, 1876-01-28
f1THE MAYCRALT.
JuDaE uEcKHITa's VIEWS,

~ Ine MAJ 0THc -
JUDGE DECKE1TA's VIEWS.
Tho extraordinary and generally unaat'stao-
orr action Of tho supromo Court tn relation to
Tho maudamus applica for by tho Citlzona Az
eociation to compel tho Common Council to
order n spcciel election TOR Mayor has boon pro-
luc.iro Of no 'tlo discussion among tho po!itt-
riaus. In aouo quarters tho orsnion Las boon
expressed that, thorn being difference Of senti-
ment among the mombtra Of tlo Court, they
determined out Of conrtesy and ccmpli-
mont to Judge DlckeY (rcccnty elected
to tho Supreme Dench), wlo had
been of counsel in tho case, to make an oqual
division, and thus render negative Judgment,
so As to neither affirm nor dony tho position as
sumcd By him whlo acting as Corpozstlon Coun-
SOL
In other circles It VAS stated that tho best
thing to do, to nuillty tho tho eject Of tho su-
promo Court division, would be for both political
partieB to put forward n candidate for Mayor at
tho general city election TO bo held ID April
uo1t aud hold an election for the
choico Of m incumbent for that olIlco. Thon
tho victor In the contest should 60 to tho City
Clotk aud demand a certificate OF election and
tho right To DO sworn Into ofllco. On hiH rotusal
rauto should bo obtained sgai1tas Mayor ColTin.
requiring him to plead why no ehould continue
to usurp tho functions OF tho MAyyosal Office.
A correspondent in ycs!erda5's 3 Tn1nUHE Rug..
goata that tho Citizena' Association should
1t oucs "elismnu tho pust In tho Supreme, Court
and commence another mandamus Bt,st iii tho
Circuit or Superior Court. II judgment Ii
rendered in tho Lower Court against the Mayor.
aud MI appeal is talsen. the inability Of the au.
prclno Court to act will loaye tho judgment Of
tho lower Court iu {o1cc."
In order to obsain como information concern
Ing thu legality Of tho propositions stated above,
ThluusE reporter lsat evening callod on
who WAS Of COUNSEL for tho Mayor and Council
In tho suit brought againht llem b7 tho C!tlzcns
Association. After tho uBua! eatutations tle in-
yoFyies proceeded nbuut W tct!oWa:
"Judge, 1t las been Gtated In political ctfclea
that it both pnrties wero to nominate candi-
dates for the ONCE Of Mayor. and proceed to
yots upon them At tho general olocticn In April
next, it woald ba posalbso for tho victor to oh
,1,n wiz q qno "ssEnnto asn ss.nMt IT, shs acting
cause why lle should not dcli'cr up thu ,o!l'cc
which ho has 60 long usurpesl. Could such pro-
ceellnEH tako placo:"
No, not very we'll unlcas the Council ahould
order I'll election for Msyor. Tho action OF tho
political parL;e. In ctect!ic = Mayor, un1cB8 tho
aa,aa bo conducted under duo legal authority, in
OF no inor0 significance t1.An Il town meeting.
You and l might 80 out On tho strcet aud hold
all oloction,-aud. betwocn you aud nle, wo would
; make good political rarty,-nI.l Ito result
would bo juat as 1egas and binding rs tlle result
Of auy election Acld Without proper loEul author
=. Bat am not speaking OF inai7llual', but of
parl,ea."
"siuppoaug euch election were held. and sup
; posing shat llnlf dozen or moro peEsons wnro
detected in tho act OF repeating or osherwsso H.
, legally voting. how conld they DO pnhiahod7 It
could not bo ayefEed that they rcIoasod OF 9TH:
orwisn illegally yosOd At y legal election; aud
without thus ayeTlncnt tho indictment would 10
| woEsh!nss. You cannot punish any lnaa for illo-
gal voting nt primary ainctton. boc1use smell An
election il unknown IL tho law, aud is 'sot To-
| gal election"
Then tho question in that respect hss boon
| settled BY tho courts p -.-.....
yer. ut tho .mo Of tho Dofs 1sbs'lion In
"Now abou. tho proposition OF tin correspond.
ent. whose letter appeared III thts iAornlnG'
TA!ncsE, that
bo commenced In ono Of tho lower courts. II
caso tho Court should find againat tho Mayor
tho inability Ut tito supreme Court to act VII
leave tho lndgtlcns,ot tho lower court in forcaF
''ra!4an tl.at question haa been bettlod bJ
tho supreme Court Of the uuitod stasea-"
| ''Wl4en II WAS p.onoaed to bridge Tho Eud
sou River at Albany, thono who were
opposed 10 tho echoma applied to Judg'
Nelson. then sitting - United State'
NeIson refused 70 grant tho Injunction. An aI,
peal war taken to tho Supreme Court. Tllet,
weEo eight members Of tic Court OH tho bench
and thuy xero equally DIVIDED on tho question
Tins negatively affirming the Judgment OF Jndr
NelBon. Subsequently AL application TOT Al
injunction was made to another tlrcui
Judge OF tho United H.ates Court, and Il,
| prayer of the petitioners VIVA granted. An VI
poai waB taken To tic Supreme Court, and III
Injunction Maa oyersulch on tha ground TINT III
question VAS d res nd juaicnta. The Huproul
Court did not rlOnaao IL b0 capghti in any guc
trap"
.:Tl.en tho decision. or rather tho lsasret
ment Of lilo Court, il Of the aa,ne force "a Il
yoto In = Legislative body 7"
"Yes. sisi that's It exactly. On : tio vot
tho motion IL Alwnya lost"
"Whkt do you think about q
AEuEAAlHo OF THE cAaE:"
"1hardly think that areh will bo done. IT.
J co,lnHc! for tito petitioners mado yosy "lafosai
j ttiefu, covering oEery possible punt. Thel
= | ia not III tho cGHo uDtltt coNelderktlU
the slightest portability OF presenting any nu
: peintH or bringing forward any now ovidenc
aud In tho abBenca Of such it iu not At all like
that rho Court will grant : rehoariug. II
y action Of tho Supreme Court Of lhe Unit,
: States In tho Albany bridge case sottseB tho qle
ton.
4 NATIONAL ASSOCIATION OF FAhclER!
Q ANNUAL MEETING YESTERDAY,
Tho regular annual meeting Of the Nation
= Poultry Association was held In the conmittc
d rooms 1t tho Exposition Building yeste.day 4
. ts1poon at 3 o'clock. There uAs large stteu'