENTS. follow ing {s a list of the vessels and the action of (he Board hoo instance in respect to thelr disposal by the Healin Cer me VENA FLOM INV ECTED PORTS, Brig Lucy Heywood, from Gonaives, with coon, cofiea ‘aud wood, arrived June 12. Her cage laid upon the table. Schooner Sarah L. Hills, from Mayaguez, arrived Juno 99, dipnoted to discharge ber cargo ye lighters’ gu quaras- time. Versel to remain subject to the action ore Heath omleer. Brig Abby and Fi!zabeth, from Port-an-Prince, with log- wood and syrup, arrived July 7, Vessel orderod to the lower bay by tho Health Oflicer. Further cousidera:ion of her case postponed. Brig Lucy Attwood, from Mayagney, with sugar Brig Penniman, from Trinidad de Ona. Brig St Michael, from S¢. Domingo Cay. Hirig Brothers, from Trinidad de Cuba, with sugar, ma- hogany and molasses. All these remain at anchor In the lower mobject wo the regular quarantine teri st discretion of the Heath Officer apd further action of the Commissioners. ‘Oxber than this, the kealth of the city calla for no action of the Board. THB QUARANTINE LAWS. Tn view of the laie changes and amendments |p the Qua- rantive laws, and the need which oxists for 4 digest of them for the use of the commerce of the port, Ur. Chomp. son was ordered to compile and prepare an avetrax of them tn a convenient ahape, the fol! wing resoluon bay - ing deen passer om the aud) %t— Resolved, That the Heaitn Villcer be authorized wo com pile an abstract of the healts laws of this port, togo.ber with such resolutions as have boca passed, aud gubmt we same to this Board, Adopted, Tuk TRON SOOW, ‘The Resident Physician, to whom was referred the mat- ter of procuring an iron ecow for tho purpose of burning refuse articles brown overboart from vessels arriving at 0, reported that he bad visited several eh pyarcn oO make iwquiries in regard tothe probable expeuo at nding it. Ho stated that the cont would be more than ‘waa anticipated by the Commissioners; and a conversaaion then enaned "pon the propriety of obtaining it, even at the At is estinated that a proper vessel won! nei sbborhood of one thourand dollars, It was also suggested that tho Brooklyn Board of death would cheerfuily co operate ln bearing a part 0” the ex pense, The matter was temporarily laid on the tabi. BOARD OF ALDERMEN. THE STATION HOUSKB NOT YRT GIVEN UP—TRR @REAT EASTEBN INVITED TO NRW YORK—AN BY- CITING DABATE, ETC. The third weeting of tho Board of Aldermen for (hia month was held in their chamber at 6 P. M. yesterday, Alderman Clancy, ident, in the chair. A potition was received from Isaac Newton and the owners of the People’s line of steamboats running on the Hadson river to Albany asking that the landings of the boats of sald line should not be changed. The petition tots forth that the I’eople’s line consists of four first clase river boats; that owing to the increase of rallroade their traffic new consists obielly of merchandise “that they hare therefore been compe ied to go to great expense to mare proper piers for the accommolations of the trade; tbat we water at tho end of the pier im only six or seven feet, so that it would pot accommodate phipping, ke The petttion was referred to the committe on the removal of (be land- ings of the North atd Kast river steamboats. The Dresident here left the chair which was then filed by Alderman McSpedon. THE CREAT RENTER, The resolution in rega the steamer Great Pastera, = ‘was published in the Hewatn of Tuesday, was then q ‘aldermn Craxcy wauted the resolution to be passed without @ dissen ing voice. Norfoik and Portland, sald he, have sent ambassadors to /ngland to see the proprietors of the Great Fastern, and get ber to make her tirst wip tc raid porte, Those messengers will de‘ame too city of New York, as it has already been stated that her barbor {s too shallow 0 receive the Great Fastern, ne wanted that libel against the city harbor overthrown Alderman Tvckra was oppored to the resolation He thought the depth of the haroor of New York was as we) isturbanees in any part of the Metropolitan | "Down in J Pes. They have all eur charts and \ifbe barbvor is deep enoogh to re- breat lastern the will come here, ( not «he y away, There is no daoger of her golng ‘own to Norfolk, among the pegroes, for Pogtichmen are pot par ticularly fond of them, if they can get her ii ; or te there any likelihood that sbe will run into Portiand if she: im Lond bis rounds again about these beats, he tude that his com. | can get in bere. You want to spend $2,600 to send peer, Comuevioner Draper, ba drawn the im the police war, has achievements o” the days of the te finds that his republican friends look stood mot in tbe breach manner he shirke his made out at Albany. POLICEMEN SWORN. ‘The following is the het of patrolmen xworn in yester- day. It door not contin tho rame of Couries Larrabee, tome victim of the lobby doubtless, The Commissioners poblieh their appointments ip the republican papers, at “favorably passed upon;’? then come the politicians to the dal charge against each batel tho pur up io sey. upoo ward The actual men inte! are next lay determi out of thix hat, jose of yeateriay are Nineteenth men — Jobn W. Jobnron, James % Ridey, George V. Van Jasper Soling Jes, R Lawrence, Danict Hallock, al Brunt Phillip Drogeldetn, Bogert, Jar. A Morray, no 0: 000 of the clerks, was appointed a pa. Officer of the force. VL.AGG PROMISES THE OF.D FORCE On the part of the old 9olice forse, Mr. the Police Clerk, calied upon Compiroler Fags yenerday, | 0 municipal police Mores, The | fur the back pay due to interview was in substanco as follows :— Mr. Mackellar informed the Comptra ler that be held « test blood’? his Dead Rabbite, wud with his usual Jortave jn this sort of thing, eoipsed hie carly 3 86 iD this’ gentiomanly pmetolity by shifting it ‘upon the shoubicrs of the General Nuper!ntendent—who in Te0D waa the first to enter the den of the will beasts at ard street, and that in the mort foariees as well as efficient and timely manner, Mr. Bowen, just then, was uninformed of the business, and contioued #0 a).er }t bad become the topic of the day at Chicago. Ke sbould have bad notice of the matior asthe Ume bis commission was Verbrych, Jesse Fortner, A.J. Thommen | a messenger to Kngland to the proprietors of the Great Faatern, and it won't do New York twenty ‘ve cents of goou. Tho Alderman then told a story of who wortd, apd stated thas bis experionco ‘would be injorious to the hover go to F'ogiand in the person of under his arm, to beg the Great te tell them how deep know CLANCY arose agatn favor of the resolution, strongly Alderman P. Fettwen bad toought till that that there was not a gentiomes ip the Board who vote fn favor of the resolution, He waated the resotiton to pars unanimously. Alderman Bicwr war oppored to the rere! tion—he op pored it when be fret beard 1 read to the foard, and still copsidered it very foovisn aad filly, The )roprie'ore of the Great Fasiern wonld make up their micds were to send her, ané wovld send her there whether or no; beg Rig Moneengors of mivsionartes., aw Alderman Tucker calle them, will be entirely disregarded, Alderman Trcksx rox and objected to belog cated & “pegro worshipper,” as Alderman Folimer had casio him He was very Carneet aboot it, and would not rub mit to be called suck a name. Alderman Bier moved to strike out the appropriation | of $2590 from the resclution. Motion tort, by & vote of 10 against 6. ‘The resolution ie! was Uren pet and lovt, for want of = constitutional yote—11 memvers voting In feror apd 4 scalnat it. Alderman Civ) moved that the rots be recomsdered. Carried, by 11 to 4, He then moved to lay the resolntion on the tab! Carried, ‘An ordivance to provide for dock mavtors—net over two. for cach ward, ata salary of #1000 & yoar each, rad dock masters to be nominated by the Mayor, was offered ‘by the Alderman of the Firat ward. Referred to the Com power o! atiorney, signed by the men,eod that ho | mittee on Law and Courts, — upon their part, fo6 what arrangement could bo made. was credibly ipformed Mr. Mackellar had prepared this rather a#% conspiracy against the corporation, # i) « view to opening suits and snaking vexatious | tiation Mr. M. denied those charges, stating the manner in which he came to bave the business in hand. Hie own pay be did pot sek, vor Dad he any pecuniary nterest at stake in the demand which he of the Comptroller. The po lice captaine and men hed, !n a oousiderable number, col Jected at tho Chief's offioe, and agreed upon thie rmauner of procedure as the most expedient, and that whlch must be We least troublesom to the ptrotier, whe could have hittle detre to deal with some eight hundred men as individual solicitors at his ofice aporciainis of this unfyrm ature. Mr. Mackellar, s Police Clerk, Jaw not yot repealed! by the ve# bill, without interference fram the pow ssione thie closing act of his offie to the old force preciely aa be had been acenstomed to do. He had to rolla mate out and examined as utual, and bad ent tuty bo matter of the nature of 'y further than undertake his power of attorney to act for the mev, that no quortion might em barraae the Comptroller ja re_ard to a recogn:tion of a dis poted official relation to them im the deyartment Mr. Fingg deprecated in regard to the ingratitude it would be on the part of the men to demaocd their pay in apy Invidious tempertowards,hin), who bad sofrankly as sumed -O much rerponaibility in reRpect to their Inte pray. He made tome further demure and objections t the ta torference of Mr. Mackeliar, but tnally said as much as that he would pay the me tion of the appointments of the Mayor since the notifioa of the Commissioners of their organization, ati alae to the exception of certain of (he ofcers whose d.«misaal had been notilied tobim by the Commirioners; bat the entire maior, he said, would bo eulyject to the covelurions to be arrived at after « consultation with the White street authorities, Mr, M. intimated bie desire that Mr Fiage should, om tirely independent of bis connection with the matter. He was to take hit own Way, aod whatever formuis he saw fit in the pret All that was ake! was promptnen, ae most of the mea were poor and had fa » oi - pecially just at this crisie when they wer ‘on the hy, this Balance of iheir last pay was of vit to help them confront the prosject Mr. Fl # voluntary pleasure as to who he would choo to may the vatance.” Mr Mackollar would take upoa himereit every mstance to recover by regular proceediugs at | as aliorney Mr. Fingg will iene in mati had counsel with the Wlilte «treet Board THE HARBOR AND DOCK MASrERS. The flourishing successes which are crowning the ef: forte of the A\Tbany men on every site gives course and awnurance to the most timid ofthe ptalaox, md thay all ted ander « id hia office soon ae be haw are now Wheeling ini line for a general onslanght ” the barbor m: $1,000 purchasere—are Coming ap to the eoratsh. [0 the different wa ly alercatione ave beginning to rite between the oly dock masters ant the Albany harbor masters. The law in rempecs to th fives them contro! and right ol regulation im all iy creeks, bat does not mention docks ant piers, Th: peoally belie corporation the dock masters mainiain are out of the joriediction of the State harbor masters, and the city dock master, acting moder the Ald ward, it ® maigtained bas exclusive authority ships or sasiga them th ard Dock master Doyle, it is understood, is al: to test thie with the harbor master over the ati ppiag there In several other Metances algo this haitie will be renewed to hai COMMISSIONERS OF HEALTH. The Board of Health met at noon yesterday at the City library Room. There were in attendance Jonas N. Phil lips, John Clancy, Dr, Riebard H. Thompeon, Nr Jedediah Miller, Dr. Wm. Rockwell and Geo. W. Morton. ‘The Boar! bad no matters to consider touching diseases Of an epic emic character, except the reports of the Hoalth, Officer, Dr. Thompson, in regard to Quarantine. There have been rome fow cases of yellow fever it aeeme which Dave been diepored of at tie Quarantine I! «pital tho f the old force to the exeta- | | part of the city ‘erected on leased grounds. The leases areabou! etprng, and unless the city takes: f Righty oath street and Fou THE POLICE REATION MOT Alderman Terex inquired of the Chair if the Comm + Mr. Fiagy malo rather © sharp reply, to the efit thet | voperted f he did not recoguive Mr, Mackellar in the Premises; that be Se OA SNS gee ot ho see on hovers The Charm made tbe inquiry Alderman Wit#os, chairman of the Commitee on Po Hoe, Paid that they had expected to feport tha! pight, ty that other business them He woe be «id pot wow know which. Alderman Tren mn aa the commitioe bai bese iwatructed tw report that night, they ought to have done ro. The Hoard of Councilmen rescived to give wp the mation bouses without referring it to & committee. lic wiahet the subject taken from the Lands of the Comm dee, ant decide, the Board at thattime. It was a mauer of the greatest importance, for unless the stat) the Commimioner pew siation he uses, if \t covt millions of dodare. [he Com missioners would ‘as toon do it a¢ not, and the public wergl! eostain them Aliermma Witeow aald it be shoud on Thursday nght, and 5 ; g if i A i ; ton from the Com ‘Toeker to withdraw bie m: ». the requiar business of the Roardt | ull the Comptrotier «commus)cstion was rem! was lcm | The motion to take the subject from the hands of tbe committee was put apd lost. ‘Toe following ocn munication from the Chief Kegineer of the Fire Department waa then read .— usec Ormay Exc Poor Dev a 2) Fivceerm Sram, New Yorx, July j To the How, Boamp oF ALDEN: — v1 write you in regard to the dispor tion of the war! station houses in the city, and claim that he wants of the Fire Department should be iirst atteaded to by your honorable body, erpecially im the Seventh and Piebth fre —_, comprises the entire |ywer baildinge jich the Ura appara. (om is deposited in theve districts have unfort imate y hewo 7, 1867 * favorable opport ol Providing suitable yuarters for the (iromen ia thie (he mows valuable portion of tue great metropolis, 1t @)!! be im sonny. Dio for the present force to protect the immense wealth concentrated. ta, the ‘bonded warehouses, lar houses, tegether with the various high busines ately erected in the lower end of the city, not to menion the sbipping and other \aterests connected wiih the hal New York, which are entirely dependent on the tions of the Fire Department in whe lower districts for enfory. Within a few months the lease of the property on which Engine 38 is located im Anu street wi! expire Also the jeases of Rogine Company 42, Hove Companies 20 and Engive Company 20, one of the most eff sien) companies down town, have been endeavoriyg \ prochre 4 loration for the last ‘four years. Fowe @ippanies 2 Sand 58 are without lecarione, and cannot WF spared om | der avy consideration. These are fast, and must be met by Sour honorable body at once Now is ‘he preper time to provide the above companies with wha: they have long rrqnired—euitaale nincia ous, — The station houses of the First, Second. Third and Foarth warde wilt | Tot be Bowed by the police, Locate the are apparatus im | them and ft will save the city two bundred thousand dob | jars, and in ® measure insure the ealay of tir moet vale. | able portion of our city. Buildings iv which to depous ife apparatus must be bad, no mater at wha: price. The higher the wane of property the greater i@ the necossity for the ample proteetion fom (he ravagen ef Gro Re epectivily, &c., HENRY & HOWARD, “Chie? Sngineer New York Fire Department, The communication was revered to the Committee on Police Pere fottowing preamble and Fesolation wore adopted after ome ‘lea Whereas, ibe 0! Fourth District Pot or bourse or prison attached to the 6 Cour, rituatrd On the corner of 6 eave, has beret ore beam [CoNTNURD ON FiGHOM PAeH)