The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-07
A PARTIAL RETURN.
McSsrS. MaeLean and Morrison Defend Their
actions in the Board.
THE LAST INSPECTOR.
Approval Of Tammanys Lists After Another
Day Of Wrangng.

writ of mandamus issued on Saturday by the ex-
traordinary General Term of the Supreme Court was
made yesterday. Chief Justice Davis ana Judges
Brady and Barrett on the bench The court
room was. on the previous days during the near
ing of the case, densely crowded with politicians
the throns extending to the lobby. The Comp
troller's Office seemed to have been selected as
favorise rendezvous by the Tammany adherents. who
discussed the situation warmly and INDUCED IN all
OF speculation as to the result OF the legal
battle 1t was exactly twelve O'Clock when Mr. David
Dudley Field observed pushing his way into the
court room. carrying huge bundles of papers. He
had scarcely taken his seat when Messrs Bangs and
Root. counsel for the Police commissioners ap-
peared Mr. Bangs specially represents Messrs Mac
Lean and Morrison.
No sooner had the Chief Justice announced the
opening the court than Mr.. Root arose and stated
that he appeared for Messrs. French and Wheeler.
and that the Board of Police Commissioners had
failed to agree upon a return to the mandamus.
The gentlemen he represented. howSver came to the
conclusion that they would make individual returns
and the documents would be produced in court after
the lapse OF few minutes.
IF the Court please" interrupted Mr. Bangs. az
reminded my clients, Messrs. MacLean and Morr-
son, evening that return should be made before
the Court at noon to-day l have been waiting for
present time havA received none. SO that am at a
loss to understand what action if any the Board may
have taken in the meantime
1t now Mr. Fields turn to speak on behalf of
Tammany. He arose and said, with air of great
seriousness, that he wished to file proof of service
at the time searching through the file of papers
that lay before him. He added that he willing
to wait a reasonable time for the returns. but"
said me- raising his voice. elf returns made
ask for an attachment forthwith
ASKING FOR TIME.
Mr.. Bangs here jumped up and asked him against
whom he desired to obtain the attachment, and Mr..
Field as promptly replied. against the four Com
missioners." Mr.. Bangs said he did not the ne
cessty Of this great haste counsel had
to make a return Mr. Field retorted that the at
tachmcnt sought. not against counsel.
but against the Commissioners. Mr.. Bangs ap-
peaied for a brief delay, and asked that some
definite time be fixed by the Court he had two
three very important engagements and it IN
usually busy day. Mr.. Field consented and the
Chief Justice adjourned the till half past one
O'CLOCK.
At the reopening of the court Mr.. Wheeler was in
attendance and sat beside his counsel Mr.. Statson,
addressing the Court said that during the
went to Police Headquarters and found that the
Police Commissioners were in session and were
gagged in examining applicants. The Board had
already appointed more than three-fourths of the
ntire number of the inspectors. When he left Head
quarters Mr.. Bangs busy engaged in preparing
the return on behalf of Messrs. Morrison and Mac
Lean and he expected it would be ready very soon
He asked. therefore. for still further delay, until
the return could be completed.
Mr.. Root here produced the return to the writ
behalf of Messrs. French and Wheeler, which set
forth that they had done all in their power to obey
the writ. but had been thwarted and INSTRUCTED by
their colleagues in the Board in such manner that
an additional and fourth inspector had been APP
pointed in only 1884 election districts out of all in
the city.
irg?" in:erposed the Chief Justice.
MIR. Root replied that the number as he was in
formed. was 267. The number appointed on Satur-
day was III
The Chief Justice said he was satisfied that Com.
missioners MacI.ean aud Morrison were at work in
All effort to obey the mandate of the Court. and
before king any further action he would adjourn
the Court FOR half an hour to await their return.
At this point there was rush TO the lobby and
the discussion became exciting. Few even OF the
noted rammanyites ventured TO predict what the
resnlt would be. At last the announcement
through the hail. Here they comet" and there was
another rush for the court room.
LONG EXPECTED DOCUMENT.
When the judges had taken their seats Mr.. Bangs
arose and read the following return to the writ
behalf of Messrs. MacLean and Morrison:-
To THE HosoRAnLE rng SUPREME Counr STATE
Ne tue undersigned Charles p MacLean and james L.
members Of the Police Of city New York
tor return 70 The writ Of @ IS issued in this matter
shcretc prcdxcd return to the said do hereby
certify and declare as foliows:-
Fost-we herewith return the said writ.
SSdnne sesrd ,sor Police and the member;
writ. convened together on the Ith day OF DC.
Of thar day. Tho official minutes Of the proceed.
ing OF "a soIrs have not YET been out The
tailed statement Of the proceedings of the said Board
I'm, s m e q, si
sa
minutes aud ic fact IS that pursuant to The command of
selected eghtytwo inspectors OF estion mentioned in
Of October, ls.s tue said Board adjourned "' to
meet At IT nine Gs s," in the morning on the
the members ct SAID Board present and the
said writ and they continued IN session Tor at burmese
up TO about the hour of iortyavs minutes past twelve
I'll O'Clock r. NJ of the 9Th day October is1 for
turn The aaderssncd Charles Maeaa is ' actin" y
Of % "S sOTa hs m ma wa. on ne
ceednss OF the said board and the numbers thereof
writing aud approved and cannot set forth the
the ,ine Of the mains tins return the laid Board our
snant TO the command OF ths said wri and IN compliance
9Th day of October is'J inspectors of election TO the
COMMISSIONERS xscLsaSs RESOLUTIONS
We further certify aud return that Immediately upon the
OF october 1879, the undersigned Charles MaeLean OF
fced the OF and adoption Wy the Board
preamble and resolutions IN the words following. TO
"Kesoiyed That the counsel to tho Corporation be
qucsed tue return OF this Board 80 the writ OF
nnndamus the Board ON the 9th lust and Ia
insert such all the minutes of the procced ngs o
tho Board had alter the service OF said writ M
10 the i'm. Uf tho making Of the return aud that
said return be certified by tho acting prcs
dent aud Chief Clerk And, whereas. che said
commands the board TO select inspectors from
the Tamu,any Hall democracy and the members OF IN,
ppea order Ut the Court % the fullest eScnt
hut said writ what class OF persous the said
Tnmnany Hall democracy embraces or " conbncd 60
hoard what test to apply 50 as TO determine
whether or not persnns proposed inspectors are mem
b.rs cd said Inmnany Hail democracy. -
tesolvad rbit til. Board respectfully hopes th"t h'
Court will x cnnudcr ~ within It's province 10 10 So
Board order how 20 dctcrminr what now con
stituics membership of such Iammany Hall democracy
and whether not persons intending 70 vote or eu'
Robin Governor Ineligible as inspectors
although they intend vote TOR tile other eanddate'
the democratic state ticket, and although tIcl
menhcrs OF the rammsny Darty which ", is
alleged ia the before The Court. potiou
Ia this city aud county within tue last wear
81 words whether not the Board IL AT liberty
orders the Court appoint spcctorS am
the sad 5000 voters who otherwise qualified or
L. that portion Of the 5000 voters which IN
ftynIt to vote fof John telly for Governor
Satd resolutions aud preamble having been road and
tho frat resolution offered Tor adoption