New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-12
THE POLICE IN POLITICS.

COMMISSIONER MACLEAN MADE TEMPORARY PREsI-
DENr-NiR FRENCH RECOGNIZES Mr.. MORRISON
MR.. wuEELER's WRIT TO BE ARGUED TODAY
GENERAL SMITHS WHEREABOUTS
The Police Department continued TO be the chief
subject of conversation among politicians yesterday,
inasmuch as upon the decision of the courts respect
5ng the disputed CommissiOneTshpS will depend the
pppointment of the Supervisors and Inspectors Of
the election to be held IN November next 1t had
been rumorcd that Commis Wheeler and
French would refuse to recognize Commissioners
Morrison and MacLean. owing to Justice Vest
brooks decision declaring indirectly that Sidney /.
Nichols was illegally removed from Office ana MI
MacLean appointed in May last. As eX-Comms-
sioper Smiths case Is similar to that of Mr. Nichols,
differing only in the time taken by the Governor to
make a decision it was held that Mr.. Morrison also
was not entitled to recognition. But Mr.. French
apparently is of the opinion that Mr.. Morrison has
proper credentials Of Office, for after absence of
several DAYS he went to Police Headquarters and
formally recognized Mr.. Morrison as a Commits
sioner Yesterday He emphasized this recognition
during the day, Also by acting with Mr. Morrison in
meeting of the Board of Police, at which several
unimpOTtant matters were acted upon. AT the same
meeting another event which surprised the polltl-
eians. took place. namely; by the votes of Mr..
French and Mr. Morrison, the direct representative
Of Mr. Tilden-CO Commissioner MacLean-was elected
temporary President Of the Board of Police. The
removaf of General w. f. Smith had rendered va
can't the Office Of President of the Board of Police,
but it was not thought by politicians that the Office
would be filed temporarily for some time to come.
Many of the Republican leaders of the opinion
that the chief place in the Police Department now
belongs to one of the Republican Commissioners,
owing to the fact that for many years ii has been
held by some representative of the Democratic
party Upon hearing of the action of Commissioner
f,rN Nv T.aau for
president, they loudly expressed their dlsappoint-
ment and said that they thought Mr.. French ought to
have deferred action on the matter till Commissioner
Wheeler the other Republican Commissioner, had
returned to this city. The election Of Mr. MacLean
is said to have a dangerous feature which Mr..
French probably did not perceive. Mr.. MacLean
Will hold Office as temporary president till perna-
nent president of the Board is elected. As there
nav be deadlock respecting the filing Of the
office between the two Republican Commissioners
and the two Democratic Commissioners, the cleo
ton Of Mr. NlacLean may have permanently that
was not anticipated by Mr. French in casting his
vote. The office of even temporary president of the
Board of Police will give Mr., MacLcan considerable
additional power
PERMANENT ORGANIZATION.
Commissioner Morrison, in reply to an inquiry
yesterday regarding the permanent orgamzatian Of
the Board answered: " The permanent organization
may be made tomorrow if Commissioner Wheeler
should be here. l hardly think the Republican
Commissioners will claim both of the important Of
fees in the Board-that of president and of treas
mer. They already have the office of treasurer;
Commissioner Wheeler holds it, l don't know
whom they would choose for president, Mr.. Mac
Lean or myself. Nj MacLean and have had no
talk as yet about the permanent organization Of the
Mr. Morrison said further in regard to his own
MI NV
shoulders. have been duly recognized by Super
intendent Wallng Clerk Hawley and Commissioning
French and | think that sufficient II General
Smith should contest my seat think he will do so
III the courts. and not in this building"
Superintendent Walng said. concerning rumOr
that there might be conflict OF authority between
the old and the new commissioners: " think that
people are crazy who circulate such runoIS. am
sure that General Smith has no Intention OF coming
here and attempting to force his way into meet
ing of the Board of Police. He may do so by way of
form so rs 10 have a better standing before the
courts but nothing beyond that. Ii Commissioners
Wheeler and French should meet with Commits
fioners Smith and Nichols, before the courts de-
cIGcd the appeals before them in regard to this
very matter u would dlSOTganlze the police force.
The police wouldn't know what TO do; what per-
Sons 10 obey. As superintendent, my sole guide IN
this matter is the official notification from the Coy
ernor and the Mayor that they have removed this
man and appointed that one. There IS no need OF
my calhugin lawyer TO tell me which one l should
recognize"
LEGAL POINTS N Mr.. wHEELER's CASE.
Commissioner Wheeler has been with his family
n Schrcon Lake for some time past He is expected
In this city to-day to attend the hearing on the
writ of prohibition issued last week by Judge Van
Brunt which in effect prevents the Mayor from tax
ing any further steps toward Mr.. Wheelers removal
from office. Commissioner French telegraphed to
Nr Wheeler Yesterday, that in of the dlsoT-
ganized state of the Board of Police his presence
was necessary in this city at early date. In
view of all these circumstances it is believed that
Mr. Wheeler will be in this city to-day. William {.
Whitney the counsel 10 the Corporation, was busy
yesterday among his law books preparing his argu-
meut in behalf of the Mayor the writ OF prohib-
Hon. Mr.. Whitney said yesterday IN relation 10
the argument which he IS preparing shau
make several points which CONSIDER lhcOnJI0NeIt
lble but the main point on which we depend and
which think strong aud well taken, Is that even II
the facts as alleged IN the writ OF prohlDllon were
true the writ does not he, 10 technical phrase
In this A writ Of prohibition can Only
lie from one court to another and cannot be
directed from a court 10 an officer II IT could
III would put that officer between two fires.
The Legislature might impeach or the Governor
remove him if he Obeyed the writ and violated di-
rect state law and, on the other hand, If he dis
Obeved the writ he would be liable to punishment
for contempt of court. The proper remedy does not
lie in a writ of prohibition, and | think shall
prove that TO the Court TO its satisfaction" Com
missioner Wheeler may be represented m court to-
morrow by lawyers new 10 the case as Ehhu Root,
Of his COUNSEL is sick at Clinton, III TINS state,
end George Bliss, who drew up the writ OF piohlbi-
ton. teegraphs from GrecnpOTt, l.. l., that he Will
not be present at the hearing Judge van Brunt
will probably take the papers and reserve MS deci-
SION. o.,
writ in the case of eX-COmmssloner Nichols, re-
Gently decided by Justice NestbrOOk IN favor OF
tie removed Official. MI Weed one OF MI. NichOlss
counsel went to Albany yesterday for the purpose
Of obtaining Justice NestbrOOks signature 70 the
wit and TO other papers IN the case. 10 was ru-
m0Ted that John ID. Townsend, the leading counsel
Tor Sir. Nichols, intended 10 apply TO a Supreme
Court Justice soon for an Injunction npon the Con-