New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-13
THE PRESENT SITUATION.

missioner possessing it is paid far higher salary
than his fellows. all of the Commissioners are at
present In the depths of anxious thought about the
position. The leaders of the Republican party in
this city urge the Republican Commissioners to
claim the Office, saying truly that for many years
it has been held by Democrats, and therefore
belongs to a Republican. if the rule of far division
and rotation of offices is to he followed The Board
consists of two Republicans and two Democrats
Commissioner Wheeler now holds the Office Of
Treasurer of the Board. He arrived in this city
from Schr0on Lake yesterday, and was at Police
Headquarters most of the dav busy employed at
his duties as Treasurer. All of the other Commits
soners were present, and it was thought that
meeting of the Board would be held and that
permanent organization would DO effected. 1t
was the opinion of She Commissioners also that
meeting would be held but after delay of several
hours 1t postponed by general consent TIL f i
day next. Politicians believe that the postpone
ment caused by desire on the part of all the
Commissioners to learn the issue of the hearing on
the writ Of prohibition, issued by Judge Van Brunt,
in relation TO the Mayors demand upon Commits
sioner Wheeler for an explanation of certain of his
transactions as Commissioner. The hearing will
take place on Thursday.
After the Commissioners bad decided not TO hold
any meeting "a a Board of Police, miniature
Gus was held by the Commissioners of each political
faith. Commissioner Wheeler had long converse
ton with COMMISSIONS French in his room and
Commissioner Morrison with Commissioner Mac
Lean in his room. 1t is understood that the Com
mssioners will seek to come 10 agreement among
themselves in regard TO the disposition of the offices
before the public meeting on Friday next. Should
there be no agreement 1t probable that the Repub-
lIcan Commissioners will present the name of Com
missioner French for President Of the Board, and
the Democrats the name of Commissioner MacLean.
In this case there will be deadlock Of a lament
able nature for the police force could not fail to be-
come demoralized BY seeing battle going on con
corning the head of the force.
THE CLAIMS OF EX-PREsIDESr SMITH.
Ex-Commissioner Smith has not yet returned to
this city. Some of his effects were removed from
Police Headquarters yesterday, and taken to an
office Broadway. This gave rise to rumor
that he would not contest Commissioner Morrisons
scat The rumor is untrue. however, according to q
statement of w. o. Bartlett, General Smiths
counsel in the case. Mr.. Bartlett upon being asked
by TRIBUNE reporter yesterday, if he was making
any preparations to appeal to the courts for re-
cogntion of General Smith as Police Commissioner
repliedi
"He doesn't need recognition. He has all the
powers rs Police Commissioner that he possessed
before Governor Robinson confirmed Mayor COoper's
certificate of removal. The Supreme Court says
that he is still Police Commissioner; it said
that Commissioner Nichols not legally
removed, and the cases are similar.
shall advise General Smith to go to Police
Headquarters and execute his duties as Commits
sioner. They may shut the door in his face, but
shouldn't like to be the man that shuts the door,
The Supreme Court has declared him still to be
Commissioner and it will be perilous matter TO re-
fus Thn / think WI hold
ell the acts of commissioners MacLean and Morrison
illegal, and likewise all the acts the other Com
missoners may perform in their company. The APP
pointment of Inspectors Of Election by them,
think, will be illegal. No one can foretell the de-
mobilization in the police force that may follow
these revolutionary acts of Governor Robinson and
Mayor Cooper Politically, also, it was most I'M
fortunate course to adopt 1t cannot fail to greatly
damage them In the opinion of tue country Demo
Gratis"
MIR. WHEELER AND THE MAYOR.
Corporation Counsel Whitney was in the Mayors
private Office yesterday after o'clock, to be
present as the Mayors adviser in case Police Com
missioner Wheeler might want TO submit his de-
fence and show cause why he should not be re-
moved. Mr. Wheeler however, did not APPEAR
but one of his counsel, John !. Davenport, was
present to represent him. Soon after O'Clock the
MAYOR emerged from his private Office accompanied
by Mr. Whitney.
"Is Mr.. Wheeler present ~ asked the Mayor,
clancing about the room in solemn manner
"He is not" replied Mr.. Davenport but am
here To represent hlfn."
The Mayor then carefully took from his pocket
folded piece of paper and opening it, read as fol-
On the 4th of August stated to the counsel for
Mr.. Wheeler that on August IL, II no IuTtnsr oIuer
of the Court had been made, | should deslst III
obedience TO the writ of prohibition served upon
me, until such further period as should tlere anu
then announce If Mr. Wheeler now wishes 10 De
heard i'm answer to the charges preferred against
him. he can proceed otherwise l VIII deslst from
further proceedings until August ~, AT ~ O'CLOCK
and If any further order OF the court nus oGe auo
shall desist until such further pelIou onii Vn0n
and there announce" it,, H.
above over To Nr Davenport. who returned II at
once saying: " In reply TO that VIII say, as
stated by the senior counsel for MI W heeler week
since that we came here at tnat time Simply 10 see
that the writ OF prohibition was pIoPetH M tiue
SOLELY TO see that the provisions OF the VIII are car
RED out When the questions have been declueo
Mr. Wheeler may be present IN person anu you nay lay
parted and the Mayor returned TO his private once
MR.. WHEELER IN THE COURTS.
The case of Commissioner Wheeler against the
uovor was called Yesterday morning in the Su-
preme Court. Chambers, before Justice Van Brunt'
cIers of Film Root counsel for Mr.. Wheeler, said
that he had received a letter from MI Root saying
that he was sick in the country and was unable TO
he present. and asked for postponement OF the
hearing until Thursday.
Mr.. Whitney the Corporation Counsel, who ap-
reared for the Mayor replied that the case being
one of so much Importance, he would consent. out
of courtesy to his opponent. to pcstponement, but
that he should expect the case 70 be ar
gned on Thursday without fail. Justice Van Brtlnt
said that he had also received letter from pr:
Root IN which that gentleman expressed belief
L., ha abl tO Wednesday