New-York tribune., 1879-09-16
TIE NICHOLS CASE.
ARGUMENT on TIE MOTION TO vACArE JUSTICE
LASDON's ORDER-rHE MAYORS RETURN TO
TIE MRIr OF CLRrInRAII.

ARGUMENT on TIE MOTION TO YACAfE JUSTICE
L,ypoS's oRDFR-ruE MAYORS RETURN To-
THE WRIT OF cERrIoRAa.
The counsel for Mayor Cooper and Police
Commissioner Nichols were again Supreme Court
Chambers before Judge Wesbrook yesterday, for The
argument OF the order TO show cause why the morOn
returrabe before Judge Lancon at Schenectady TO-
dnv to quash superscde the writ OF cerorar IN te
case should not be vacated. Mr. Townsend. counsel og
Mr. Nichols said that the only point 70 which Ao wished
especially To direct the attention OF the Court was tho
furty Of going to Schenectady 10 argue motion when
all the parties aud the counsel lived IN this city st.
If the Court felt that 1t In such position that 40
would prefer that tho argument should b. had at
Schenectady, they were willing 10 10 there. Mr. bangs
said that practically the application for order
10 enion the Mayor from making certain motion IN
court lie bad hesitation IN pronouncing unprece-
d,uted Why should the Court say 10 the Mayor-who
was no common sutOr but the representative OF an
Imperial cIythat he should not come into court AMI
respectfully state his case Tne supreme Court the
counsel con tnued does not want to decide In advance
that a suitors motion Is improper assume that the
court at sohouectady VIII pronounce upon the law ~
Justly "a your Honor Upon what ground, then. can the
Application madel II you should say tSat We cannot
20 INTO court then the courta Schenectady can say
to the other side: Don't you 70 open court az
New-York.'"
"The Court" Mr.. Townsend responded can take
into considerations "a well the imperial character OF
the Mayor the rights Of counsel aud 0f tho parties We
don't zee anything to De gained BY goiEg 10 science
tady." We don't want 10 be prevented II We want to
so," said Mr.. Bangs.
Judge WestO-oOk remarked that the public Interest
demanded a speedy adjudication Of the whole matter.
II the counsel would confer together he Thought they
could agree upon some arrangeme that would be
mutually satisfactory in tle meantime he would let
the motion stand. Mr. Bangs Insisted upon disposl-
tlon Of the motion. lie snid that nasmuch IL Honor
had already Indicated IN decision bis opinion OF the
merits OF the case It natural That their side should
desire 10 argue the ease before another Juage.
as Il was natural that the other side should desire 10
keen IL before him They would be satisfied To acc p
whatever decision Judge Westbrook might make. but
thsy wanted a decision. Julge WestDrook inquired u
the Mayor had yet filed his return Mr. Bangs answered
th,tit would be fled within . few minutes. judge
Westbrook reserved his decision and took toe papers
TIE MAYORS RETURN.
The return Of the Mayor the writ OF cerorar was
fled in the County CerKs office IN tho afternoon Mr.
Townsend. after examining the document. told tho
Court that lie s5tished with H. Judge Nes,brook
remarked that lie supposed the ng of the return set.
tied tho quos of Of the cause being IN this
district .eturn il long and includes history o.
tho entire case from the Mayors point OF view, and
gives at length his for the removal of Commits
sone Nichols Tho most interesting portions are given
below The Mayor protests with the utmost respect
for the Court that he is not ansyerabe to IL IN ts
proceedIng and that the power OF reviewing and ap-
proving or dsapprovpg OF hs acts Is yesed solely In
the Governor About April ., 1879 the Mayor says, he
transmitted the Governor the history OF the proceed
,nss against Mr. Nichols and the record has been
RENTED to him. The remainder OF the return is sub
stantiliJ as followsi
"There "a no branch OF the Local Government whose
administration more closely touches the people than ,u
that OF the snenSe,, nnoS iSs d.cnI,ns
and eciency OF the forces tho eectons held In the city