The New York herald., 1879-08-05
A Stay in the Proceedings Against
Commissioner Wheeler.
JUDGE VAN BRUNT'S WRIT.
COnnical Scene in the Execu-
tive Chamber.
His HONOR EURPRlSED--YHE DEFENCE HAPPY


quite throns of politicians to the Mayors office
yesterday afternoon. The hearing was set down for
one o'clock. and few minutes after that hour the
counsel of the accused Commissioner, Messrs. John
]. Davenport, George Bliss and Elihu Root, were
present chatting jocosely with the reporters, with
Police Commissioner French and group of other
politicians and officials and ex-ofcials. among whom
were noticed Assemblyman Robert H. Strahan,
Alderman Jacobus Alderman Perley, ex-Coroner
Cornelius Flynn, Alderman Slevin, ex-Alderman
Tuomey and ex-Alderman Biglin. Commis-
Bioner Of Accounts Shearman. whose re-
port the present charges based stood quietly III
the background. 1t was at once remarked as sig
nifcant circumstance that the accused himself was
not present and it whispered that by his absence
Commissioner Wheeler meant to emphasize from
the start his refusal to be heard otherwise than
through his counsel. But all these and other in
genious theories met with disappointment, for it ap-
peared that the counsel for the Commissioner had
taken quite novel and striking method predicted
by the HERALD Of yesterday of squelching all the
proceeding, looking to removal Of the Commits
honer from their very start. 1t quite q
theatrical coup in its effect for the scene which
sued was about follows:-
CoMICAL SCENE.
At q quarter past Mayor Cooper. with sedate
dignity and urbane smile, issued from his sanctum
and walked into the executive chamber. Everything
was ready for the official proceedings. The tables
for the counsel and reporters had all been carefully
arranged. after much discussion. and formidable
array Of reporters ready, with sharpened PEN
ellis. to describe minutely what expected to
follow But it only dumb show. Little was
said, and that in such low whisper that
the reporters depended Colonel Bliss account
OF what had occurred. The Mayor walked over, still
smiling placidly. to his seat, and in doing SO he
passed the table occupied by the counsel. He pur-
posely stopped. and, with studious courtesy, ex-
tended his hand to Messrs Bliss, Root and Daven-
port. The first named two legal advisers of Com
missioner Wheeler returned the courtesy with po-
liteness but Mr.. Davenport darted glance Of
whitening indignation and ut the Mayor and
very sttiiy gave His Honor the tips Of his dimin-
utive fingers. The Mayor slightly bent his head
and spoke to Mr.. Bliss. but what he said was in so
low u tone not to be audible. According to Mr..
Bliss the Mayor said:-
THE MAYOR SURPRISED.
"Mr. Bliss. shall have to ask you to wait for a
few minutes. as have just sent for Corporation
Counsel Whitney, who will be here shortly"
II will save ourselves all waiting. Mr. Mayor"
Colonel Bliss replied quietly and in q tone of mock
deerence. "for here is young man who has a writ
Of prohibition, issued from the Supreme Court. to
serve on you forbdding you to proceed with these
charges
The Mayor tried to conceal his surprise. and
quietly took the paper from Colonel Bliss clerk and
after reading said he would ask the counsel
'to wait while till he retired to his sanctum aud
consulted the Corporation Counsel.
"All right" Colonel Bliss returned with immense
satisfaction. and the Mayor turned his back Col
onel Bliss put his hand up sideways to his and
added in an undertone, "and you'll wait Also" 1t
aftorward stated that in doing Colonel Bliss
had made use OF certain boyish and very rude ges
ture. but he emphatIcally denied having done
The Mayor then retired. at which the counsel all be-
gan giggng and gleefully explaining what they had
done-namey. that writ signed by Judge Van
Brunt had been issued out OF the Supreme Court
prohibiting the Mayor from proceeding with these
charges, the ground that Commissioners heeler's
term of office WAS over and that the proper method
OF removing him was for the Mayor to appoint his
successor.
WHEELER LOOKS ON.
The funniest part OF the scene was that as the Mayor
read the writ in sudden emba OF
prise. the portly form OF the accused Police Com
missioner appeared ut the threshold anu looked on
with compacent satisfaction at the Chief Mag istrate
whose legal defeat he WAS evidently contemplating
with great JOY. The Mayor remained in his private
room till two O'Clock, when colonel Bliss sent in
word that he would not wait any logger and His
Honor out and gave his written answer:
which will be fouad below. Moanwhils
Ex-Comptroller Andrew H. Green and Corporation
Counsel Whitney and his assistant +. G. Bangs, mad
arrived. and the Mayor had consulted with them,
that his answer was regarded as connection OF all
their combined intellects. While the Mayor in his
counsel. and especially Colonel Bliss enjoyed their
victory to the fun, and Mr.. Bliss freely remarked
that the Mayor did not obey the writ he could be
hauled of to jail
VIEWS OF THE COUNSEL.
''What will DO the effect of this writ?' Colonel
Bliss was asked.
1T stays all proceedings before the Mayor until
November. probably" was his repy.
"But supposng the writ is quashed on the argu-
ment before Judge Van BruntY
Then we carry the to the Supreme Court,
General Term. and TO the Court of Appeals"
4 for ~ a m m he
tory OF this cityY"
mot that can remember. but then Mother is
there precedent for the attempt of Mayor Cooper
to remove an ohcer on such ridiculous charges after
his term had expired"
Colonel Bliss also said that the Supreme Court
would shortly deliver opinion which had arisen
out OF case Sin the country" declaring that i'll
moval proceedings like the present the accused
officer was entitled to u hearing through counsel.
While Colonel Bliss gave his views to the reporters
and the crowd generally Commissioner Wheeler
had quietly stolen away.
Mr.. Elihu Root. when asked as to whether there
was to this writ replied that he knew of
none which was actually served the Mayor, but
that similar application for a writ OF prohibition
was made in the case of the Police Commissioners
arraipned before Mayor Ety. Tue counsel could
nave obtained the writ in that also, but pre-
ierred to have the charges withdrawn by the Mayor.
In the more recent case of General Smith and
Messrs. Erhardt and Nichols the papers also
made out with view OF securing writ OF prohibit
tion but it finally prefer red that the Governor
should kill the charges i'll all but of these three
Mr.. Root said the main ground of the present
writ was that Mr.. Wheeler, by of his having
served out his term OF office, was no longer liable
removal charges preferred by the Mayor, but
could only be removed by the Mayor nominating his
successor.
THE MAYORS ANSWER.
After the Mayor had exhausted the patience of
Colonel Bliss, who would not give His Honor
than half an hour In which to make up his answer
and sent Tor by that impatient legal combatant,
His Honor before stated returned with apparently
placid men and walked through tho crowd OF
porters and politicians to his desk. There he stood
smiling bcnignly and studiously at Colonel Bliss
and assuming an unconcerncd air which apparently
meant to say that he was not put out in the least
by the sudden legal obstacle to Mr. Whoeers re-
moval. lie then drew himself up "oflicially" aud
qucriod. addressing Colonel Bliss, in his usual low
Whisper
do YOU appear counsel for Commissioner
WheccrY'
III do" Colonel Bliss replied vchementy with
something ot a grin.
well. then. here is my writton answer" the
Mayor said handing tho counsel paper in which
the following reply had been carefully elaborated
Mn. BLiss-I have been served with writ which an,
advised prevents mc from deciding this removing