The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-03
THE ALDERMEN'S RETREAT.
CONCLUDING TO OBEY THE ORDER or
the SUPREME COURT.
All hut One or those Arrested In brooklyn
Resolve, ConditiOnnlIy M Longer 20 Sup
port the Claim OF ConRressmnn O'HeiIy.

All hut One or those Arrested In brooklyn
Resolve, COndttiDnnlly M Longer TO Sup
port the Claim OF Congressman O'Heiiiy.
The Brooklyn Aldermen's chamber was,
yesterday afternoon. throngcd by politicians
anxious to SEQ whit action the sixteen members
Of the Board. under arrest for contempt OF
Court. would take about calling special cleo
tion in the Twelfth Ward to MI the seat OF Con-
gresham Daniel O'Reilly. Tho fear OF de-
cson by Judge Gilbert to-day adjudging them
in contempt and imposing henvy fine. led to
n break in the previously solid ranks OF Con-
gresham O'Rcilly's supporters. A caucus was
held by tho Aldermen under arrest, which bo-
came exciting under the division OF opinion rs
to whether they ought to yield TO tho situation
or trust to legal measures to prevent their be-
ing punished, Most OF them were ayerse TO
running any risk Of a fine Of $500 or imprison-
mont for from thirty days to six months. and
they went into the Board ready to purge them
selves. II possible. OF tho contempt. Accord
ingy Alderman Aitken offered the following:
R.gi,oi That this Common Council hereby order
held IL that Ward on the 3Iih day vi June 1879 Pro
mean tine the Seci.on u az Supreme Court IN
he Common Council ,hsn hi. re solution shall Je null
and VOID
Alderman Aiken Mt once demanded tho pro-
question being ordered, by vote OF IA To y. the
resolution was adopted, 20 to 4 the NEGATIVE
vote being east by Alderman Powers, one OF
those alleged to be in contempt. Alderman
Powers had n resolution to Offer consuming Cor
p2raiion Counsel De VIII Tor the advice he bad
been arrested, and FALLING upon the Law Com
mttec to inquire whether the Corporation
Counsel Ind given the advice wliullY, and, III
case they disrovored that he bad. 10 takO steDs
TO remove him. The hcpuoIiGans. however, as
purripd adjournment of tho HDurd.
As soon rs tho resolution began to be discuss
cd the Aldermen who designed To have II oper-
punishment for previous alleged contempt. bo-
gan to be seized with the unpleasant feeling
that they had made the matter worse. because
they were told That their failure to positively
order m election Internationally WIS APT 10
opernte ~ an aggravation OF their offence. Al;
ready bcfor,uho Court CITY CLERK Bishop said
that thure WIS n question M Ia whether mn cleo
ton could bc called conditionally. and he never
heard Of Il call for an election made subject 20
tho contingency ~ a reconsideration Of the call.
lie should send the resolution a. the Board Of
Elections whose duty II WIS to call the election
Mnyor Howell sont To tho Aldermen his veto
Counsel e carry no case q the people *, rei,
Thomas Kelly against tho Common Council To
the Court OF Appeals. and added:
tn. Preceding !; sdyisd i cannot Hs expected
vn,r ireV,e.. s't.n un,u The as.tinn ~ ,ri,,,n .r
,ecHon "a ths f~e9h Nard 'g gu the vaeaney eNl''lw
members " Your body may cntrtain respecting your
man,,rst ia, y"ut c"sc he hte, n,rnc
with in-chirt and T. variance with sound ruiey aud
Cuiuut Dec Upheld iu law or reason Your counsel may
have acted in o. lis sensc 81 pruprety lut ny JUDI
mrnt hl uruu las outsi' pped the confines 1i his duW
a. CORPORATION Attorney ami counsel The pari ho has
taken counsel Tor individuals and the service he hp
rendered go their behalf AGAINST the oiy his assuming
trutt under TpsuluuNu ct Board which has not
been esHh sltd 10 u lee In disrcgard " his
official relation tlU OF Brooklyn and his oath
oftctr the city, his wisdom In ur.Iug this case
the pruysiu. ~ the charter qucsunahlr his
anagou.m 60 the Curporaton IN defence ~ any man
seems TONG 90 b. UNJUST AZ not presunlpIuOus aud de
! serves cuuie muAuun
/ CORPORATION Counsel De Witt yesterday OBJ
| taiued from Judge RapRllo In this city an order
placing the appeal on tO-days cnendhr Of the
! Court Of Appeals and requiring the counsel ot
Thomas Kelly 10 show cause at 10 O'clock this
! morning IN Albany why tho appeal should not
! Zee brought 10 argument forthwith. The cOun-
! se Tor both sldes started for Albany last night
! The Aldermen viii. nevertheless. be compelled
! t. attend Judge GiiDrrt's court to-day. " DO
punished II he declares them in contempt.
the Board OF Elections. It IL expected. will
! call the election. rs ordered. but II the Court
! OF Appeals should not afiirm the action OF tho
General Term, the election having been called.
must. II is held. be gone with and II 1t Is le-
| gal. It's result will amount to nothing.