New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-09-22

ordered Judge Westbrook and Mr. Nichols to show
cause why a writ of prohibition should not be
issued restraining all further proceedings before
Judge Westbrook at Special Term. Tue result VIII
be that however the litigation may finally result Mr..
Nichols will not lie able to get back into the Ponce
Board in time to vote for inspectors OF election.
THE DECISION AND THE RESULTS.
PROCEEDINGS IN TIE CoUET-rALKs WITH CooN-
Sell AND POLITICIANS.
Governor Robinson, by his interference, has
worked sudden and remarkable change in the state OF
the controversy over the position OF Police Commis
sioner which Mr. MaeLean now holds. and which MT
Nichols is seeking In the courts 10 regain the cover
nor convened an Extraordinary GencrM ier"
of the Supreme Court on Saturday morning " VA
able The counsel OF Mayor Cooper toappy Tor an
straining Judge WestbrooE. sttlng In opeeia
any further judicial action IN Nj NlchoiSs c'se' Inc
rudes named by the Governor were Moan DAVIS fie
siding Justice, Justice Brady ana Jusuoe ihs"S' Du
ON account Of the illness OF Justice ius''S '"s'0
BARRETT wa designated In its place Ihe appointment
of this General Term had been Welhept secret anu
very few persons OF ts session until AFTER IL ha
adjourned The applications made were ex-pare' ana
rho only LAWYERS present wero the counsel Tor the
Mayor Messrs Bangs, Barlow. Knox and corporation
Counsel Whitney. The relief asked for was IN the IAN
mace Of Mr. Bangs, some action the part OF the
General Term which Will restrain what We
are advised Il, ana ltsaru aS' ""'"'"OA"-N
and extra-iudclal action on the part OF the
snec,oI Term at Chambers. being held
FOR the hearing OF non-enumerated motions and Chan
bers business" Alternative relief WAS also asked fori
that the Court would direct that the writ OF cerora
issued by Judge Westbrook. should DO heard - In the
first instance at General Term. An order to sho"
canse st q General Term why the writ should not DC
ouashed or superseded was also applied for
The Court listened Messrs. Banqs ard Barlow upon
the application. Tue former, In conclusion after eA-
,,lau flp
asked that instead Of beng compelled TO go
TO single Judges OF the Court tor stays ana then being
obliged 10 go before another sngle Judge OF we o.'.
upon application 10 vncate those stYs ee S"r' ~
General ferm would at least. II u denied al other re-
lief. make mandate which would Do refpre.ea ~ a., az
branches OF the Court requiring Tue proc euvs VI ,
REALTORS aud the judge sitsng at Special Term 70 a""
the determination OF the npysIs r me Judges was
onnouneed by Judge Davis lie said that they consii-
Sterran,nc The question whether there should be
writ OF prohibition on An eX-parte tppnsaii1n. Lhey
show cause next Thursday morning why Writ OF pro
hbitlon should Restraining al urthcr proceo-
brook was prohibited from rendering IN the nrantHle
any Judgment decision m the matter leave 20 MAKE
Inc oton before The General Term tO Qul1h the VIII OF
certiorar was denied because the cctionr was rrtn-
able al Special Ierm That motion, Jhnse DSNas stu.
VA. matter VI 10 practical Importance. - lAc oiCtf
which We have now made" he said, "Wil bring every
,nsreris oneson which las suggested THIS morn
ns IN Inc ease 10 hearing before the General Term Oh
Thursday next ana he meantime MI the proceedirgs
before the Chambers VIII bv the orler De s"s
pended until the decision Of this Court"
Tho result OF the above proceedings is apparently
victory for Anf-lammany upon the point over Whch
Ia hottest part OF tue c0nte has been ough-pTeyeut-
Mr. Nichols rcghinlnS DIS PNcc IA lut bp"Iu IL c
ION To-Day was the time assigned for the argument
upon the VIII OF cerorar before judge NrstoiSok, II
he had vacated Judge DtNiss stay, decision Oy MIN
ib,s afternoon, favorable to Dir. Nichols, upon
N he pam n @ GHe The Pocc Board Would t6cn
nave been II position to nominate Iummany
Wir Mr. NchoIs. Tenure OF office could only have boon
disturbed by adverse decision by the next 1eherN
vented entirely by Governor Robnson's action. There
u little likelihood that the General lerm Wlli rcnurr US
as moi any 1ySy y Inc intimate Gecson Of
he Court OF Appeals the OF the Mayor and
Governor IN such cases whether they can determine
az heads Hi CITY Departments Or whether there shall 10
u sht VI appeal 10 Tho courts
VIEWS OF MR. MCHoIs's COUNSEL.
John D. Townsend counsel for Mr.. Nichols, was asked
last evening what considered tho motive Of Governor
Robinson to have been In ordering the extraordinary
General Term.
{" Clearly a political motive" the answer aud
will tell Won why say believe II % be considorei
ly Governor Robinson and his associates tn important
thing that the inspectors Of elections who must be Sc
Ieetod before October 1. should be of the Robinson
stripe"
Does rot the law provide that such extraor nary
General Term shall be called only when the public good
Certainly" said Mr.. Townsond "but you viii per
ceive the discretion res with the Governor 20 de-
a.
and he Ges the judges who shall SIT ana the
place of session You are aware that ne regular str
sion of the General Term OF the Supreme Court docs not
b. gin until the fast Monday IN October Know Oh no
great public good that REQUIRES the determination OF
any ouestion before next month"
u II YOUR Impression that Tie Governor had an idea
that he could any advantage for himself out OF THIS
Il don't think 50 badly OF his Judgment"
was the response, as 10 suppose nc itnousn.
in this Courts but l do give him and his
pOlliicg associates credit for sufficient sagaey to see
thp only
prevent "a possibility II IA decision In favor OF Mr..
Nichols on Monday was the Governor to order this
upou the question submitted 10 H."
'Mhen you speak OF the pcssDNlty OF decision on
Monday TO what do You ailIdef'
Precisely this WheD Application was made originally
for the writ cortiorari. II based upon an affidavit
made by Mr. Nichols, IN which we've set forth all the
proceedings had before the Mayor at tho time that he
claimed 10 have removed the CommsslOner When me
writ was granted. Judge westbrook wrote very eab-
crate opinion IN which he sustained the position we
took aud upon the basis that The proceedings as we ser
them forth correct, intmaed very clearly that
proper hearing had n9t been ao%eI ny tne Mayor
he forth the same proceedings us having been had
before him up in our application. Therefore
1t far presume that his decision would have been
Was have taken place, had he vacated the stay OF
Judge DAVIS ANA rendered his decision"
COMMENTS OF POLITICIANS.
The action Of Governor Robinson was the subject Of
general comment among the politicians yesterday.
Tie dragging of the Supreme Court into politics IN
this way" said supporter OF the Governor, will
not l Will disgust many persons, and viii
lose Us more support than We viii gain In preventing
Tomuapy Hall from having representation on the lists
of usuectors OF election. The Mayor has bluudered in
many WAYS since he took office. but u way greater
than IN invelcng the Governor into this action" This
opplon was shared by other conservative Democrats
who support Robinson, but the AniiTammany party in
the city Is chehg Offered and controlled by young and
iuex pcrcucel politicians, and these men. when ap-
uroacled on the subject, While avrrsc 70 discussing the
& yeruors course. we're exunDt, evidently regarding
n as "a smart tiCA
The secrecy with which the Court was convened
startled The Tamnany politicians Hltle. When told
l,IIrf and M