The New York herald., 1879-10-03


10. John Zahn. 90. Alexander Thane.
IL. William H. Secor. 2J John i. Cunning.
H. William Rothschild. a. Lawrence McGrath.
PROCEEDINGS BEFORE THE EXTRAORDINARY
SESSION OF THE SUPREME coURr-D DIVER
GENT VIEWS ABOUT JUDGE DAVIS OPINION
The rival politicians and counsel engaged on the
respective sides Of tho issue growing OF the ap-
pointment Of inspectors Of election by the Board of
Police Commissioners were in attendance in full
force before the extraordinary General Term of the
Supreme Court yesterday. The occasion was the
order Of Judge Barrett granted tho previous day
directing the Police Commissioners to show cause
before such Term why q writ of mandamus should
not issue compelling them to appoint inspectors of
election poll clerks In the manner and to
the number provided for by law. AS already
stated in tho HERALD the Commissioners had.
ON Wednesday. appointed two republican and
one anti -TamMany inspector for each election dis
trict, thus leaving democratic inspector out of
the two provided for by law unappointed. On this
fourth inspector the Police Commissioners had
divided. two-MacLesn and Morrison-being in
favor of giving the appointment to another anti
Tammany democrat. swhile Commissioners Wheeler
and French insisted that they should be appointed
from among the adherents of Tammany Hail. thus.
they claimed. giving effect to the opinion of the
Supreme Court. General Term. In which 1t was sug-
gested that tho democratic inspectors be drawn
from the whole body Of the party in this city.
AS on previous occasion, Tammany Hall was repre-
sented by David Dudley Field Edwin W. Stoughton.
Dudley Field, Mr.. Bacon and A. j. Vanderpoel. For
the Board of Police Commissioners there appeared
Mr.. +. N. Bangs and assistants to the Corporation
Counsel, Messrs Andrews and Stetson. In the alb
sence of Presiding Judge Davis. who, it was said.
had become slightly indisposed from the effects OF
ivy, poison. Judge John q. Brady presided. with
Judge George Q. Barrett as his associate.
PRIVATE COUNSEL.
Mr. Elihu Root, OF the firm of Root Il Bartlett,
who had been sitting quietly at the table in the
midst of the opposing counsel. suddenly arose and
opened the ball by announcing to the Court that
represented Messrs Wheeler and French, of the Po-
lice Commission, personally. As this was an appli-
cation for u mandamus process, failure to comply
with which would impose his clients liability to
punishment for contempt, it seemed 70 him and to
them proper that he should represent them the
question to what the form OF that process should
be, and he therefore appeared there to represent
them and claim their rights.
Mr.. Bangs-Mr Root asserts he has authority
sent them. and We would like to know il he will
operate with with the other side. We would
be most happy to have him on our side tderriment
Mr. Root am not going to cooperate with my
learned friend. Moro merriment-) 1t seems to be
agreed on all sides that there should process
or other. The learned counsel for the Police Com
missoncrs he will consent to process. have
very distinct and definite idea of what the form of
that process should be. which am afraid will not
agree with my learned friends ideas the subject
Judge Brady inquired of Mr.. Field what. if
y,
David Dudley Field said perhaps he had better read
the order prepared. IL short as he intended
hig speech to be. and would occupy but few mo-
ments. Counsel then read the proposed order. the
only point in which to which the other side took
ception that the fourth inspector should be
Tammany man, and to this clause Mr.. Bangs gave
very decided and emphatic shake OF his head.
Mr.. Bacon then read. on the part of the Tammany
Hall rclators. the affidavit on which Judge Barrett
issued his order show cause, and which appeared
in yesterday HERALD.
Assistant Corporation Counsel Stetson followed
xyifh rffid n N Of ha rpgn pdaut ta
made by Commissioner MacLcan. In it set
forth the statement that the Commissioners
in accord in interpreting the opinion of the Gen.
eral Term. two believing that its suggestions and
the law would be fully complied with by the ap-
pointment Of two republican inspectors and two
democrats taken from the antiTammany and green
back party, while the other half OF tho commission
be an adherent of Tammany Hall. The affidavit also
recited at great length the action OF the Police
Commissioners in reference to the appointments
made and not made. which has been already pub
iished in full That affidavit thus read by him.
Mr.. Stetson said. was all that had been handed to
him on the part OF tho Police Board. but IL there
others in court on the Same side no would be
WHEELER AND FRENCH spKAK
Mr.. Root. who held an affidavit OF Commissioners
Wheeler and French in his hand, said those gentle
declined the representation OF the Corporation
Counsel. aud then proceeded to read an affidavit CIV
ing their version OF affairs.
THE PoLIcE COMMISSIONERS AFFIDAVIT.
In this affidavit, to which both make oath, they
allcge that addition to facts already published
that three lists of candidates had been submitted to
tho Ioard-onc each from the republican, Tam
many and anti-Tammany partios-they wheeler
and French) represent in the Board tho party In
political minority-the republican party--whilc
Commissioners MacI.can and Morrison represent the
Irving Hall democracy and were appointed by tho
present Mayor. who elected to ofiicc by the COM
bncd votes of republicans and anti-Tammany
men, both at that time forming ma
jority of the voters OF New York. MacLean
and Morrison always insisted that the
inspectors OF election to bc appointed. outside those
intended to represent tho republicans, should be
selected from the adherents OF Irving Hail. while
thoy wheeler and Frenchl believed the two outside
tho republicans should be selected from the great
body of the democratic party in the city of New
York. MacLcan and Morrison. in pursuance of their
theory, had repeatedly voted down resolution to
appoint inspector from each wing of the demo-
cratic party.
After reciting the fact of an opinion having been
rendered by the General Term. aud the substance
thereof and the action OF the Board the 3Oth ut
ia appointing three inspec tors--two republican and
one anti Tnmmanytho affidavit adds that a resoiu
ton to appoint fourth inspector from the Tam
many nominees voted down by commissioners
Msciscan and Morrison. though the persons named
were in all respects duly qualified. Reference is
then made to the letter of the Mayor notifying
Commissioner French of charges being made against
him; and the affidavit asserts the belief that. In all
the proceedings of Commissioners Maclscan and
OF election they acted in consultation with. and
with tho consent advice and approval of the Mayor.
A FULL BENCH WANTED
At tho conclusion OF tho reading OF the afidavit of
Messrs. wheeler and French MIR. David Dudley
Field said:--"lt appearing by the papers on both
sides that the sorio ously disagreethat
IL to saw they disa9 the of the
opinion pronounced last Tuesday by Judge Davis
with the concurrence of your Honors 1 venture TO
suggest that IL would be entirely agreeable to to
have Mr. Justice Davis present when this matter is
decided II Is desirous that this matter should DO