The New York herald., 1871-11-07

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T.ss ssI; % % Oh II s November D.
Judge BAaxlRD-I do not tnink, from the vlewI
take o these proceedings that II q at a NECESSARY
to discuss an5 legal ;mas ~ s s,so IeIo
OF the defendant The case, as y at present Nands
is not IN such shape as to dispose OF u now at al
events. Tne allegations that are commended for IN
the morning papers having been all cOntradicted. or
Inc material part ol them, m issue Is created and
and he regularly held In It's order and at the proper
timc. An issue being thus raised must quash the
motion for mandamus and the plaintiM may tnen
fhe Circuit calendar Of the Court for trial
Mayor HALI-I rise Your Honor, to move to guash
that which cannot be granted Your Honor ts 100
famiiiar with the law OF mandamus not TO know
na mean waS 1s ne N nj
thar he has alveady madc that appointment, cannot
be forced nv mandamus 70 alter or to make II any
particular way or to unmake what he has made
Your Honor cannot accede to any such s6phis.
try as thai. The moving papers Of the plaintiff
were appointed according 70 law In this
county and 70 aot a.. as .rsfdr smeM nsPeeteTs sbes
Sppcasion Is that Sy some novel process Of law FOR
which no authority Is shown, but for which pre-.
cedent Is now sought TO be made, some OF these
legally appointed inspectors are to be sc0oped out
and Others put In their place. Your Honor Is fur-
nisned with numerous cases IN the law books where
pointment mandamuses nave issued to compel the
board or nalvduai to make the necessary appoint.
ent no one ever heard o. Of u
such appointment In q particular way, or in favor
Of . particular individual. And, therefore. u
aiiidavits OF the plaintirs, that no issue can be
made or Ii made. Putting IL on the calendar for
before Your Honor as General Term, on writ Of
error, think 1t was. You asked, Wnat became Q!
The delendant' whom some Of the parties interested
fact OF which counsel In the case had been ignor
their duties tomorrow, 1t seems 70 me 1t would be
somewhat like trying the case OF tne man VINO was
miss sSe motion as there is 10 reality no
submitted BY him had snectuaiy disposed Of inc
on the other side rebutttng the facts set forth.
The COURT think | should have quashcd this
what view take OF t. An issue or fact having been
created here II would DO necessary to put the case
Seng @ there It could not be possibly reached in its
regular order, under three years from today That
6eng ne ease ana 1nS ra aag " 70 nee tase
elections within the period OF these three years. 1T
would be absurd TO put such case on the calendar.
The proper alternative under the circumstances for
the Court is inform the counsel for the plaintls
that the motion must bo Quashed. 1t cannot be
to 60 upon the calendar and to remain there for
three years he can have II.
case ior the other side was q weak one, as It mad
been gotten up entirely to influence public opinion
through the nsyspapers He Mayer Aaill had I'D de-
ponent for the purpose Of setting public opinion
right through the medium Of the newspapers.
Judge BARNARD said that he had arrived at his
opinion IN the matter from facts In the case
and he hoped that his decision would be subjected
" NJ .a TVasa Ss NJ ha sa
be denied the right q the Mayor g sscrioe . sm-
as inspectors of escsio 80 that baots should be
day. DAY. This was the spirit Of the law, and the in.
.eItlon OF the !aw which gave to the IN Mayor l, the
plated ss As xS9e sD aRS0p We're
who were Of grossly immoral character. The mayor
naa SAID tnat no vacancies existed. but II he hal
OF the honest Intent Of the law, or had. In maKins
these appointments, failed to comply with any O
s yad an 81 es S T uc n
and Il was the object or this application to compe
the Mayor to obey the spirit and intent Of the law
Judge BaSN4Rp0f i IND 1p'; no faut with the state
ments made by counsel In relation to the spirit and
han in respect hereto but the trouble Is thar conn
sci has not conclusively shown that Mayor Hall had
yiola or intended TO violate the law In fact there
was nothing before him TO Indicate that Mayor Hall
had made Improper appointments, or rhatany vacan.
cies existed in the Office OF inspector OF election.
Mr. STRAHAN contended that he had shown by
atiidavis that 1t had been the practice Tor number
OF years ior Tammany Hall TO appoint inspectors OF
leaders had representaive in eaca ward 10
tain and report such men. VINO were appointed on
the RECOMMENDATION OF such representatives, for
the special purpose OF fnrthering the ends Of Tam.
Judge BARNARp--I see no difference Ia The mode
OF conducting elections In this city as compared
with cities elsewhere. In sll cities in all elections
hed therein all parties to such elections cheated
Mr.. sTRAHAs said that many Of the present in.
spectors OF election had held ofioe as such inspec-
tors as appeared by his af1davits, when ballotbox
prevalent in their respective dlstricts.
Judge BARNARD reiterated that his mind was made
the case put the Circuit Court calendar or have
his application tor mandamus denied.
to have the case put on the calendar, saying that
such course would place him in the position OF &C.
quiesclng Ia step That was equivalent to Denial
OF the relief sought.
Mayor HALL, rising-win your Honor indulge me
moment' There was avery respectable gentleman
once hung and after execution he was galvanized
into life when he insisted that the sheriff should
allow him to reascend the gallows and to make
vi0usly dropped on But the sheriff very properly
refused the request on the ground tnat he had been
already hung. That Is my answer.
Judge BARNARD then formally denied the applica
tion.