The New York herald., 1879-09-21

Nichols cannot now. by any process known to
the law. however rarely used be reinstated
In his place until after the expiration OF the
time allowed for choosing officers OF election
for this year. Tammany must remain without
a representative in the Board OF Police and can
obtain only such inspectors as may be conceded by
the grace of the democratic Commissioners
cured by the obstinacy of its republican allies 1t
is voiceless in the Board ard powerless except as
suppant to one or the other of the parties in the
Board. Other consequences Of tho decision. if of
less immediate interest. Of even greater i'm
porance. Between the Nichols case and the Wheeler
case adjudication Of the highest courts upon
the subject of tenure of municipal offices will be
speedily obtained. and the settlement of these ques
tons in favor OF either the Mayor OF the Cominis-
sioners will permit tho conduct of municipal gov
crnment by consistent rule instead of
in the irregular manner in which it has recently
perforce gone The charter OF 1878 still
remains practically unconstrued. II in the present
controversy the Mayor and Governor are right
to the people. through elective officers who
hold the appointing power. II Judges Westbrook
and Van Brunt are right the system will be ono
changed unless by death except as the result OF po
litical intrigue and combinations Practically.
determine the form of government for the city
long the present charter prevails. The prelude
to the assembling of the extraordinary court is as
HOW THE SPECIAL SESSION ORDERED.
On the 10th inst the Mayor wrote to the Governor
declaring his belief in the necessity of an extraor
nary General Term as the only means of rescuing
municipal affairs IRON, confusion and disas-
ter. The Governor took the papers and
the 18th promptly issued his notice ap-
pointing the extraordinary General Term OF
Of section g. chapter l. title D. part of the Revised
Statutes. The judges designated by the Governor
Oh the 18th were the regular justices OF the supreme
Court, General Term, OF this, the First depart
ment. But owing to the illness OF Judge ingalls,
Judge Barrett was substituted in his place
notice of the congregation of the court
given until yesterday morning. The application OF
anal Judgment was asked for or expected. The re.
lief requested was granted until Thursday next
upon which date the argument upon the main
question will commence. There is no likelihood
OF decision during September. Upon the papers
presented the Court may give one of several aterna
tive decisions IL may agree fully with the Execu-
tive that the Police Commissioner proceedings are
not renewable in court ut all; it may hold that
although they subject to review there occa
sion in presented or the Judgment may be sub
stantia confirmation OF the position that the Mayors
course was wrong and his removal void. Within
the lines Of these main questions many other
minor upon which the litigation may turn. such
the technical ones. of whether special term at
Chambers has the full jurisdiction OF an ordinary
special term, whether Judge Westbrook could
rightly carry the about with him like personal
property in his carpetbag from one department and
jurisdiction to another In their use OF the remedy
ut the General Term the Mayors lawyers stole
thunder from the arsenal of Mr.. Bliss and
Judge Van Brunt in employing writ OF prohibition.
Judge Van Brunts writ unusual, because it
WIS directed not to an inferior court but to an
officer of the executive branch of the government,
and because the authority for its use found in
common law tradition only, and not in explicit
Mavors Or TINS Of tin sna assd tine
General Term. is explicitly authorized and
described i'll chapter 10 of the Laws OF 1s73 which
Is entitled 'An act to authorize wrts Of mandanus
and of prohibition to issue to the Special Term Of
the Supreme Court or to any justice thereof holding
such term sitting ut CAAnbers.'' This act COM
mences as folows-
SECTION Tho Supreme Court general torn, may
issue wr.s Of nandAmas and Of prohibition directed
ing such torn sitting at chambers and may hear ad
sion In the same with the same effect In ali re-
spsss rs In the like procssd1gs when the wrs are d.
This statute makes tho jurisdiction of the General
Term, over the proceeding Of Judge Westbrook.
from all questions of proprie,y. such as raised
on the OCCASION
WHAT THE Mayors ADHERENTs SAY.
The Mayors friends EXPRESS privately as we'll
publicly, great confidence i'll their cases. both In the
Wheeler and Nichols matters They say that it has
been impossible for the Mayor. hampered by
recent decisions. to remove incompetent officers
or to secure the confirmation OF proper
persons by the Board Of Aldermen; that the
of appointed officers Is essential to good government;
that the proceedings of Judge westbrook have been
only ground for his getting into the case at Albany
in the first place was that the Governor was
sna that sado decision action IN
denying the writ as to the Governor and granting
II Us To the Mayor, was Illogical and irregular.
They also say that he has totally disrcgarded the
practice which has always prevailed at the Special
Term at Chambers. By his order to show
stated. (which could not properly be issued
by chamber court They accuse him also of as
opportunity of rendering decision which he has
already announced before. hearing arguments on the
merits of the
IN THE INTEREST OF ROBINSON
Mr.. John d. Townsend. Mr.. Nichols counsel In
the litigation was found at his residence last even
Df ~;t.
mayed by the prospect of having longer fight be-
fore him than he had anticipated. Being asked for
OF the day. he detailed the history of the SUITS Or
ders and writs down to the latest move Of the
Mayor. He was asked to what he attributed the ur-
gency of Mayor Cooper. shown in the vigorous lti-
CATION. and he replied:-
81 suppose. you aware. that the inspectors
for the election must bc selected some time in
September. AS the Board of Police Commissioners
who select them are now organized there two
republicans and two Robinson democrats should
the decision OF Judge Wcstbrook which was to have
been given on Monday next, have vacNed the judg
ment of the Mayor removing Mr.. Nichols. that gem
tleman would probably have been recognized in the
Board-and of course rightly so-as q Police Com
missioner. and would have had considerable weight
in ereducing the number OF Robinson inspectors.
The Mayor would naturally object to such u result"
''What effect do you think the meeting of the Su-
preme Court to-day will have on the case OF Mr..
Nichols eventuallyg'' asked the reporter.
81 believe that Mr.. Nichols will eventually be
stored to his position as Police Commissioner; but
probably not in time to take part in the selection
OF the inspectors of election" he replied
what do you suppose" asked the reporter,
could have induced the calling of this extraordinary
General Term by the GovernorY'
"You know" said Mr.. Townsend, "that by tho
law the Governor appoint extraordinary general
terms and other terms of the Supreme Court when
ever. in his judgment. the public good may require
1t, and that he may select the Justices to hold
these terms and the time and place where they
shall be held have doubt that the Cover
thought that the public good required the sclec-
tion by the Police Board of those Inspectors of Eec
ton who would do the most To elect Governor Rob-
inson to Office. 1t is impossible to what other
public interest was Mt stake