New-York tribune., 1879-09-17
POLICE BOARD QUALIFICATIONS.
TIE CASES IN LITIGATION.

TIE CASES IN LITIGATION.
TIE MAYOR REQUIRED 10 SHOW CAUSE WHY JuDG-
MENT SHALL not BE GIVEN TO MR NICHOLS
HEARING IS HE WHEELER CASE.
The complications in the case of Commissioners
Nichols are not yet cleared up John ID. Townsend,
his counsel obtaInod Yesterday from Judge West
brook, ia Supreme Court, Chambers, AN order 10
snow cause why Judgment should not be given Mr.
N hols declaring null the act of The Mayor in re-
moving him. This application was based upon the
ground that the Mayors return To the writ of GER
torai had not been filed in time to allow the notice
OF motion in the case for the third Monday Of tins
month. II was averred that if the Mayor lad
obey,d the order of Judge Westbrool, directing
the return to be filed September .. there would
have bcen time for the notice OF notion.
As thc case stands at present. the struggle on the
part # Mr.. NIchol-s counsel is to have the argu-
men. on the merits heard by Judge Westbrook, at
tuc present term of the supreme Court in this city
Oue obvious reason for this Is that Judge Wosbrook
has already rendered one decision that was favora-
he 70 Nr. Nichols, so far ms II went. On the other
hand the Mayors counsel, +. W. Bangs and Cor
poration Counsel Whitney, think that this is suiil
ccnt reason for Them to seek have the passed
uron by somc other Jud ee. Most OF ihc many or
Ocrs countcr-oidcrs aud stays have arisen iIom tins
cause.
The contest stands Mt present in this form: The
MaYOTs counsel seek TO have the argued before
Judge Landon, at Schenectady, on tic Motion made
10y fhem tO have the wit OF ceriioiar quashcd ~
superseded. YESTERDAY was the time named for the
hearing bat Y consent o. counsel II WAS ldJ uurucd
uYti next Tuesday. Mt. NicholSs counsel have
obtained the Order mentioned above and II Is made
rcturnGhlc next Monday, one day before the hear
ing at schenectady. Unless. Therefore, some new
phase of the case appears. or an adj uurnment Is
taken, Mr.. Nichols seems to have the advantage III
this particular.
ne dseSa Of Wsy ndsG Van g nrgat +, N the the case
Vortant respect the case Of COmmls sioner Nicl-
Ois. The Mayor has maintained throughout
the contest auG reiterated his claim IN hs return 30
tine vrit of c0riOrar that the courts have no Igh.
10 review his action ~ removing The COm.nission-
crs nut that the final adjudication upon such mat
| tefs Tests with the Governor. Judge Van iIurPs
dccs O. l,s NTecty the contrary The Ia! i
| aud GorrTuor &c not the sole judges nf the sui-
cheney the cause for removal, ami that power 90
! review mir action exists. Mr townsend SAID
yesterda' 'hatJudgc Van Biuut accession Aprcssed
theiT p0sidon upon the point IA as strong tO:m as
! they could desire
Tie decision cnioincd the Mayor from taking any
further action looking 10 the removal 0l CumInls-
sOner Wheeler lho adjourned h-allng before the
| Mayor which SCI down for yesterday. was =
i0uncd until Scpica bcr 80. An appeal VIII Doubt
! less be taken 90 the General Tom. The clect oi
tae decision VIII he t. prevent the Mayor from
moving for cause any head Il the CITY department
! who holds over" because bls success or has rot
! been appointed The only way by wh,c1 such an
officer can be Ou-ted VIII be 10y regular appointment
ratified by the Board of Aldermen lc could. how
| ever. she indicted and convicted If pIopc, ease
/ existed The decision was commented upon by
lawyers yesterday as a l0rcible and strong one.