New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-09-10
LOCAL MISCELLANY.

THE STRUGGLE OVER THE POLICE BoAhp'
ARGUMENT ON THE MOTION To vAcATE JUDGE IN
GAus's STAY TO BE HEARD To-DAY-NEhIiN"
op THE BOARD.
The argument before Judge Westbrook. In SUI
pr,me Court Chambers. on the motion to vaca'e '"o
stav of Judge ingalls, in the action OF commissioner
Nichols against the Mayor. was not finished yes,er
dav. Mr. Townsend read the atfdsvits on wnicn
Judge ingalls, granted the stay and the ainuaVl' Oh
Commissioner Nichols on which the present order
70 show cause was obtained and which was printed
An substance in The TmBU 4 yesterday. Mr.. Bangs,
an hehalf Of the Mayor, read counter-affidavits
One by Mr.. MacLean denied the statement
of Commissioner Nichols. that tho latter
had not recognized him Police Commits
soaer After his rooms had been assigned
~ him by the Commissioners, Mr.. Maclean
says that MI Nichols called at his Office and per
ecnally recognized him as such Commissioner, ana
offered him any aud all assistance he could give
him in the discharge OF his duties In relation
thereto" An affidavit nv Henry T.. Knox reei'eu
the occurrences before Judge ingalls, ana aNerIVu
that the latter was made acquainted with all the
proceedings in the case before he granted the stay
The aiiidavits of Mayor Cooper and Mr.. Bangs re-
lated entirely TO the technical and legal phases OF
Tie case In answer 10 similar afidavs on the other
side -, . r .Lo
III.
MOTION Judge WestbrOOk said that he had an en-
gageacnt within half an hour and 1t would therefore
BE- better 10 adjourn the mstter until II o eIoe
This morning. This was accordingly agreed 10, ana
the motion will be argued the irst thing TINS morn
inc. Before adjourning, Mr.. Townsend stated that
the question would resolve itself entirely into one
OF venue. aud that their position would be based
Principally upon sections 71O ana so Oh the Code
Of Civil Procedure:
court county judge Is wholly or ri Ieusou OK
granted conditionany or on TERMS suosegn ~ ~ sb
in fpf(r 10
OF proceedings shall be inaue Only 10 ine
came Judge the court II il Is made 10 an0teriuoge
ont of the court an order granted thereon must lie
Gated by the Judge who made IT. or II lac n absent OF
o. Se court upon proof by afdsvi Of tie facts
return other paper III a special proceeding a.,
before Justice Of the supreme Court must ee nled
with the clerk ~ "a county designated by the justice OF
II no designation Is made by Lin. OF county where
of the parties resides.
The question as to who shall preside in the Police
BOARD not solved yesterday. Commissioning
French empowered 10 act rs chairman unll
September ~, and there the matter was allowed TO
rest. At the suggestion of COmmssioneI French, u
was resolved to investigate Superintendent Crow
iey's mode Of conducting the telegraph office nv
Police Headquarters. request by Commissioner
Allen Campbell that police officers be Instructed 10
aud and give cOuuteuauce 70 the efforts of tie De-
partment of Public Works TO remove street and
sidewalk distractions. was granted with the stipu-
lation on the part OF COMMISSIONER MacLean that 10
"unlawlul" distractions only should the lnstruc-
tons apply.
The subject of the appointment Of election inspec-
tors was approached cautiously. Inc timo Is very
near when the inspectors must be appointed, but
tie Corporation Counsel has not yet advised the
Board regards the action 10 be taken on the lists
now before II, and the three files OF Republican,
Tammany AM Anti-I ammany nominees we're lald
OIL one side Commissioner Naclea offered the fol
lowing resolution upon which oil voted AYE
RtsOlrtd That the Chief Of the Bureau OF Elec-
tiOns be authorized to make such inquiries of the
men bers of the police force as Will enable him to
recommend proper polling places for selection by the
Board of Police.
The sum of $50, 500, in addition to the $4,000
appropriated iOT the expenses of the Election Bu-
rcsu tor the current year, was asked by Cmef
OBrien, whe explained that the new appOTt1on-
ment ana consequent increase IN the number Of
election districts called Tor this additional amount.
A. there was 40 authority for the appointment OF
inspectors so long the money was wanting 20 pay
them, he requested that tine Board take the proper
steps 10 secure the APPROXIMATION.
" Never mind" said Commissioner Morrison with
q smile, " We Will rppOint the Democratic Inspect
oTs. There viii be money enough for them.
Everybody laughed. The suggestion of Chief
u !iucn was acted upon.
-Four officers were dismissed the force on Commits
sioner NacLcan's notion. Oniccr james Glhooley,
of the Fourteenth Precinct, fOr disturbing meeting
Of Chinese William lally, of the Iwenty-seyenth
Precinct, for ahseuting himself from duty Wi, bout
leave George 7. Muller, of the Tenth Precinct, for
leaving his post 10 20 ntoa drinking saloon: Michael
Nolan, of the Iwentv-nnth Precinct, was dismissed
twice In succession, two complaints of aggravated
assault having been pr feuod against him. and dis
inissal being the penalty of each offence.