New-York tribune., 1879-06-03
EX-COMLISSIONER NICHOLS'S APPEAL.
THE SUPREME COURT ASKED TO REVIEW THE CAUSE
OF HIS REMOVAL

| THE SUPREME COURT ASKED TO REVIEW THE CAUSE
OF HIS REMOVAL
| ALBANY, June 2.-The removal of Police
Commissioner Nichols OF NewYork, before the Su-
preme Court Special Term, at Albany this afternoon,
| by a motion before Justice Westbrook for a GER
orari to compel the Governor TO make return Of the
proceedings and evidence to the Supreme Court for
view. Mcssrs Townsend and Weed appeared
for Mr. Nichols, Burton n. Harrison for Mayor
Cooper, and Attorney General schOonmaker for
the Governor. Mr.. Townsend opened the case
on behalf Of Mr. Nichols and stated that the 31s day
of May they caused to be served the Governor and
Mayor Cooper notice OF the application for certorari
together with an affidavit of Sidney p Nichols setting
forth all the evidence taken in what called trial
before Mayor Cooper the City of New-York some
months ago, ana 1t was upon that affidavit he now
moved for the writ This proceeding not taken for
the purpose Of rensatng Mr. Nichols in his office at the
present time, from which he twas removed
But the position he took was that they were
entitled under the certiOrar have the Court review
the proceedings and correct any irreguarity IN thelr
character there being other mode OF obtaining re-
lief In support of tie position taken that TINS was te
legged 10 have been done Mr. Nichols, the counsel cited
several authorities, and said II was well settled that
common law ceriOrar may be obtained TO see II there
| was sufficient proof warrant the removal
! beng made The only question for the Court was
whether the Governor acted udiealy In matter ana
If he did they claimed then his action was subject to
review the supreme Court the same as the action OF any
inferior He did not ask to be reinstated as thst
| question would up afterward, II it was found
there was no evidence TO warrant his removal as II
would be the Attorney ON their Application
his volition, to take proceedings 70 reinsc
| Mr.. Nichols.
The COurt-Your allegation Is that there was no PROOF
whatever and will be assumed 10 b. correct unless
| controyerted By opposing aiidavits Have you any
cases constituting tine effect OF the words for cause ~
| Mr. Towusend-I refer you 70 the "Thrty-une New
Jersey Reports" page ~, where that word has been
construed The Judge there SAYS cause is lust cause,
ana recent cases have held that IL means just cause
AtOruey-Gcneral schOonmaker said he appeared Tor
IA. I,,t4r md
was that the proceeding the removal OF Police
Commissioner or New-YOrk was political proceeding
and NOT judicial proceeding. The Police Commission
ers OF New York. like the Mayor, were suect To the
Executive They are all officers, constituting aTt OF
the machinery for the government OF the clty Ihelr
Offices are not judicial, but entirely political
Mr.. Townsend In reply cited large numDcr OF au-
| thortcs IN support OF his petition;
Judge MestbrOok said he would be unable 10 pass
upon the question for two weeks and suggested that all
the counsel should submit TO him a BRIEF containing
their points and authorities and he would give Ills de-
cision as early after the time named as possible.