New-York tribune., 1879-09-30

Franklin-st last evening The officers Of the associa
ton are samueI 81. Burns. president: Daniel Terry
vice president: Edward O'Brien. secretary; James
Hmeney treasurer James ]. Finley, sergeanl-ai-arms
Many, new names added % the ren OF memhcr
shlp Resolutions were unanimously adopted approving
Of The nominees and the platform OF the State ConNen
ton Led at Saratoga aud rcdgng thc support OF the
association to secure the election OF the Republican
State ticket Il was also resolved 10 eject thoropgh
organization in each election district and committees
were appointed for mat purpose. Alderman Matthew
stewart addressed the meeting, aud was followed by
Peter J. stivinsOn. Z. n. Goodwin, and others.
The Cornell and Hoskns Campaign Club OF tie
XvIIth District last evening Turner Han. West
Forfv.seventh-.t william Freeman. Of the TIA Dis
frtrt was present behalf OF the colorcd Repubetns
OF tn city 10 the Republican ASSOCIATION or inc
XVEitE District Tor Us generous GIT OF r5vV ~ anu s"
me Kansas refugees. Ir SPOKE at some iengtn uighs
unaninltv in the party. one hundred ana elghiee"
The reeEr ting ~ the Cornell and HosAins Cinh
in the III Assembly District was held LAST evehls ~
No. l66 Peari-st. Morris lredsAu plt,,utnt .. ~
organization introduced General d. r. Bnrk' wa" ~poAv
~ o,sura-ins aud enter IA ma manner % a ~,
hicp outlook He sud ~ lhc X pnp.iV'uS ~, ,css
of New-IorS only would cling tose iper "8t 1
would surely cre wn their chofts t4ls Fhi- Inc 'i''
caused mucH euthusia-in
COMMISSIONER NICHOLS RESTRAINED.
THE IXTRA0RplN GENERAL ThRM OF THE ST.
PrEMR COURT GRANTS TIE WRIT or Pr0HlBI-
T1oS AsKrD FOR By THE MAY0R-JUDGE Wfsf-
HHO0K DECIDED TO Rave ExCEEDED MS JuKiS-
DIcTioS.
4 decision was gwen yesterday, by the TX
traorGin.rg General Tegm Of the Sipcme Court on 'he
application fora OF prohibition restraining iur'i'r
proceedings m tae special Term the writ OF eerofAr
IN Police Commissioner Nchoiss Justice Braay
wrote the opinion aud ChefJustice DAVIS and Justice
Barrett c0ncuried. The writ Of prohibition was granted
Justice Brady says that the only questions 10 be con
sdered are those which appertan TO the popreiy of
granting the writ applied for He continues;
II appears from, the papers submitted tAat M Nehc'
reeina himself agricyed by the oiciai action 81 the
fciator applied for and obtained common law Wri OF
cerfiora the object OF which was tg secure IrNt" o
eurh oicai action and judicial determination 81 is
uroprirty and justice The certOfail "as lhIh rrtH-
ahe al special terra ~ DC held on te MS fohal ..
- member AZ Chambers In this district aAd CERTAIN
proceedings thcreupOn had ~ reiatOh lhe.r-
fnin by the rclator GIAe Mayor. which was
on the l5th of sepiem,eI nsans, ano
common law WI; OF certloIarl, lor Whca ragpl'oS,
sion must made 20 the Court ana not 20 Ju"se q.
discretion OF the Court to when appiicatoh ioT ~ ms
be made. ana when granted n seems mus, l,St'tH
Term of the district IN when me proc'.un1s s"s ~
he reviewed are had When the return Is Nice hhd ur
IN ex sting re Of this court r1ic ~ may be secured
gy either party at the SPECIAL lcrm cxcept ~ go -,
which they are by law required 10 b. heard at the Cen
era. TclIn and u few other exceptional eases
Jnsrice Brady tnen gives statement or the various
r;les on the subject made by the state conventions of
judges. Tie tAcn SAYS:
Assuming that ali the procecdaSs before me speciai
Term we're rel down 10 the time when me order ~
n,1r cause why Mr.. Nichols should not have Judgment
nrou the return was granted y u qai'r Gear i.t tne
Nayor entiled 10 the usuA hetee o. sly n4i.lns
fhat should DE had at Special Term IN the ril"ar
procccdings II vas risn, se,lreN ~ . ialg "r is
Court. adopted ia G. INVENTION ui.sI q %. o %H-
and pIses.ng. therefore, all the force and Visor OF
statute the subject. was iisnt ol N.uVD' ~I9 M
injg.s rc could not be deprived The order 20 shOw
eus therefore, issued on the 18Th OF scptember, n-
the dny after the return wa. nleu, H'iNt p'c lIc
retrrbe n less than Tie usual tlur ~" notice az aru
,,, {, should De ploniptei. This based on the
ssiinpion tnat the cca. Term OF C@iuner' hrid on
snecll Te.u such Is contemplated hy iule a. But
is not this district under the siatut" auihorzn<
thc nno,n tmcnt OF tcrns 20 De held there ia dsinc
tion between Special Terms Il: Chambers and spfc.a
Terms proper IN the former the Ju.i5iieon I, ec r
hers business and not TO the trial OF issues of law or o
fact nor 10 tae exercise Oh any aVpeiatc Ju1lsJ.c
Tae hearing 10 he had upon return to cerorari is
an enumerated motion, result evidenced bl she Of.si
l nracfice OF recurring the writ to he returned 20
General Term and the proceedinss IN referencr TO u to
be had before that tribunal ana oy me cslillm9ing
pracice already suggested OF requiring the writ %
oe directeG be nad at special Term The result OF
n examination OF TINS branch OF the motion l., there
fore fa te special Term "a Chambers FOR nOn-enuEer
, ,ti, has mo- authority 10 entertain the hearing
~ovled for IN proceedings upon common law certior
ri without consent and consequently none To compel
by an oer to show cause It therefore, Spe,rs
.n IN the ususl notice argument had BEEN given the
SDrcal Term Chambers Was not the proper tflhnal
m unlch a Lesring cogid have lawfully been bad
The oue-tiOn remaining Is whether an attempt was
mall, m x.r.iss jurisdiction iu counict with doe
riucs hereby enumcrated and the answer thar there
ranrsd ON The 6th day II Septcmbrr. 1872 in the
tiOrar proceedings requiring tLe resp ,nrhl 10 go"
causa AZ special Term. 20 be held ~ the Court House
In the cav of eA-IOIk the 22d OF September as
soon Thereafter counsel b. heard. why the rcat0r
enoud not have Judgment on IN return, VscatDg ana
Ieclariuv mail the Judgment Of the respondent
mnylpr Mr. Nichols. the restOr, from hrs position
a. Comnis-iOncr OF POlico or the City Oi Nc"-1"Ik
ana wnv he should have such further relief might
he propr in the premises, cOntTaventOn 81 the
vcu herein exprcs sed. The Special Term named not
beiux tribunal tho power TO hOd cOsnlztnc6 OF
sreh "A proceeding with view 30 iinG Judgment ana
fue order to being unaGthOrBei because 10
was fr a les. time than the usual nOuce Of argument
ncred ny tho ru G. and therefore by The statute the
ized should be prohibited ana by prohibition rendered
null and void. ,
Tae rrlNtor Mr. Nichols Is not preiuciced. He may
90 Al with bis proceeding Initiated by the ccrti0rar
according 20 the prevailing law and practice. This
court b, its Judgment this application does not n
any way inie frre hin TIE enjoyment OF that
right II neTpOses only 10 prevent the exercise Of
mower which Is unauthorized and III violation OF law.
The administration OF Justice In due, apd orderly
manner and which according 20 the rules estab
sled by Statute otherwise Il essential TO tno pro-
tection and preservation OF personal rights an1 the
rlgDts o. property and the pubic welfare and these
7es cannot be departed from, although In some special
their Gus application. The motion FOR tho writ
granted.
ACTIVITY At COMMITTEE ROOMS.
TIE RaPUBIIC,Ss WORKING MUCH HARDER AND
MORE EFFECTIVELY THAN THE DEMoCRATs-
SPEAKERS FOR IHE CAMPAIGN.