The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-08-13
How Shall the Ex-COmmiSSiOnerS Act
w Toward the New?
VIEWS OF A COUNSEL.
General Smith Advised to Hold
Z On and Over.

Albany on Monday to receive Judge Westbrook 8
signature At the Office of Mr.. Townsend. who is
absent at Lake George. nothing could be ascertaned
as to the probable time of the service Mr.. Weed 3
whereabouts. HERALD reporter called at the
Mayors Office late in the day and found the Chief
Magistrate in pleasant mood.
az have heard nothing of the writ" said he in
response to an inquiry the subject. ~ am here
ready to be served. but am still waiting. When
am served shall refer tho whole matter to the Cor
poration Counsel"
There is rumor. Mr.. Mayor. that some other
legal resort is contemplated which accounts for the
delay" the reporter remarked SUCCESSFULLY.
II know of legal resort that is possible for them
to take until the present writ il served and acted
upon" replied the Mayor
'.It is perfectly absurd" remarked Mr.. George H.
Purser who sat at the Mayors side and had listened
to the conversation. "for them to claim that they
have any other legal before the writ is acted
upon or for General Smiths friends to talk about
that gentleman walking back into his seat and dis
charging The duties of Police Commissioner. It's
all bosh for them TO talk about Mr.. Morrison being
an intruder It's the desperate resort of desperate
men who find themselves driven to the WALL
'If had any information to impart on the sub
ject the Mayor remarked. pleasantly turning to the
reporter. AZ would gladly impart it, But am in
tAo PositioA you uIcs all waiting ZOE cVeutS
to happen"
The Mayor left his Office after for his coun-
try seat at Mamaroneck. where his friends presumed
he would be safe least for one night from bores
and writ servers.
GOSSIP OF THE POLITICIANS.
The politicians kept up lively gossip last even
ing over the events which have engrossed public at
tention during the past few days and specialized
about the future. General Smith,, said one active
Tammany politician, sis in Vermont, whittier he
went to escape the heat but have good reason to
believe that his counsel has sent for him to como
back and resume the discharge Of his duties at Po
lice Headquarters. his counsel claiming that under
the Westbrook decision he is still Commissioner
and that Mr.. Morrison is but an intruder. II Gen
eral Smith should act upon that advice there are
lively times ahead"
II have good reason to believe" said ex-senator
Luke +. Cozens, the leader of the Young Mems Dem
cratic Union, THAT the Tilden interests TOR
Comptroller Frederick p. Olcott for Governor, the
only way out of the difficulty. know of my own
knowledge that they have been sounding prominent
democrats throughout the State to Mr.. Olcott's
availability and popularity. Mr. Tilden's friends are
also taking great pains to declare that removal
OF General smith was movement on the part of
Governor Robinson that WAS not only without the
knowledge OF Mr.. Tden. but met the latter's heart
lest disapproval. Matters, as they stand.
fully mixed, but am strongly of the belief that
during the interval of month between the meeting
OF the State Committee and the convt ming Of the
Convention wiser counses and cooler heads will
shape way out of the difficulty by the selection Of
new and unobjectionable name"
II hope" said General Spnola. "that some such
man Olcott will be taken up. Robinson is ont of
the question. Tammany Hall could take other
stand than the one she has assumed after what has
happened. IT Robinson is nominated the republican
candidate for Governor will go to the Harlem River
with 100000 votes. There is now too much ut stake
to take silly chances We have President to elect
and q United States Senator next year, and u good
many people seem to lose sight OF the last fact"
''Yes," said ex-Alderman Henry d. Purroy, who
stood by, Robinson had no right to expect any
thing at our hands. and would have wrecked our-
selves as an organization if had taken any other
course than the have followed. Let them 80
ahead if they think they can get along without ram
take"
Taminany Hall in the evening, busily engaged with
the representative OF the Erie Railway IN making
arrangements for the transportation Of the Tam
many braves to Niagara Falls to attend the meeting
OF the State Committee. In response to an inquiry
Mr. Nichols said:-
81 know absolutely nothing about the writ. do
not know where Mr.. Weed is l know that ne left
New York for Albany for the purpose of getting
Judge WestbrookS name appended to the document,
but whether he has accomplished the result OF his
mission has gone to Lake George to consult with
MIR. Townsend am unable to say. am surprised
that have received no despatch from either Of
them
WHAT GENERAL SMITHS COUNSEL SAYS.
Mr.. W. o. bartlett, senior counsel for General
William +. Smith, found in his office yesterday
morning, quietly reading the HERALD aud gently
tapping MS torehead with the small end OF large
ruler In response to a question concerning the
whereabouts OF his client. Police Commits sioner
Smith. more generally known by his army sobriquet
of "Baldy," Mr.. BARTLETT sad:-''There Is no con-
cealment as to General Smiths whereabouts. had
letter from him few days since, written in some
itttsplace in Maine Since then he has gono to
Salisbury, VT. He left solely on account Of the
effect Of the excessive heat his health. have
doubt he viii be back in very short time
Ihen there was no thought OF concealment or
evasion of service?
"such thing avoiding the service OF papers
never occurred to his counsel or himself. They
not standing in this matter on mere technicaities.
what do you think of the generality"
well: General smith was duly. appointed to the
Office OF Police Commissioner. Nobody questions
that. And his term of Office has not expired. The
Supreme Court has made recent decisions in
similar case which determine that General Smith
has not been legally removed from his ofice There
fore he is Police Commissioners STILL
''what then do you advise hiinT'
II shall advise him on his return to resume DOS
session of his Office and the pert his OH
cial duties. shall not advise violent undig-
prene Court bc still holds the office of Police Com
missioner, and IL will be very foolhardy the part
his Office
But if no can't get imp
"Ah, well. If Mr.. Nichols and General Smith are
not allowed to enter the rooms appropriat ID to
them they can meet elsewhere, and anything that
two Police Commissioners can do they lawfully
perform. You see the parties tho other side arc
hghtng against the law aud, It seems to me- with
very poor prospect OF success.
"Where did you say General Smith isY
elm Salisbury. W."
'And you expect him back soonY'
al am tclegraphing him to-day to that effect"
How will this programme OF yours affect Commits
sioncr Morrison?'
'.If Nichols and Smith still Commissioners, and
have rights in the Office of Police Commissioners.
clearly MacIoan and Morrison have none"
Are all their acts ilegal?'
'ics, all official acts their part Police Com
missioners, are unauthorized. This condition of
things will raise many grave questions as to the
legality Of the proposed appointments of inspectors
of elections"
'.Tsn't Mayor Cooper badly hampercd by these de-
cisionsy'' 'f 'tt sf
All he has to do is TO be guided by the law
80 that he must give all these people trial?"
well. that's tho fault of the charter. The HERALD
to-day is In the right OF the matter regard
defective city charter
IL ~ evident from the sturdiness of General
Smiths friends talk that there Is fun ahead, IL
sharp and hand to hand contest in overheaed court
rooms can be called "fun." The calm and deliberate
utter anccs OF Counsellor Bartlett point the game
direction, and the arrival of the deposed Commits
sioner IL awaited with the greatest anxiety. Com.
missioner Morrison and his friends make no secret
OF Their Intentions MIR. Morrison IL there to stay
until his term expires. and as no has physical and
literal possession OF the room, aud has been recop-
x,1 u,.lx .t,I. n