The New York herald., 1879-09-16
THE NICHOLS CASE.

AT length mayor cooper, without seeking tue III
tervention of stay by some other judge has yielded
prompt obedience to the second order Of Judge West
brook directing him to make return to the writ of
ceriorari granted in the case of ex-police Commis-
soner Nichols. In which tho latter seeks reviewal
by the Supreme Court Of the action OF the Mayor
removing him from the position of Police Commis-
sioner. The order OF Judge westbrook, granted on
Saturday. directed that the return be made yester
day before him in Supreme Court. Chambers. 1t
took some time before the case was reached. but
the respective counsel-Messrs. John d. Townsend
and John W. Weed representing Mr.. Nichols. and
Messrs. Il. n. Bangs and Corporation Counsel Whit
ney the Mayor. who were promptly in attendance-
doubt anxious as to what action the other side
might take and eager to lances i'll hoty con-
gramme necessitate sharp forensic fight Happily
ms'ocs tSs called all oSsa
that the return OF Of tho a'' Mayor ordered by
His Honor be hled. Mr.. Bangs said the return
ready, and at once filed it. Taking up the return
aud examining it Mr. Townsend stated that while it
contained great deal of matter of opinions Of
the Mayor. it did contain statement OF the pro-
ceedings had before the Mayor in the Nichols mat
ter and as that was all lie desired he accepted it
satisfactory.
MAYOR coopKR's RETURN.
This comprised mainly the published pamphlet OF
proceedings had before the Mayor in the case OF Mr
Nichols. most of which published during the
progress OF such proceedings "The assistance or
counsel" the Mayor says, '.was not denied to any
Of the Commissioners. Each was in constant
VIII ulB legal ADVISER. Eucu COnltulS-
soner had fair opportunity to be heard and to
have frank and open discussion with me OF the
facts in general and In detail and to make any ex-
plantations he might offer therefor with what result
an examination OF the proceedings will show To
urgent repeated questions received either no an
swer at all or answers not pertinent or evasive
With regard to the answer of Commissioner
Nichols the Mayor says:-'.If Commissioner Nichols
employs the words used in his answer and under
stands those used chapter 667 of the Laws Of 1872
in their ordinary he denies that the streets of
this city are not cleaned and are not kept
nIna In rth pnrd rdu CNvv, ,,tcoiA nhnlc
has the assurance to deny what other
person In the city OF New York fur
Us am aware denies or calls in question, and what
every city newspaper that has come under my no
tce has asserted that the streets have been in dis
gracefully dirty condition. Commissioners Erhardt
ana Smith, his associates practically admit that the
streets have not been kept clean but each put in u
denial OF his personal responsibility. Commissioner
Nichols controvers the fact itself and must then
believe him either to be unaware of the facts they
exist or to state that which know not TO be true.
If he was not aware OF the filthy incon venient
and unhealthy condition Of the streets. then
he is OF all men. unworthy OF his Office
and neglectful of his duty. In the performance
of my duty to keep myself Informed OF the doings
OF the several departments and to that the laws
and ordinances are enforced. ascertained and
found that az matters of fact the government and
discipline OF the police force had become lax and in
capable; the police force had deteriorated in
efficiency aud it had become demoralized; the Board
of Police had not caused the streets to be thoroughly
cleaned from time to time aud kept thoroughly
cleaned. and had not removed from the city daily.
and as often AZ necessary all ashes. dirt rubbish
and garbage. For this state OF things the persons
comprising the Board of Police were responsible.
gave the relator full opportunity to be heard. y I
that opportunity he did not avail himself otherwise
than above stated, and thereupon transmitted
to the Governor pursuant to law. the aforesaid
and history OF the said proceedings for his ap
proval or disapproval as he might determine
according to law; and considered 1t duty to do
and did do what lay in my power. under and &C
cording TO law, toward obtaining the action OF the
said Governor under the law in the Of tho said
The return concludes WITH copy of the certificate
transmitted to the Governor aud renewal Of the
protest that these facts certified only under
pulsion OF the Court
HEARING IN THE THIRD DEPARTMENT
The order to show cause why the hearing set
down for to-day in Schenectady should not be set
aside came up next for disposal After brief argu-
ment Judge Westbrook said that the motion III ust
be denied Ho said he did not consider that he ought
to seek to restrain the Mayor from making any
application he pleased before any Judge he
pleased anywhere in the State; but the refusal to
suggestion Of belief that the Mayor had any legal
right TO make such application.
Mr.. Bangs served on Mr. Townsend . notice of sp-
peal by the Mayor from the decision of Judge West
brook vacating the stay Of proceedings granted by
Judge ingalls,. This appeal, however. 10 taken in
district, whore tho stay granted.
reporter OF the HERALD met Mr. Nichols at his
club last evening and questioned him In regard to
his status under the decision Of Judge Van Brunt.
Mr. Nichols said his case in the courts, and he
meant to abide by the action Of the Judicial
tribunals.
SrRAwsThe swelling of the circulation OF The World
by than ten thousand copies within two after
this Journal to two cents during the coming
campaign seems to us to be toeraby stsncant symp-
Ia Fui hy ha n I'm unvh hnlt NJ &yrA