New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-05
cided there the Mayor will perhaps have made up
his mind to fill tho Office in the legal way"

proposed to reverse the proceedings in Mr.. Nicholas
case. and try tho right of the Mayor to remove.
have no doubt" be said. " that the Court will de-
eide that Mr.. Nichols was Illegally removed ana
will soon reinstate him, rs he was not allowed
the right of counsel-a right granted Dy
the common law from time immemorial'
service of writ of prohibition Is not
often resorted to- but there have been some notable
cases. In the trial of Commissioner Erhardt before
Mayor Ely, we had such writ ready TO serve II
there had been an attempt to SEND the removal pa
pers 10 the Governor. In Mr.. Nichols case ne hau
not the same grounds for issuance OF the wrlt De-
cause he was not holding over, but he should haNe
got ont an Injunction when lie was feiuseu tno
right of counsel"
BRIEF PROCEEDINGS.
The Mayor remained in his room long time, ana
the counsel began TO got uneasy waiting. Commits
sioner Wheeler came in at the door, and remarklng'
at is too hot to stay here" went away, his counsel
telling him he would not be needed. " guess we
had bettor send word 10 the Mayor that we are
ready to be put out" remarked Mr. Bliss. to which
the other counsel assented. Mr.. Morrison was
asked to inform the Mayor that the counsel were
ready 10 90, but that thev did not want to show
disresrect and 20 without informing him. Mr..
Morrison rather demuTred to carrying IN the mes
sage, but he finally did so. In the meantime, INC
Mas oT's private Office was very busy scene sew
eral messen gers hurried away for Corporation
Counsel Whitney and other attorneys while law
books were sent for, aud Colonel Tracey secretary
Morrison and other attaches seemed 20 be deep i'll the
mysteries of Blackstone and his followers. me
Mayor finally appeared with +. n. Bangs as coun-
sell He seemed to be nervous and spoke with hesi-
tation.
counsel for Mr. Wheeler.
Mr.. Bliss-les
The Mayor handed to Mr. Bliss communication
in writing, as follows: . -,
mir. Bliss, have been served with writ when
am advised prevents me from deciding this case
or removing Mr.. Wheeler. until the further order
AZ I ba I'm If
client from exercising any privilege OF beng heArd
either personally or by counsel, and which privilege
have given you under the law, and when pflVl-
lege il you wish, you can exercise to-day. III you
do not wish To be heard, or If you are hearq, then
of course, after hearing, or at your option, 1 snail
IN obedience TO the writ, deslst from further pro-
ceedngs until Tuesday, August IL, 1871 at p M
at tuis Office; and then, If no further order OF the
Court has been made shall deslst for such further
period as I shall then and there announce"
Mr. Bliss in reply. said: I'VE are here merely
for the purpose of seeing that writ of prohibition
granted by the Supreme Court is correctly ana
properly served upon His Honor the Mayor. We
have no further rights than that, and make no fur-
ther answer than that When It shall appear t1at
the Mayor Is authorized under the law TO proceed,
presume that Mr.. Wheeler will either appear here
himself or viii authorize some one to appear here
for him."
DISCOUNTED POLITICIANS.
The Mayor and his counsel again retired, and the
room was soon cleared. more Disguised lot Of
politicians than were gathered in the room in the
basement with Maurice j. Power is rarely to be
found, even on election night. "Our only chance
now," said one, lis to remove General Smith ut
once before they can appoint inspectors, and then
we will have half the Police Board, and demand
half the inspectors"
The law provides that four inspectors for each
election district shall be appointed by the Police
BOARD :" in the month Of August or September"
Two of the inspectors IN each district the law says
shall belong to the party in the minority, and the
members of that party IN the Pohce board Snail
-, nj Inan w
give Commissioners French and Wheeler the sole
power 10 name two Republican inspectors for each
election district, while the majority OF the Board or
Police will have the naming or the Iammany In
spectOrS a.. -,
send the papers in Commissioner WheeleTs case to
the Corporation Counsel and take such other steps
as were necessary to protect himself 1t is Thought
that an effort will be made to have the writ DIS
solved by some other Judge than the one who ls-
sued It, but 1t is not believed that either can he
done, or the time iii which ii Is made returnaDio
shortened. ,
A group of Anti Tammany politicians were gath
cred about the Mayor late In the day. You should
have Smith removed at once" remarked one, and
then turn out French, and as they are not holding
over, no vrIts could issue in their eases, ana we
would get control of the }oard" " But what has
French done that l could remove HIM on Y asked
the Mayor "Oh, you eau find something that will
do" was the reply. AT tins the Mayor turned nus
back and went away, whether IN doubt OF disgust
Il have no doubt Of the ISSUE" said Assembly
man Strahan last night. " We III the right, and
the Mayor cannot get any Judge to dissolve that
hearing before any Judge Will make II permanent
There has been some question about Judge Van
Brunt beng Supreme Court Judge lie IS, OF
course. a Common Pleas Judge, but he was ap-
polpted by Governor Illden 10 SIT IN supreme
Court Chambers, and Is invested with the tuil
power Of the Supreme Court
THE WRIT OF PROHIBITION.
The following is a copy of the writ served on the
Mayor and the affidavit and other papers:
The people Of the State of New-York 20 Edward
Cooper, Mayor Of the CITY Of Nev-York, greeting;
Whereas Dewitt Clinton Wheeler has lately III our
snureme Court before tue Hon. Charles II. Van Brunt,
Justice of the Court OF Common Pleas, appointed by
The Governor 10 bold special terms Of the Supreme
Cont como aud given I'm the said Court 10 understand
and DE Informed that you on or about the 3lst day OF
July, A. DI1s79, did call upon the said Dewitt G.
Wheeler TO show before you the 4h OF August,
1879, why no should not be removed from onice
as one OF the Police Commissioner OF tho City
OF New-YoIk. ana IT. appearing mat you
question of his removal or to remove linn In or upon
proceedings pending OF under me ohsfRes hereto
fore preferred against him. and tbatsyou are about 10
exercise power beyond and over which you nave ne
Jurisdiction, and that your proceedings VIII be Illegal
and void; nevertheless you, the said Edward Cooper,
well knowing the premises, yet contrviRg the said De
Witt c. Wheeler unjustly 70 agg1eve and Cypress by
proceeding determine aDd render decision In the SAID
| matter, and 70 remove the sara DsWlt y. Mhseler
FROM Office Police Commissioner Of the CITY OF New
nOrS, ~ Of our state TO tue manifest damage and
grievance of the said Dewitt c. Wheeler; and where
Gnrt hath mmbly PRAYED relief and writ OF prohibition
n that beha-We therefore, being willing that tue laws
aud customs OF our salo STATE sbOua Do oVseNeu ana
bst our good and faithful citizens should b. III wise
do prohibit and finally cnjon you that you DO
not in any proceed concerning the premises DO
fore YOU or attempt, presume 10 attempt to deter
mine this said OF removal OF the said Dewitt C.
%eser ihe or sa G Dewitt G Wheeler because Of
| the said charges against him, until the special
| term OF this Court. 10 be held IT the Court
House in City of New York, on the third Monday OF
August 1879 at ~ O'Clock, noon, OF that day. and until
further of the Court thereon and that you
then before this Court why you should not
be absolutely restrained from any further proceedings
| in ne IN
Witness The Hon. Charles III. Van Brunt, one of the
| Justices Of the Court. ct the City Of New-YOfk