The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-05
MIR. FRENCH ON THE OFFENSIVE.
The Extraordinary Term Decides in
Favor of Tammany.
A MANDAMUS ISSU ED
To Compel the appointment or
the Wigwam Inspectors.

steven A. NJ YESTERDAY Presiding Judge Davis in
,ured counsel If any desired to be heard further
In argument. and there being no Affirmative re-
Spouse he said Associate Judge Barrett would pro-
coed to the conclusions to which the Court had
unaninlo usly come as to the form OF the order to
be issued to the Board of Police and their reasons
therefor. Judge barrett then proceeded to state
orally. and in n very succinct and clear manner,
that the Court while mindful OF the well settled
rule that they had power direct subordinate
body to act they yet aware that they could not
direct the manner in which to act and were very
clear they had right nor power to interfere with
tho propsr exercise OF its discretion by Police
Board The Court was equally clear that they had
power to construe the law under which the Board
acted, and to compel the exercise of that dis
.reton in the light Of such construction.
1t had been held that the entire body of democratic
voters should be considered i'll selecting two of the
four inspectors to be appointed III each district
But the Board or Police did not obey the law in
tepreted by the Court by selecting from the 10000
democratic voters of the city. but had selected
inspector for each election district from faction of
party numbering but 900 voters. and entirely
excluding the other 10000. There remained no
practical method of making the original decision OF
the Court ecual but to select the remaining inspec
tors from the remaining portion This the Board
must de i'll good faith IN u spirit Of obedience and
not in spirit of evasion.
e4 ORDER.
The order of the Court, in conformity with the
opinion, then HI dcd down. 1t reads fol-
lows:--
application for manda%us being now made shi;
others. the said atdavits and the papers
% .S s
"1a snsn FsS rSa e
Stouhom h1yns Eileen been heard hear for the ap
beard for the Respondents, Wheeler and French, and
Mr. Francis n Bangs in opposition thereto Il rs
Stephen
nS they ssns ." P"Ss anu and ' 10 tho
hoard as Of rs Of the & 81 of New as &c
e election in the city # New York for is7 in a
Inspectors. person in slseiion district ia
.hs Dsn S'ts i'"s shall be ] h4ss
as they arc reaaired BY law to appo,nr and also
tho Year 1915 they required BY appoa, aud
Ss "Fs The for p Ss s 'sss ds
euy on State issues and one person from the political
that :ss SAT-. A %a9 w Ss ss" spsr4. ss.
Of ana same III nd opns sS a
saes which sso has separate ORGANIZATIONS commonly
Commissioners of Police have refused appoint from the
% @ The s S nd tho .prsss tn
i9 entire s %Ssy Il sIa ely OF New YORK
said and board appoint the said fourth
Section sas s the a%ay Hail
Mr.. Bangs. who had appeared instead OF the Cor
poraton Counsel to represent the Police Board. said
he was perfectly satisfied with the order; but, as
either party might wish to take appeal he hoped
tho mandamus might be made in the alternate re-
eest that the writ be directed to the Board OF Police
Commission each OF them their successors so
that IL any resigned removed the order Of
the Court might still have effect.
Mr.. Ficld-What. an alternative writ
Judge DavIs-The Court does not desire to hear
argument on that point. We determined to ter
inmate this affair
Mr. Bangs then asked that the words Judgment Of
the Court" might be inserted In the order with
TO the right of appeal and to this was i
terpvsed no objection.
rnE MAYORS ATTITUDE
Mr.. Field, addressing Mr.. Bangs, asked IL 1t was
the intention OF the Mayor to proceed TO remove
Commissioner Frenchy Mr.. Bangs replied that he
believed the Mayor had formed no intention to
move anybody without first giving Them a hearing
All the Mayor wanted to be informed by the
Court u the law and then to apply 1t to
any Of the Commissioners who should refuse to
carry out the views OF the Court Mr.. Field moved
proceeding. The order could do no HARM Ms the
Mayor wanted To try Commissioners French for doing
lust what the Court said he must do I'VE have but
looked anxiously at the clock ON the wall.
Judge Brady asked Mr.. Bangs If he could give
sorance to the Court that no proceedings would be
AIKEN before tho Mayor.
~ can give assurance answered Mr. Bangs
that will be taken IL my advice IL followed"
"Can you give any assurance that your advice will
DO followedr' further inquired Judge BRADY.
hr. Bangs replied that his advice had been fol-
lowed hitherto and no believed 1t would be followed
now. hut could give assurance beyond that. lie
was Just informed by his colleague however that
the Mayor had announced. ON the previous evening
his intention To adjourn the hearing in tho of
Commissioner French 10 another day. MIR. Root. on
surprise that the notice tor the production OF min
utesaiid witnesses before the Mayor should have
been served only yesterday morning.
what is tho date OF that noticeY" asked AIR.
Bangs.
II, Is dated the "a. " answered Mr.. Root. "but was
III this land not doubt it is, an OK parte ap-
phcatlon against the Mayor said AIR. Bangs. "t is
Mr. Field said 1t was quite proper for counsel to
retire who represented clients whose intention it
was to defy the Courts orders.
Mr.. Root then read AN affidavit of Commissioner
French as TO what was done in the Police Board in
the morning, anu how some of the Commissioner
refused to net until served with the order of The
Court. "thus." said Mr.. Root showing that tho
Board was moro anxious to prepare minutes (occu.
plying OF the session) the use of the Mayor
than to carry out the order OF tho Court"
Mr.. Field read the order the May or, adding the
statement OF his belief that they had arrived at
point when. judging from the defendants action. 1T
became the Judiciary to determine whether il would
execute its process whether IL would be cou.
semned.
Judge Davis said tho Court would deny the pros.
ent motion. with leave to apply TO any Justice. #
iIere reason to fear action tho part of the
Mayor. To maze such am order then would he to
suspect the highest magistrate of this city not only
of an intention to become guilty of n contempt Oi
court but OF grossly impeding the administration
OF Justice
The Corporation Counsel's assistant asked OF tho
Court AN explanation as to the duty OF the Boart
under the order ~ framed in selecting tho remain
Ing inspectors from the ranks OF Iamany Hall, u
which Judge Davis replied THE persons to bt
ppuointed from among those now acting Ia
harmony with Iainnlnny Hall. Tho law must b,
executed in Its true spirit. aud tho parry as now ex
tsling must have fair representation ti4
An adjournment was then takcn Till ave O'Clock.
MANDAMUs.
When tho Court agaib met IL was Informed b,
counsel that the Mayor had Abandoned or dismissed
the first charges against Commissioner Wheeler. ant
had adjourned the hearing ON tho now chsrgcs unit
sassffE tlN ia nj A
GU at slow pace with the appointment OF nspoc
tors. All that remained for the Court to do. under
these circumstances, was 10 issue It's writ or man
cainus under which the Commissioners are to bt
brought before the Court for disobcdionce OF III
order, II at ALL Tho writ Is as follows:-
Tho people Of the State OF New York 10 Dewitt g
wbcvleI stephen Is. French, Charles b. MaeLcan ans
James Morrison. and each of them being Conan sioncr
Ut Police aud totbe Board Ut Police Of the city OF New
York. greeting
Whefris application was made to General Term oil
Supreme Court hold nj the County Court doase IN III,
siy Of New fcfs Wherein the people on the relation o.