The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-06-27
TIE M,VEANY.CULKN COyTES

TIE m'VEANY.CULKN CONTEST.
Proceedings Before the Committee Of the
Board Of Assistant AIdermen-Argument Of
MIR. AigernOn $. Sullivan.
The chamber of the Board of Assistant Aldermen
was pretty well filed yesterday morning and by an
assemblage not altogether like that which generally
attends the meetings held in this Within the
ratings were some promlnen: City Hall magnates Of
lesser order and number Of citizens anxious to
hear the proceedings and Judge for themselves on
the merits and bearings OF the case. Outside the
ratings were several OF the usual City Hall loungers
men who seem to have steady contract to blacken
the columns OF the Hall with their greasy heads and
coats in fine weather and rub the dampness of in
wet weather. The occasion Of the gathering was the
continuation OF the hearing before the committee OF
the Assistant Aldermen In the matter OF the contest
instituted by James L. McVeany for the right to the
seat in the Board now held by Peter Cukn. Many
Of those who were present nad heard the sp urge
made by the hero OF Twenty street In behalf
OF Mcveany they had calculated to nicely the value
OF his diamond PIN, and had posted themselves as
well as they were able on tie points which he had
raised. They expected, OF course that they would
have another opportunity to hear his logical legal
philosophical or extraordinary deductions-as they
might be-and some were prepared to believe that
ne mlRnt pOSslDy Wneeule TIC CoHIliltce iHlo SUIT
rendering the rishto of iosisl ators and acknowl-
edging thereby that the judiciary power was supe-
rior to the legislative. They were doomed to disap-
pontment, however, as the astounding orator and
fierce supporter OF the dominant party did not make
his appearance. nor did his worthy client, the con-
testant. Assistant Alderman Gibney, chairman
OF the committee, sat IN the Presidents chair
and assumed look OF dcmure dignity.
Assistant Alderman Creger, the republican member
of the commlttee smoothed his oily locks. stroked
his little moustacne and looked once in a while to-
wards the door, as If wondering why he was left
thus alone, for nune OF the other republican men,
bers OF the Board were present. Mr.. Culkn, the
gentleman against whom the "0uster'' Is aimed
was present smiling confidently and receiving the
whispered congratulations and encouragement Of
his friends lie spoke at times in low tones 10 his
counsel, Mr.. Agernon ;. Sullivan. The latter quietly
as IL impatient at the delay would consult his watch
and then with his extended palm would brush the
beads of pers Iiraton back from his placid brow
The crowd became somewhat uneasy. The weather.
all may know was quite oppressive, and hats and
handkerchefs were made TO do duty as agitators OF
the atmosphere. Every new conner was gaZed at by
the crowd as If they hoped he might be one OF the
advance guard OF the injured innocent, McVeany
and his doughty champion They came not, and
that they acknowledged the futility OF their Claims
and the arguments In their behalf
Alter a reasonably long wait the chairman said
that inasmuch the contestant had failed to ap-
pear, either in person or by counsel. and produce
any further evidence, the committee would con-
slider the closed the part OF the contes tan
and were ready TO hear any thing that Mr.. Cukn had
TO In answer To the charges ana arguments
offered ut the previous session OF the committee.
MIR. Sullivan, counsel for MI. Culkin, then arose
and calmly addressed the committee. He com
menced his argument by submitting the legal certid
cate OF election awarded TO Mr. Cukn by the Board
OF City Canvassers; then the certificate OF quaica
ton filed by Mr. Culkin, upon taking his oath OF
office, ana also the official records OF the Board
showing that Mr.. Culkin had been admitted and mad
regularly entered upon and TO this hour continued in
said ONCE. lie then reviewed at length the case
before the committee and submitted the following
points,
rThe of the State Legislature called city char
Council shall De the judge the election returns and quah
Sond-Any claimant OF membership in the Board by
competent and Satisfactory evidence show 70 me Board that
office.
Mcveany does not produce to the Board to this
ton qualifications All be has done was to appear at
claim, the time to be delivered to the
s h 81 s Of $ S % tho ssn 81
"The People en rel Mevesny vs. Peter Cukin "a Judgment
once q The Clerk Ss County Of New YORK The Ism
ans Once sna s S os Of e m E
Mayor He does furnish The copy Of the judgment,
M e SGs % he e os
the
seat must be adJudged 10 Cukin He has presented all the
he law e rhey are the
!s. By which every other member OF the Common Council
he o,SsI hand having the fullest Opportunity accorded
ery fails 70 produce any evidence This commtee s ready
hold public examine all the
hear any arguments The Board Of Assistant Aldermen,
your sergeant and The expense Of the city
bring before you all OF the electors OF the contested district
n Mcveany desired IT, and Mcveany has been duly notified
OF the above and that this meeting would he held but
best TO himself he falls 10 avail himself
OF this thorough and liberal provision made for inquiry OBJ
serve too, Culkn does object any investigation He
expected aud bs consents 10 and the fullest hear
Of evidence. No Mr. Culkn objects in.
quiy shrinks from scrutiny Of his of his
title 20 the ONCE.
interest and Importance II Is claimed that In the action be-
tween Mcveany and Culkin judgment OF the supreme
Court rendered In respect to the Office In question In
favor OF Mcveany and Of 'ouster" against Cukin What
OF ~ Ia OF any import TO the Board OF Assistant Alder
when sitting TO 'udee ns TO the eecticn rerus and
perfect for the decisions Of judicial r
bunsl but Il Ia entirely consistent to question their jufsdc
ton As TO the subject matter of this inves the Su
preme Court has jurisdiction.
makes the city legislative body the Judge of the right to MEM
bershp in Itself.
2-fhe language OF this provision ts identical with the
grant of similar 10 the Federal Congress and 70 the
State Legislatures 10 conceded that such grants have
always been construed a. comforting absolute and exclusive
jurisdiction OF the subject.
IA moments reflection will show that from it's nature
grant excludes all appellant Jurs
dcon. The duty prescribed Ia not executive or minis
eria. To such writ OF mandamus would be appl
will involve the greatest confusion and evil results Does the
that the Board "shs judge in the matter,
provided the Supreme Court shall not IN the hrs instance
have passed upon ~ IL that the intention would be
expressed On the theory claimed Of Supreme Court
of this subject that court could make or unnake the
sm ciy, But It's political pody Invested with trust ands