The New York herald., 1879-10-05

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such action was unavoidable, q political
question having been thrust upon judicial
notice in such way that the Court
was compelled to decide it. 1t is
for the public interest that there be
an end of such controversies any bind
! ing decision is preferable to the con-
fusion and distraction of keeping them
open. 1t is better that inspectors OF elec-
tions be appointed in obedience to man
damus than that the futile wrangle and
scandalous deadlock should be kept up in
the Board of Police. The wrangle indeed
continues, but it is confined within mar
rover limits and is not expected to run on
for more than day or two longer.
Ii there were possibility OF appealing
from the action of the General Term an
appeal would be taken. The questions in
volved are questions on which able lawyers
differ The Corporation Counsel and Judge
Emott interpreted the law in one way and
the Court has interpreted it in o diff
ferent sense. 1t is possible that the
Court of Appeals would reverse the
action of the General Term if the Court of
fortunately for the public quiet there is no
time for a hearing before the appellate tri-
bunal, and no choice is left between obedi-
ence to the mandamus and imprisonment
for contempt of court. Everybody except
the disappointed anti-Tammany democrats
will be glad TO have the muddlc end.
question may arise as to whether the
Robinson-Cooper wing has not, by pro-
curing the extraordinary General Term,
been ''hoist by its own petard." Anti
Tammany has got more than it bargained
for, but on the whole it has been a
gainer by the judicial action 1t invoked.
If Judge Westbrook had not been in
terfered with he would have REIN
stated Commissioners Nichols, and if
Nichols had remained in office but o single
day he and the two republican Commission
ers would have appointed the whole Tam
many list CT inspectors, together with the
republican list. The writ of prohibition
issued by tho extraordinary General Term
against any further proceedings under
Judge Westbrook's order kept Nichols out
and blocked the Tammany game ior cap
turing all the democratic inspectors. In the
even division which was thus kept up in the
Police Board the republican Commissioners
| conceded one-half of the dem ocratic in
spectors to anti-Tammany as means of
getting their own list appointed. The net
result of the extraordinary General Term
is therefore favorable to the anti-Tammany
faction, which has got one-half Of the dem
ocratic quota of inspectors, instead of get
ting none. as would have happened if
Judge Westbrook had not been intertered
| with and Nichols had been reinstated.
1t appears that while the Court enter
tanned no doubt as to its duty to issue q
writ Of mandamus there was some dissen.
sion, or at least some difficulty, as to its
proper scope. The general principle wns
stated yesterday by Judge Barrett in almost
precisely the same form as by the Court Of
Appeals in u recent decision. 'The diff.
Guilty the only difficulty" said Judge
Barrett, (which was in the mind Of the
Court was as to the power by mandamus to
remedy the evil which was complained of.
We were mindful of the fact that the rule OF
law was well settled that, while 1t was within
the power of the Court to direct subordi-
nate body to act, it was not within the power
OF the Court to direct the manner in which
they should act. We were very clear that
we have no right, no power to interfere with
the proper exercise of and discretion of the
Board"
But the Court found way out of this
difficulty through its power of interpreting
the law which defines the duties Of tho
Police Board. 1t declares the intent OF
the law to be that the majority party-that
is, the democratic party-shall be repre-
sented as a whole in the boards Of inspec-
tors, and not by one of its separate factions;
and that, inasmuch as the smaller faction
had already one-half of the democratic
inspectors, the other half belongs to the
larger faction OF the party. The Police
Board Is therefore commanded TO fll up
the remaining places from the Tammany
wing of the democratic party, but is left
at full liberty in it's selection OF individual
members Of that organization. It is under
no legal compulsion to accept the cut-and-
dried Tammany list. If Mr.. Wheeler OF
Mr.. French should be disabled by sudden
illness Messrs. MacLean and Morrison.
being then majority, would be at liberty
to range through the whole sixty thousand
Tammany voters and appoint any they
pleased without disobeying the manda-
mus But being coniron ted with an equal
number Of republican Commissioners, act.
ing in the interest of Tammany, they have
no power to appoint, but only power ID
dissent. But if they should continue the
deadlock by standing out against individ-
uals who possess the proper personal quail.
fications they would render themselves
liable to be hauled up for contempt Of
court. II is not probable that they will &c
to this extreme. After great deal OF
haggling over individuals all the remain
ing places will bo filed by Tammany men