The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-04
The Supreme Court Orders The Appointment
Of The WgWan Inspectors
WILL THE POLICE BOARD OBEY?
Mayor Cooper Gets a Hint
Not to Interfere.
THE "UNSEEN FINGER. :"
The Republican Commissioners Play a
Smart Trick on Mr.. MacLean.

There was hot work yesterday in the extraor-
binary session of the Supreme Court, General Term,
between the rival factions Of the democratic party
the rival Police Commissioners and their respective
counsel. Long before the appointed noon hour.
when tho case to be called up. the court room
began to be crowded with politicians from the re-
publican. Tammany and anti-Tammany ranks. to-
gether with slight sprinkling of greenbackers.
Almost the entire semicircular table set apart for
counsel occupied by the legal champions of the
parties interested, those avowedy appearing the
part Of Tammany Hall being Messrs. David Dudley
Field. Edwin W. stoughton. Dudley Field and Mr..
Bacon. Those representing the Police Board were
Mr.. f. N. Bangs and Assistant Corporation Counsel
Stetson. while Mr.. Elihu Root. who held inde-
pendent position as private counsel to Commits
sioners Wheeler and French, was apparently sup
ported by exUnited States District Attorney George
Bliss not far behind whom John I. Davenport.
The court was opened within few minutes of noon
by Presiding Judge Davis and his two associates.
Judges Brady and Barrett. A
After reference to and reading Of the papers used
and proceedings had in the litigation thus far. an
affidavit was read sworn to by Commissioner Mac
Lean. in which he asserted that Commissioners
Wheeler and French working together for
the defeat Of Governor Robinson. and recited that
earlier in the morning. while he preparing
luton IN adjoining room. he sent word to his
associates Wheeler and French that he was en-
gagged. and would join them presently, but subse-
quently found that without his presence they had
adjourned the Board to this morning. This resolu
ton the effect that the remaining inspectors
be appointed from members of the New York
Chamber Of Commerce and the New York Prod
noe Exchange. This statement was partially con-
tradictod by affidavit Of Commissioner
French. made at subsequent stage OF
the proceedings. and in which he as
terted that the message Mr.. MacLean sent in
was that he was engaged in preparing papers. and
would be in later. but without stating when he
would be in. and Mr.. French and his associate.
Mr.. Wheeler. thinking they had had enough OF the
farce conc led they would adjourn until this
morning ana give the extraordinary term oppor-
tunity to unxavel the confusion in which they had
become ertapged.
Mr.. paaeu called the Courts attention to the fact
that twenty of tho fourth inspectors had been ap-
pointed. among whom some Tammany men,
including Mr.. Field himself.
Mr.. Fied-What is that?
Judge Dayis-He wants to call your attention to
the fact that you have been appointed
'Mr. Field at the head of the list" continued
Mr.. Bangs, "and for another there was substituted
Samuel J. Tilden. there being doubt to which
Cyrus w. Field could be assigned
MIR. David Dudley Field wanted to know from Mr.
Bangs to whom he might consider himself in
debted for the Acnor conferred.
Mr.. Bangs sai. he had nothing to do with it. and
certainly woull not advise his election.
Mr.. Field hope the gentleman Is not himself
candidate.
MR.. sroUGHToSs POINTS.
Mr.. Edwin w. Stoughton then proceeded to argue
In favor of the writ OF mandamus asked for Mr..
Tilden. he said had been exchanged for him on the
list of inspectors which reminded him of the re-
mark OF Sheridan when. in His old age. some one
called attention to his ugiiness brought about by
temperate habits and he replied lie was handsome
when child, but he had been snapped off in his
old age for an ugly boy. Tie question was that two
OF the members OF the Police Board had wilfuly
fused mpliance with the Interpretation which
Court gave to the law, an Interpretation 50 plain
that it could not be misunderstood. Tho Court
had plainly told the Commissioners that it
their duty to select from the democratic
party as an entirety. That decision was not merely
fatherly advice but judicial Interpretation the
law. and the Board should be made to observe aud
respect it, Taking the relative numbers Of the re-
spective factions into consideration the great
majority had been left unreprosentod. Relieving
the case from all the clubbing and smartuess Of
'this person" who tried TO hold up respectable men
to ridicue-for tho nominations OF some inspec-
tors were evidently intended-should be reminded
OF his duty and that there is court above him.
After criticisine the affidavit of Commissioner
MacLean evasive intended to give the Court no
Information ut all, and no doubt pointed out by AN
unseen and almost paralyzed finger counsel said the
whole performance was simply disgraccful, and the
solfrespect exhibited by Messrs. French aud Wheeler
in declining to take further part in be
mended. whether or not, counsel concluded. the
motive of Commissioners MacLean and Morrison
to get share to their party in the S4.Ss5 day
paid to inspectors. At was plainly their intention to
Jaw.
THE OPPOSITION.
Mr.. Bangs on the part OF the Police Board in gen.
eral aud representing the Corporation Counsel con-
tended that the opinion of the Court contained
shades OF meaning which there might be an hon.
est difference Of Interpretation. He in favor of
q writ of mandamus to compel Commissioners
French and Wheeler to go back TO the rooms from
which they fled that morning and remain there un III
the duty imposed on them by law fulfilled.
These two had already got three out Of tour OF the
inspectors of election and they wanted tho
fourth. But II the REALTORS wanted the Court to
name what political faction of party the remaining
inspectors to be appointed from he pro tested.
This had been decided 10y the Court of Appeals IN a
recent against the Mayor OF Troy for calling
tcntion to which they were indebted to the HERALD
and which decision in favor OF his side OF the
case II the Court should now go to the extent OF
deciding to who the proper parties to be named
inspectors they might be next called upon to sub
sttute themselves Inspectors of election and thus
confuse and blend all the departments.
REPLYING EELArORs
Messrs. Root and David Dudley Field followed in
IN argument the same side as MIR. Stoughton,
aud In reply to Mr. Bangs Mr. Field coutending that
the Court had clearly defined what the duty OF the
Commissioners was, and said IL they did not per-
form within the time prescribed by law the Court
Commissioners had not complied with the law
interpreted by the Court and the REALTORS had now
come for their mandamus The conduct OF the Com
missioners had been such to entitlc them to the
condemnation OF the Court and of every just
After stating at length the relative numbers of the
three political branches to DO represented by In
spectors. and what the Commissioners mad done, no
said they had plainly violated the law interpreted
by the Court when they attempted to select tho
whole democratic tnton in inspectors from
one faction of that party TO the exclusion OF another
aud thrice greater faction. Two of the
f.,. Ent sfliQz ipp had dopa has aud
now noutod 1t in tho face of the Court
aud asked them what they were going to do about
II? Plainly, that QUO inspector OF the demo-
cratic two had been taken from tho nti. Tam many
ranks, tho remainder should be taken from the
other sido of tho line. and Tor the Court to compel
tho commissioners to do so would be only in con-
forruity with plain honesty. good sense and sound
law.
At the conclusion Of the argument the Court took
recess, and after about hours consultation re-
turned into court and delivered its opinion. fol-
lows:-
THE DECISION
The Court Judge Davis said, had arrived at o
unanimous conclusion as 90 the true Interpretation
.t..- HE. H..