The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-07

esmss Martin Kaprsi.eh, Mayor Of sss city Of Brookyn
perempcry wr Of msndamas served upon him This
seeding saith That he desires and intends IN good isn 70
granting said ,has he has not yet hal snv opportunity
served on b,m ' mr. nss he scan Inc sa5e that
s ss, sayIesa BY r. % ,shasoa b. scaa;sl:
making q oasr which the responder Mayor Of
~. SeeS SS and he Therefore c.psciiay
upon saa una nay an sTer cs 81 m
De ahe sIss i ap Ts" a. hess ne, dee.a
r swuin 20 osi9n ne, This day Of July ls5J THOMAS
&c viii be observed there no date TO The jurat)
Mr.. Johnson continued-Ihis return "a similar 70
OF New YORK, where a say OF proceedings was
gran'el pending an appeal 10 the General Term. We
have had 10 oa.eal notice as yet tnat TN, manda-
mus was issued pursuant to the order the Court.
TIE Court-So rider FOR a rnandamus served
Nj. JonnsOn--l have not seen II. learned from
Mr.. Taylor tins morning that II was served on the
Corporation Counsel. did not know un.il this mo-
ment 1t was served. now make the appeal in Rooi
faltn, because his Honor the Mayor beieYes there
questions involved in this case TO be IRE ented
10 the General Term ana dnally to the court OF APP
peals.
The Coprr-in granting a stay how could damages
be assessed We could nor think OF grating stay
unless The eators could he ndemnhcd
Air. Jonnsou-rle REALTORS are mere ono ais; they
cannot sustain any damage except what Is sustained
by the city at large.
said-We represent the public interest, which sas-
tains an iinuense damage.
terest as wen rs the Commissioners.
The Court ordered the PARK Commissioners 10
enter into personal bonds OF S25 900.
Mr.. Johnson We'll, this II a matter purely IN the
discretion OF your Honor. In the case mentioned
the Gansevoort property-Justlce Barnard granted
stay without any security.
Mr.. Taylor--lhis question il not now before the
Court The simple question now Is whether there
gard to his right a stay deny that. But this is
not the question. certified copy or the order
| served on the attorney OF record. l 90 not know
| witt. He entered his appearance as attorney ana
| 10 now the attorney OF the record. II belongs 10
MIN alone To deal IN this matter. The order was
served on him, ana have reason TO believe and 10
know II Was orwarded 10 The Mayor.
The Court-lne.e - no question but tina, the Cor
poration Counse! Is the only party WHO can appear
| Tor the CITY Of Brooklyn.
| Mr. Taylor--,ir. Johnson has right TO appear rs
| private counsel when move Tor an attachment.
| When 1t becomes personal matter he can employ
private counsel. But In any question OF law, IN
volving The interests OF the city Brooklyn prvats
counsel has nothing To do With n.
MI. Johns n requoted the Gansevoor case IN New
York. when Mayor Hall appeared by private counsel.
The Court-rc other district has held precisely
the reverse. and have looked up tie question con-
slderabiy IN this and other cases.
NJ. Johnson denied there being any record in the
case and said "he was as much an attorney OF
record as anybody"
MI. Taylor replied that Mr.. Dewitt had stipulated
an adj onrnment on the record and appeared during
the argument.
The Court-Does the return state the Mayor has
not had time 10 answer the WRIT
Mr.. Tayor-tie wants an opportunity to appeal
Mr.. Johison-l state verbally thai the naudamus
was served ~ late official hour.
MI. Taylor AT eleven O'CLOCK on SATURDAY..
The Coult-The only question before me j. whether
he had legal time To execute the writ. Yesterday
was the only Official day lie had. II you state he has
| not had time viii change the return day until to-
| morrow or next day
Mr. Johnson-l think there has been undue haste.
The Contt-lr he Will 20 on and ohey the writ
| Will change the return day.
MI. Johnson-Jhe application Is before you to stay
| proceedings uniil he can perfect his appeal.
Mr.. Taylor did not come here to meet such
motion as hat have had no notice OF IT, | want
his excuse Tor not obeying the order. Aier that II
| your Honor viii entertain motion for stay 10
| appeal that Is another matter.
| The CONTRIBUTING an opportunity 10 appeal Ia
| no excuse FOR not obeSing the ORDER. Formerly
| there was no appeal Oh peremp;ory mandamus.
| Do yOn concede that 1t IL discretionary with the
| Court whether there shall be any stay2
Mr. Characterization and 1t Is q question
| OF proprieiy whether, pending the discussion a
great question or this Character ptocee should
be stayed thc execution OF tie law until the de.
cisiOn OF the court OF the last resort which wiz DO
mat laws OF this character Will not be sust tlned
| The Court-,uppuse II turns out the other way.
| must administer tne law us II strikes Inc now. 1
writ until Saturday morning. serve The the
| Mayor pcrsonaiy tliis morning.
Mr.. Tayior-i suppose proper order VIII be to
comply With Tie !nandamus by tnat time.
| 'he Court replied mat 1t would he.