The New York herald., 1879-08-05

composure and stereotyped snie--
ave are here merely for the purpose of seeing
that writ of prohibition granted by the Supreme
Court is correctly and properly served upon His
Honor the Mayor. We have no further rights than
il shall appear that the Mayor Is authorized under
the law TO proceed presume that Mr. Wheeler will
either appear here himself or Will authorize
one to appear here for him.
Colonel Bliss then slapped on his hat noncha a.
lantly and walked out followed by his legal cohorts,
while the Mayor quietly said. 1.-The gentlemen who
are here this need not wait any longer" and
this ended the brief proceedings.
COMMISSIONER wHEELER's AFFIDAVIT
The following is a copy OF Police Commissioner
Wheeler's affidavit upon which the writ of prohibi-
ton granted
Supreme Court Of 1e STATE Of Neo York. city county Of
Dewitt 9 Wheeler, being duly sworn says:--
pointed Police Commissioner OF the city OF New York
AL a aS by % sf % sssse Of w. s
Of office as such Comnissioner would become expired
upon the discharge Of the duties of such office
such Police expired on The said ist day Of
May 1878 but no person having been appointed in my
by the od Of sh my fern OF oes have ever since
and provided aud have since said
day of May ss continued to discharge tho duties Of
shall be appointed and qualified No has
York to mi .ns & et ey ,he OIL my
Be " thu % within ts aa
after such vacancy occurred. a, ,.-a
copies of the copy OF which annexed hereto
marked G to hs Of the
about hafpast nine in the evening of the same day,
Of the said papers was served upon me at my ros
am informed and believe that tho said Mayor WILL
unless restrained oy this Court prSceod
remove mo frSm Office or TO, TO declare me re-
the 4th day Of August 1879 Notwithstanding that
%nsandng n that the socad charges the
papers marked indefinite. vague
required bylaw to be given before ,ns removal ots
so-called charges wholly false aud untounded, and
Notwithstanding that the called charges constitute
tho ground Of my belief Of the allegations contained
things, the following facts
o. or o. ne En- Sy Of Msrs % s cs ssd
s hs y Of sw Ss and s then h aa
q his Term of office to show the lsth day Of
ws ss the Ss
and declared that he had right and authority
his of office and without nominating his
o." ss sqd 'as srS
OILS then Police Of the city Of New York to
should be removed from Office The said Mayor then
said Erhardt Smith and Nichols, Police
entitled TO be heard by counsel IL t tho
charged against them or to haye proof thereof or
upon refused to allow them or any Of them
5o heard By counsel and when as
Police Comm mssioners ordered the police officers in
from the room refused said Commissioners such speci
cations proof and evidence and 50 far as in him lay re-
denco That thereafter the Governor of the State having
delayed action upon such removal the said Erhard the
Mayor proceeded accordance with law nominate
TO sad EIrd ana saeh was there
to the said Office:
@ wo M & ON ahe h sae s
jcct by Board Of Police tho day. but
s the second and OF series OF resolutions adopted with
liable to cause false idea Of tho action Of the board
The whole OF the said preamble and resolution is annexed
There adopted by the Board Of Police and remain
other regarding the matters referred in the
w % IL @ % %heS
other resolutions are anne xed hereto and marked o.
paper marked utterly false and without any
and that no and no exists or
me the odium of accusations and pretended re-
ana rights OF defence which the constitution and
purpose can DO subscrvcd by my other way
than thar whsh the law I'll app9nnsns of my
say that the only eest ot the proposed pro-
tered rights representatives, Of people city
Of Now York 70 Introduce confusion and do great injury
litigation and uncertainty to the title
cgay f for alleged offences Which never co%mted
and wtheu. such opportunity Hr as eysry citizen
Subscribed anu sworn to before this 18th asy. of
sapreS.e aoart, csty aud County Of Nee York
Elihu Root being duly sworn. says that no application
sought on tho above ilidavt of d. W. G. Wheeler.
TO
KUSzMASS. Notary Public, New York county.
Appended this affidavit are the statements
ferred to, the points OF which have been published
from time time. The resolutions passed by the
Board OF Police to purchasing uniform materials
also appended. They date from May 1865. to
April 1878, and designate the persons from whom
these supplies should be purchased and the rules
governing the same. Details of such proceedings
have already appeared i'll the HERALD.
PRoIIBIroBY WRIT.
Following is u copy of the writ Of prohibition
issued by Judge Van Brunt:-
People tho State of New York Edward Cooper
Mayor of the city of New iorx. grectng:-
Whereas Dc Witt Clinton Wheeler has lately in our
Brun Justice the Court of Common Pleas appointed
BY the Governor TO hold Special Tenn Of the supreme
be informed that you on or abont the 3st day Of July.
show causo before you on the 4th day of August D.
@ s T s %qs s BE e si c SS or * and 81
appear ng that you have no right or jurisdiction
heretofore preerred against him and that You arc about
exercise power beyond and over which you have
jurisdiction and that proceedings will be illegal and
knowing the premises contriyng the said Do witt -
Wheeler unjusty TO aggeve anu oppress ey proceeding
TO the said DO Witt O. Wheeler from ohce po.
against the laws and customs of our state to the man
Wheeler: ana wherefore said Dc Wit G. wheeler nnbv
implorng in said court hath prayed relief and Art of
We therefore, being willing that the laws and eustoms
and faithful citizens should be in oppressed
prohibit and finally enlon you that you do not in any man
tempt determine the said matter
OF the said De Witt q. Wheeler to give
decision thereon, the said Dc Witt Wheeler
said against him until the Special
Torn this Court TO be held tho Court House, the
of New York the thd Monday of August 1879 at
twelve O'Clock noon of that day, and until the further
dor Court thereon and that then show cause be-
the Court why you should not be absolutely
strained from further proceedings in the aoresad
premises, and have you tncn and there this writ.
Witness the Hon Charles H. Van Brunt. Of the JUS
tices OF the Court the city OF New York August 1870
By the Court.
HUBERT O. THOMPSON, Clerk.
This document was indorsed follows:--
The People ex rel ID. w. q. Wheoor against Edward
Coopor Mayor OF the city of New York. Copy writ of
prohibition. Allowed la open court August 4. 1879
T. H. Van Brunt Justice. Eiihu Root, Attorney for
Relgtor 10 Broadway George Bliss, OF counsel
THE CASE BEFORE CORPORATION COUNSEL.
Mayor cooper asked al hve O'Clock in the after
noon II wished say any hing relative to the pc
culiar change brought about by the tactics OF Mr..
Wheecrs counsel. He replied that he would send
all the documents to the Corporation Counsel to-day
for his opinion and action and that he had nothing
fu u the subject "A