New-York tribune., 1879-06-03
BROOKLYN MUYTCIPAL THEMES.
OBEYING A NANDAMUS.


THE BROOKLYN COMMON COUNCIL ORDERS SPECIAL
ELECTION FOR ALDERMAN IN THE TWELFTH
WARD on JUNE "a.
Mayor Howell yesterday vetoed the resolu-
tion adopted by the Common Council week direct
ing the Corporation Counsel to appeal from the decision
Of the General Term OF the supreme Court in reference
10 the election of Mr OReys in the Twelfth
Ward. The veto message read at yesterdays meet
ing Of the Aldermen. "Ths proceeding" the Mayor
says "is -adysed. Ii cannot he expected that de-
by the Court of Appeals will vrndcate your pre-
vous action. Whatever objections the members ofyour
Board may entertain respecting your duty as to execut
ing the law provided In such cases. 1t has become mani
fest that your has been attended with mischief
and at variance with sound policy, and cannot be up
held by law Your counsel may have acted
up his OF proprety. but, in Judgment his
action has outsepped the counes of his duty as Cor
poratOn Attorney and Counsel The part he has taken
counsel for individuals and the service he has
dered in their behalf against the city and his assuming
to act under resolution OF your Board which has not
been established TO TO be in disregard OF his
official relation to the City OF Brooklyn aud Of his oath
officer of the city Ills wisdom in urging this
against the provisions OF the charter is questionable
His antagonsm to Corporation, in defence Of any
man. to me to ne unjust II not presumptuou', and
deserves condemnation. IL is duty to overrue your
action herein; and take the liberty TO affirm my de-
cided opposition your proceeding and undisgused
dsapprOyal of the apparent motives which have actu-
those eounselled you and those who have
urged It forward"
Alderman Aiken Rep) afterward offered a rcsolu-
tion directing special election for Alderman in the
Twelfth Ward June "a, provided tha IL in the mean
the Court OF Appeals reversed the decision Of che
General Term, the resolution should he null and void.
Alderman Powers Rep) spr1ng TO his feet aud waved
paper in his hand. offer this substitute" he
shouted but Mr. Aitken, who had not taken his seat,
called for the previous question. This ordered by
"a of ii to o. and then Mr. Athens resolution was
adopted with only single negative VOethat OF Alder
man Powers Upon the motion of Alderman Stewart
the Board then abruptly adjourned.
The resolutions which Mr.. Powers wished to oher
directed the Corporation Counsel to Withdraw the
peal TO the Court Appeals and provided for special
election in the Twelfth Ward June 20. They dsa-
vowed any intent to commit contempt OF court and
Corporation Counsel Dewitt giving to the
BOdrg the advice upon which their action OF the pre-
yiOus week based ana the Law Committee was
directed to inquire whether false advice had been
knowingly epdered and, T 10 take steps Tor ME- de
Wits removal.
Some question after the adjournment az 10
whether the resOut directing special election
valid A Democratic Alderman asserted tha' II
was account OF the condition attached TO IT, The
Corporation Counsel said that he regarded 1t as per
cisOn of the General election would he held,
bul n that deels0n affirmed the election would tae
place He added that there would undoubtedly be de-
before June "a nasmueG he mad obtained an
order directing the counsel for the reatOr To Snow
why appeal snoud not be heard to-day before
the Court OF Appeals he expected tlat the case WOuu
be ar giIed to-day.
Under the charter the City Clerk will give notice Of
the passage of the resolution 10 the Board of Elections
whose duty it Will then be 10 cal! The election.