The New York herald., 1879-09-28
JUDGE wEsTBRooK's ORDER.

ITS pURpoRT AS DEFINED BY HIM-poLITIcAL
INTERESTS IN NO WAY AFFECTED nY HIS
ACTION.
Judge Westbrooks order to the Board Of Police
Commissioners to show cause why they should not
be compelled forthwith appoint as inspectors of
election the persons selected by the Tammany Hall
organization of the democracy was hailed with de-
light by the opponents Of Governor Robinson. botH
in the republican ranks and among the constituents
of Mr.. John Kelly aud regarded as final blow to
the hopes of anti-rammany to secure the
appointment of their inspectors the rop-
resentatves of the majority on State issues.
In accordance with the law which provides for
their appointment the two Police Commissioners
represent ting the minority have the right to confirm
their own appointments, whereas majority of the
four Commissioners is necessary to confirm the
nominations made by the representatives Of the
majority. The deadlock in the Board of Police is
due to the attitude OF the Commissioners
tho minority and majority question. and
Commissioner French has all along claimed
that he and his colleague. Mr. Wheeler, are the
representatives of the minority and have the right
to confirm the republican inspectors without the
concurrence of Messrs MacLean and Morrison.
while. on the other hand. they have the right to
confirm or reject the appointments of the Commits
siouers representing the majority. AS q compro-
mise. at a recent meeting Commissioner French
moved the appointment or the republican inspect
ors and OF one in each district OF the rammany and
anti-Iainnany nominees; but Messrs. MacI.can
aud Morrison voted against it. The next ad-
vance was made by Commissioner Mac m
who, as an opening wedge to the solution OF the
difficulty. moved the appointment of one inspector
in each district from the republican aud antiTam-
many lists. leaving the rest In allegiance. This was
voted down by Messrs. French and Wheeler. aud
showed her open hand in the matter for the first
time in the application to Judge wesbrook and her
followers are 'IoilAbs 40 % over the result The victory tory
not alter the status Of the case in any way. rt.
JUDGE wEsrDRooK SPEARS
Speaking OF the matter yesterday, Judge West
brook saiu to reporter
II was sitting in Special Term under regular as
signment to II months ago, long before had
to suppose any such matter would come before me-
become the subject OF the controversy now going
on. The order to show cause was presented to me
on Friday morning. because the judge presid-
ing ut the Special Term and the only therefore,
to whom application could be made. The order
the Special Term refused to grant it, and informed
counsel for the applicants that General Term Of
they wished to present should be taken to the Gem
eral Term at once. Accordingly directed that ap.
plication should be made to the General Term, and
the only effect OF the order which have made is to
refer all the questions IN regard to the selection OF
inspectors Of election to the General Term
on Monday for their decision. l recall no
other order affecting the political interests of
this city which have made except the order in the
Nichols case the application in which was made to
me while was holding the Albany Special Term,
and the excuse sor its presentation to then aud
there was that writ was asked for against the Gov
application should be made ut Of the court in
the county in which the Governor had his official
residence. ,iaving refused the application to the
Governor but allowed it as to the Mayor the practice
required it to be made returnable in the city Of New
York. where the official residence of the Mayor is.
The September term at Chambers appointed to
be held by myself by q designation made long an
terror to the initiation of the Nichols proceedings.
and as there was no other term of the Supreme
Court to be held during the month OF September I
could not, as 1t then seemed to me. make it return
able elsewhere without shtrking duty which by
law devolved upon ME to discharge.
ORDERS TO SHOW CAUSE.
'Orders to show cause are regarded substantially
intinlating any opinion on the part Of the judge
making them as to the ultimate relief which should
be granted and repeat that the only effect Of the
order which has been granted is to refer every ques
tion to the General Term tor decision which must
instruct and direct the Board Of Police Commits
sioners to their duty in the premises. That
tribunal will have full power to decide whether or
not the application is premature or unusual and i'm.
undertakon to pass nor to express any
opinion whatever. but have simply by the order
which have made enabled and allowed them to be
presented to a tribunal which know is thoroughly
impartial and learned. and which will determine
them without regard to the political interests in
volveG.
.'Tho opinion OF Mr. Curtis have not read nor
any other opinion upon the appointment OF inspec-
tors OF election. Respectable counsel stated me
that the public interests required the intervention
Of the courts. and have simply given them op-
portunfty to present them. not to me. but to .
tribunal which justly deserves the confidence Of the
public"
THE MANDAMUs ORDER MODIFIED.
During the day Judge Wostbrook made the follow
ing order, which. as will be seen, ia modification
of the order granted by him on Friday
The ss.snoa Of tho Court T having been drawn to the
hereby that OF the prior order Of
ber 1879. restrans and enjoins Police Com
nissioners tho Board of Police from appointing
inspectors of election and poll clerks for the cstyhnd
county of New York In pursuance of and in accordhee
with the of section Is OF
Laws of 1872 is vacated and said modified and
changed require the Board Police cause
place aud before the tribunal specified In
such prior why they should not be compelled
lect such said and whether
the referred in said prior such
persons. tN
1t seems that upon reading the order given on
Friday Judge Westbrook discovered that Its form
contrary to his desire. 1t not his intention
to express opinion in the order to what persons
should or should not be appointed inspectors of
election by the Police Commissioners.