The New York herald., 1879-08-10

the opinion that any action OF the present Police
Board in reference to the appointment of inspectors
of election would be illegal. basing their Judgment
upon the fact that by Judge Mestbrook's opinion
Mr.. MacLean's title to his office is questioned The
law provides that in the months OF August or Sep
tember set of election inspectors shall be named.
equally divided between the two opposing parties on
State issues. Those who hold these views regard 1t
q matter of sufficient importance to arrest public
attention in time to avert an awkward predicament
in the operation OF the election machinery.
Mr.. Sidney r. Nichols not in The city yester-
day, having gone to Morticeo, n. Y. to visit his
family, who are spending the summer there. Mr..
burton W. Harrison, who appeared for Mayor
Cooper when the writ applied for. was also
absent from the city, having to Salt Lake CITY,
EFFECT PARTIES
'This last development" said prominent poll
tican, who requested that his name be not printea
lis like the rafting of usHetry along the skirmish
line on the eve or battle between the Iammany
Indians and the pale faces following in the wake
of Tilden, Robinson Company It's elect ex.
tends to the republican party. Within the past
forty-eght hours breach has been. widened
in it as great as that between Mr. Kelly
and Mr. Robinson. Within the period speak
of General Arthur. who was supposed In some
for Governor. has been known to declare that hc
can control more than one-half of the delegations
from this city support senator Pomeroy for Gov
ernor. When this came to the knowledge of the adj
ministraton-F men, led by Sheridan Shook
Judge Dittenhoefer & Company the latter declared
for Mr. Cornell. and confident that they have
majority OF the delegations to the State Convention
at Saratoga from this city. and can successfully
O'Bren & Company. This whole matter hinges on the
Police Commissioners fight. The removal of Gen.
rson (who is in Mr.. Tilden's INTEREST," and
the action OF Judge westbrook in giving Mr..
Nichols the writ OF certiorari, that he may
set forth his case in court. the main Of
this latest the republican checkerboard
Arthur first dictated to his party and then to Cooper
and wound up by striking hands with Kelly. Hence
he is for Pomeroy, while 'the gang are Tor
Cornell This change OF sentiment strengthens
Rooinson's chances both for denomination and re-
election. 1t is positively ascertained fact that
Tilden has majority of eight in the State Cen
tral Committee, which meets at Niagara Falls on tho
This of course places the machinery for the
organization OF the Convention in the hands OF his
friends, and gives Tammany Hall fgurative blae k
eye at the outset. I expect to Mr. Robinson
nominated. Ii Cornell should win in November you
will And the name of Fenton on the slate for United
States Senator in tho place of Mr.. Herman. II
Iildens friends organize the Convention Mr.. Kelly
and his fellow delegates will walk home and light
the logs under the political cauldron. The control
of the Bureau OF Elections is indispensable to them.
More than before. Hence you may perceive
that the Police Commission is the pivotal point on
which the political plot will unfold"
NICHOLS COUNSEL.
Mr.. John ID. Townsend, counsel with Mr. Aaron j.
vanderpoe for Mr.. Nichols, had just concluded the
perusal of Judge Westbrook's opinion when the
HERALD reporter called.
al have just been reading the opinion in the
HERALD" he said ut is the first knowledge had
of the grounds on which he grants our application.
observe he quotes generally the same authorities
which did on basing our application"
'When will the writ be served?
s'Ihe writis here, for that matter. AS originally
prepared it included Governor Robinson with Mayor
Cooper it's operations. We have to amend in that
respect as directed by Judge Westbrook, making
Mayor Cooper the sole respondent. We shall for
ward it in blank to Judge Westbrook. who will fill
in the date tor the return the and sign it.
Then it will be sent here and shall serve it upon
Mayor. That cannot be done before next week.
and several more days VIII elapse before the order
is returnabe. Upon the return of the writ the argu-
ment will follow. II, after our hearing on the
writ. the Judge should decide that Mr.
Nichols had been improperly removed or that no
hearing had been had ana application for a stay
of proceedings had by the Mayor, shall. Of
seat Mr. Nichols. But if the Mayor should obtain
stay of proceedings it is impossible to say. when
that IN uch-t -be-oesred event viii take place."
MAYOR COOPER NoN-coMMIrrAL.
Mayor Cooper turned around in his swivel chair
and bowed politely as the reporter entered his office
about obtain his views If possible. about the
Nichols matter.
.'iIave you read Judge westbrook's decision. Mr..
Mayor? the reporter asked.
'l glanced it,, the Chief Magistrate responded
dryly:
sci or Mr.. Burton N Harrison. may ASK? p
'.when am served shall leave the whole matter
| cuss the legal bearings of that question now.'
co rPoRATIos COUNSEL WHITNEY SPEAKS.
Corporation Counsel Whitney found i'm.
mersed among huge pile of legal authorities in the
Law library. the top floor OF the Post Office build
ing. In response to an inquiry as to the probable
course Mayor Cooper would adopt in OF the
decision he said
II have read Judge westbrooks opinion. but
have had time TO consider the matter. l
very much engaged il the consideration OF another
question:.
| ..WIl the Mayor appeal?"
81 have not made up my mind as to what course
to advise. When the order is made and served then
shall decide what steps take. Will probably
! be three days yet before anything is DONE"
! Mr.. Whitney called attention to the following pas
sage in the opnion.-
writ certiorari, which allowed. enables the
and whether the removal was legal or otherwise to issue;
Its simple allowance decides nothing. except that the
ment by the tribunal OF ultimate resort"
'The next step in the NATTER" said he. twill be
the designation OF day by Judge Westbrook ci-
recting the Mayor to make u return. There will
then be hearing of counsel to the legality of the
Mayors proceedings, and whatever the decision
that point might be appeal would be taken
to the General Term OF the Supreme Court and from
finally settled Mr.. Nichols position is unaltered.
and there can lie no legal proceeding by which he
can reinstate himself as member Of the Police
Board
JUDGE wEsrBnooK's DECISION REVIEWED
gentleman who is esteemed high authority on
questions OF charter law said:-
"The exact scope OF Judge Westbrook's decision is
accurately defined by the Judge himself. in the
following sentences The question which this
motion presents is. Ought the certiorari which.
il allowed, enables the courts to decide what
power. if any, they possess in the premises. and
whether the removal be legal or otherwise to issue?
1t them according to the Judge himself, that
his decision does not even assume to decide that the
courts have power In the premises. Even that pre-
limnary question is a question ior future determi
nation. lie whole effect Of the decision is to let Mr..
Nichols into court What will happen when he gets
there is entirely another question. and ii is foolish
to anticipate any fnal result in the case favora-
bic TO Mr.. Nichols. merely because he is to be
permitted to come into court to prove his right to
ltigate at all. am told that the Mayor will appeal
ffolu tuc ofucr or Judge NestDrOOk 1T SO anu the
appeal should be dismissed 1t will he q long time
before the is heard on,its merits at ALL At all
events there is nothing in Judge Wesbrook's paper
upon which TO found any hopes that Mr. Nich hols
Will soon obtain possession OF the Office. Judge
Westbrook's view that removal for cause
quires that all the facts circumstances
going to make up the should DO
judicially proven and adjudicated seems to me ex-
treno. He admits tnat Mr.. Nichols position i'll this
matter does not diner from tnat vi any Irregular
clerk" or permanent ernploye nos hired by the day.
II office holder could be removed for cause except
after prolonged iuil trial, do not how the
OF the city government could 90 Either
movals for cause would practically cease
nicipal machinery would become simply
system of complicated trials 10 the exclu-
OF all other business. alternative
neither branch of which eau have been contemplated
by the irs iners OF the charter The Theory that
nioval IL punis shment involving partial disqualified
ton and. therefore, cannot be effected for criminal
acts except after Indictment, which Judge West
brook favora, seems 90 perncious An
cfdccholder is not merely citizen but servant of
La OIl lcAlQller be uc.