New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-10-07
RETURNS TO TIE COURT.
hEllhNS ~ I'M NV''hi
TIE JUDGES DECIDE TO TAKE No FURTHER ACTION
UNTIL TO-DAY.


The General Term of the Supreme Court
took up yesterday morning indamus against the
Police Board Mr.. Root said that the Commissioners
had unable to upon the form OF their return
The Republican Commissioners would make theirs "ut
separately. aud he was expecting It every moment MI
Bangs said that he had called upon Commissioners Ma
Lean and Morrison sunday evening, and bad explained
to them the necessity that return shond be reaoN oo
fore noon or Monday. David Dudley Field said that
the returns were not In within short time he Wouu
move for attachment against the four COMMISSION
ers Mr. Bang said that the counsel for Commissioners
MacLean Morrison had tried TO nave the oruer VI
the Court obeyed.
The attachment Is not against cOunsel oni "-"''
the Comma sioncrs," SAID Mr.. Field
ChieG-Justice Davis laughed, and said: IL appears
lust now "a il your clients were more IN contempt o
counsel than Of the Court" ILaughterI
The Court then took recess and mot again NJ
o'clock Mr. Root read the return Of the Republican
Commissioners Mcssrs. French and wheeler. II de-
cared that they mad "done all in their power to obey the
Writ but they had been embarrassed and obtruced by
their two eo-Commissioners, Charles +. MacLean ana
James f. Morrison. in such manner that an additional
and fourth inspector OF election had been appointed III
only 3s4 election districts cut Of G7s into which the
city and county divided"
ChiefJustice Davis said that the work done by the
Commissioners earnest OF their purpose To obey
the Court They would therefore wait for he otner re-
turn Mr.. Bangs came into Court half an hour later
with the return Of Commissioners MacLean and Nor
rison. 1t SET forth the proceedings before the Police
Board for saturday and yesterday. including the feso-
lutions which Commissioner MacIean asked for the
Interpretation OF the expression Tammany Hall
Democracy"
Mr.. Fi,ld moved for attachment against Commits
sioner MaeIan and Morrison reiurnabe forthwith aud
non-lailabc, the ground that it maiiicst that
there intention to obstru't the action Of the
Board respect to obedience to the Court" Mr. Fcid
declared that the return was evasye. He asked thar
the Court consider il in with the return OF
COmms soners French and Wheeler. and have The other
two Commissioners brought before the Court have in
terrogntories submitted 10 them and their answers
taken then they should submit 90 the consequences.
Mr.. Bangs said that Commissioners MacLcan and Nor
rson had only intended IN their return to indicate 10
the Court just what had been done They awaited. be
said any further direction of the Court CmeiJustce
Davis said:
10 far as the papers show upon the face Of the returns
the Board seems have been acting with reasonable
diligence far could be expected wnen the ileh,-
we referred may Dc the basis Of some suggestion or
motion hereafter We see 30 good reason for any mem
Der OF the Board doubling what the Court nended, a.
PI'3 ,e oi,if.vit has defined vrrv distinctly what
he unders God bc the Democrat r-nzaiiou ct the
49, othcr Uw.ver fhr Court cannot SAY on these re-
turns that the Commissioners net proceeding mas
much as we not able 10 IN selecting these IN
sncctcrs they Az, moi made the examination required
Tor fhe urpuso of determining whether they POSSESS
the qualifications prescribed The return sl"" thai
Great deal o controversy arisen respecting The per
sons 10 be appointed OF whom have ben rejected
and accepted OF course, the order required these
o proceed with all diligence practicable IN max
Ing the selection md III doing there must n"ccSsar
he a personal examination IN respect 10 an per-
sons proposed. II may have been out that, how
ever we are not condition 10 say. that
members of the Board have been peIsteniy ededyoi-
ue 10 secure the appointment oi persons tho
harmony with the oraanzaion known a. The IdIninany
Hall Democracy, and 70 force that seocon npon Their
cot oinnisslOner ii they havcbcrn guilty OF that line
Of conduct rorsstey. and 10y THAI III ans have DELAYED
appon ~ these inspectors, and that iact Wer"
clearly established, should regard them as IN con-
tempt. But II al present appeals from tine papers
we THINK we ought postpone further action Tor the
final ruin which must lie made al the coming ia Oi the
Court tomorrow AT 10 o'clock. In the meantime the
Comm proceed aud baby VIII be able
by that appoint the Inspectors IN iu II al
that fiue any facts laid before tending To show
that these Commissioners have been m contempt of
Court and wfu niscOnstrucii0n OF the directions OF
Court In any other form, the question VIII be
fully before