The New York herald., 1879-09-21
The Governor Takes a Hand in the
Inspectors Of Election Fight.
TAMMANY COMPLETELY SURPRISED
An Extraordinary Court Proceeding
at the Mayors Request.
EX-COMMISSIONER NICHOLS PLIGHT.
The Police Board Deadlock Prob
ably at an End.

The legal tactics which for some time past have
kept the case of Sidney P. Nichols. formerly Police
Commissioner prominently before the public
sumed new and still interesting phase yes
terday before u special General Term of the su-
prone Court. composed of Presiding Judge Davis
and Judges Brady and Barrett, which had been
especially convened to hear the case by
Governor Robinson under provisions Of the
now Code comforting such authority. When
Commissioner Nichols was first removed it was
sidered as involving mere question OF balance of
political power the Police Board but the elec-
ton approaches the still more important question
OF the appointment Of inspectors Of election which
may affect the defeat of political psrtes
arises This it freely stated yesterday. the
real motive which gave rise to the convenng of this
extraordinary session of the Court
THE LAW CASE.
The authority under which the Governor called
this special General Term is found in section
81 Of chapter /. part 8. Revised Statutes sixth
editionl. volume 8. page 20s. and is
follows s-''The Governor may. whenever in
his Judgment the public good shall require
it. appoint extraordinary General Terms Circuit
Courts and Special Terms of the Supreme Court and
Courts of Oyer and Terminer, and he shall designate
the time and place the shall be held and name
Tire justices who shall hold the extraordinary cir
cult. special term, or preside in such Court OF
Oyer and Terminer; and he shall give notice of such
appointment in such manner as he may believe
the public good requires"
NICHOLS APPEAL
After his removal from Office by the Governor on
charges preferred by Mayor Cooper Commissioner
Nichols sued out q writ of certiorari under which
the proceedings in his set down for review
city, to be held by Judge westbrook. If on
such hearing that Judge should hold the
proceedings in Mr.. Nichols case to have
been irregular and void. and that he is still Com
missioner; and If. under these circumstances.
Nichols should combine with Commissioners
Wheeler and French in the interest of Tammany
Hall. the combination might work havoc and con-
fusion in tho appointment and recognition of in
spectors Of election. Mayor Cooper who has
initiated the present proceeding. represented in
court yesterday by Corporation Counsel Whitney and
Messrs. +. N. Bangs. F. Q. Barlow and Henry 4.
Knox, while Mr.. Nichols unrepresented by coun-
sell the application in the Mayors behalf being
made TO the Court parte. The motions submitted
that alternate writ Of prohibition issue pro-
hibiting further action by Judge Westbrook at
Special Term Chambers and prohibiting any
other judge from proceeding to pass Judgment
Oh tu0 IDSuce roiseu " tu0 ToCuru OK t00
Mayor to the writ OF ceftora heretofore granted In
the case of Mr.. Nichos that order issue direct
ing cause to be shown the part OF Nichols
why the application for judgment on the issues
raised by the writ Of certiorari should not be
heard in the first instance before the General
Term rather than the Special Term OF the Court;
also for an order to show why the writ of
eertiorari should not be quashed snspen ded and
TOR stay of all proceedings pending the hearing on
auch orders to show cause.
These applications were based on afidavits Of
Mayor Cooper and Corporation Counsel Whitney as
ID sas % 81 S
!worn P9sos and says rs foows1I am and since the
ssw
sad have mo oSy or Ss
sRs eorpss..ioa the city q New Y@s5 and ands:
The said city the oonsttueney BY whose action my
S sa Ii
& the held Ss ses a e sS.s
q Police Of The Police poparsmsn Of the city Of New
city Of Ssw 9Ssl "d and wsrS
rss sfss: ss ss sSSsS
vas "aorssd to him spposr and heard before
before which the making q sSo
ssS so Ss Ss f
which return u copy is hereto annexed In the month
hs city 70 o SsnT
70 tor IL. 9a S . ns
made to tho SAID Governor reP"t ef The said proceedings
s%
ss
In relation to the said charges and proceedings Upon
iS ss the
% fsa s
been had against tho sais Nichols. either before
called FOR the issue of a writ to tho Governor
@ so %e @scd and ~s directed "s
that should be returnsbio special term o.
the o., Ms%s.y % ss.'G%SsT ss such
or snS to- TO-
law has been made OF any speeS term TO be hold in tho
1870 70 ,Ss .;s.,,. trial Issue:
appellate jarsdcsicn whas.oevcr and tho only assign
appointment Of any kind which has been any
sspemDcr 1879. n and Tor the city and county Now
ss with tho Of
motions and disposng Of Chambers business. Upon
%se s"S "d @ tho
So%pclSd to and did on tho 18th dsy Of septe,aSer s7S
ale In the Office Of the Clerk Of this scurt In aud for tho
he poceedngs had sst1re mo against sns said sidney
" ""''" '''''' rowsa 70 REVIEW
on review tho sad proceedings either at General at
n Is Fl s
bat may be exercised by any other branch Of the
rs. and 'n Of oscw S san be- @
only at a special Torn dnly assigned according
to law to exercise appellate Jurisdiction, or for
tho trial aud OF issues of law aud OF fact
and such revsory aud reviewing Jurisdiction docs not be-
long 20 aud cannot be excred by justice Of this court
s.s" New YORK Within III the month OF ' soSismSsr @
1870 Noverthcicss state that OF the Justices of
this court--vix., tho Hon. I. H. Misunderstanding
az Special Term at Chambers, did on tho 10th
hand when entered Of record u this court
OF which copy Is hereto annexed whereby required
10 show Eau the I'D day OF September 1870 before
him. the said Jusee At said Special Term At Chambers,
why cal cd Judgment IN the the said sid
ney r. Nicho should not bc aud doc Jared null
and void And respectfully show this Court
SAID Special Torm Chambers and the Hon r. H.
wcstbrook have exceeded sher jurisdiction In making tho
snd OF September I6 1879 and to bro.
coed Judgment thcreun aud that the said Mr Justice
Westbrook has also exceeded his Jurisdiction and
thority aud gone beyond the Jurisdiction and an.
thority of this Court in issuing the said Of Ger.
tiorar aud requiring mo to ble return thereto and
hereto append copy OF the papers used tho appca
tion tor tho said writ OF ccrtorari aud also COPY
OF the order authorizing, as TO me- the issue of tho
said writ Of eertiorar and also copy Of y SAID
pulsoiy certificate return to tho said writ
also copy of the said order Of the 10th Sep