The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-08-12
THE POLICE BOARD MIDDLE.

| ALBANY no BE sIGNED-THE CASES OF GEN.
ERAL SMITH AND MR.. WHEELER.
| There Developments in tho Police
| Board middle yesterday beyond temporary organ
ization of tho Board. Nearly all the prominent po-
ltical leaders well the lawyers who have taken
an active part in recent political history
absent from the city. and owing to this fact there
was less public excitement the subject than has
existed for several days past. Mayor Cooper at
his Office early but when approached had nothing to
say on the uppermost topic that disturbed polit-
clans. Comptroller Kelly was still at Saratoga Mr.
Sidney p. Nichols at Monticello n. Y. and John
ID. Townsend, Of his counsel. was ut Lake
George
Mr.. John W. Weed. the latters law partner. left
for Albany by the nine O'Clock train yesterday morn
ing with the writ of certiorari. amended directed
by Judge Westbrook by the omission OF Governor
Robinson's q correspondent. The writ will
be signed by Judge Westbrook and the service prob
ably made upon the Mayor to-day.
At Police Headquarters affairs almost as quiet
graveyard. tact which was in striking contrast
with wonted morning scenes ut the marble palace
when Tammany politicians were in the habit OF
swarmng to it their Mecca to grind political axes
through the two Tamnany Commissioner Not
single familiar face to be met among the limited
number who timidly fingered in the corridors yes
terday.
GENERAL Smith.
General William +. Smiths counsel is Mr.. Willard
Bartlett. but the latter is in Europe The formers
is therefore in temporary charge of w. o. Bart
lett. HERALD reporter called upon the last named
gentleman yesterday to ascertain. If possible. how
much truth there might be in the rumor that GEN
eral Smith intends to demand his seat in the Board
claiming have been illegally removed. 1t
learned that both Mr.. Bartlett and General Smith
absent from the city, aud were not expected to
return until to-day To ascertain something definite
| reporter
quarters i'll the afternoon and saw Police Commis-
..Have you heard" the reporter asked "the rumor
that neral smith intends to demand his old seat
II read something to that effect yesterday in one
of the papers glanced over at Oyster Bay. where
was spending Sunday"
"What do you think OF it?"
"All have to on that point shall be plain and
to the point. You are at liberty to print 1t if you
choose 1t is this:-I am here and propose to re-
main here as long as my commission lasts, unless
elected by proper process. or unless shall feel
disposed to ask the Mayor to relieve me OF the care
of the Office"
lis the Board ready for the transaction of official
THAT is accomplished by the temporary organiza-
ton effected to-day. We organized with Com
Commissioners MacLean was made temporary presi-
dent. or until the next meeting. We passed the de-
partment payrolls and street cleaning payros, ana
attended to other and minor details. business is
now running smoothly.
THE rAMMANy VIEW.
Knots Of local politicians at different points dis
cussed the situation OF affairs. with nervous man.
ey Ha r is 70 Of s
pretty freely reflected by Alderman Roberts when he
in to an BY the
stew, with Sammy Tilden stirring the pot. But it is
very easy foresee the result. Tilden and Robin
son win destroy themselves. They are both doing
all they to destroy Tammany Hall, but in their
zeal they will find that they are pulling the temple
down stone by stone upon their own heads. Tilden
is playing desperate double game to win and for
revenge. The Democratic State Convention will be
memorable gathering. 1t will either be very quiet
or the turbulent that has gathered in this state
for many years. 1 have no tears tor the result.
Tilden must be crushed now or Tammany Hall must
make up its mind be crushed. Politicians
selfish. 1t is human nature to be selfish. Therefore.
Isl likely that propose to stand quietly by and
watch Tiiden prepare the gibbet by which we are to
COMMISSIONERS wHErLER's CASE.
Corporation Counsel Whitney will appear before
Judge Van Brunt, in Supreme Court. Chambers. to-
day. to answer for the Mayor IN the matter OF the
Wheeler has obtained. To the reporter yesterday
Mr.: Whitney said:-'I have had very little time in
which prepare proper legal brief in . matter of
great Importance this. affecting not only the
rights of the Mayors appointees. but restricting
him from doing that which the Legislature says he
not only may but must do when in his opinion the
necessity exists. My verbal argument viii be brief;
comprehensive defence which shall submit to the
Judge"
the argument you will makc?" he was asked.
II shall make several points which consider in
conference.-the. but the main point upon which We
depend, and which think strong and well TAKEN is
that If the facts alleged in the writ OF pro-
|
technical phrase in this case. writ of prohibition
can only lie from one court to another and cannot
would place that official between two fires The
| Legislature might impeach or the Governor remove
him If he obeyed the writ and violated direct state
he would be liable to punishment for contempt OF
court"
what is the proper remedy for a removed official
who feels himself aggrievedY'
THAT is a question on which I not prepared to
| give decisive answer. OF one thing am certain.
| however The proper remedy is not writ of pro-
hibition. and think shall prove that to the salts
faction OF the court.
AT POLICE OBSERVATION-DISCLOSURES BUSINESS
TRANSACTED.
Police Commissioner French returned to the city
yesterday aud was in his Office at carly hour.
Messrs. MacLean aud Morrison. they
heard of his arrival. went to the treasurers Office.
where the Board meetings held. Mr.. French
joined them in few moments. and on his motion
Mr.. MacLean was made chairman of the meeting.
Chief Clerk Hawley read a copy of the Governors
approval Of the Mayors removal Of Commissioner
Smith, and also a copy of Mr.. Morrison's appoint
ment his successor. Both documents
| dered to be spread upon the minutes.
The Chief Clerk called attention to the pay rolls Of
the Street Cleaning Department for the month of
July amounting to S39 53S SO, which had been wait
ing formal approval since the LIST inst. They
passed. to the great JOY OF the employees, numbers of
! whom have been clamorous for u week past.
bill OF $40 80 for the annual license and inspec-
ton of the police boat Seneca ordered paid.
Prompt attention to this matter made necessary
by the Custom House people, who threatened to
| seize the boat.
A number of routine reports were Ioad and appli-
cations various kinds referred to the appropriate
| committees.
On motion of Commissioner French Mr.. MacLcan
| was made president OF the Board pro tenn This
done that subpenas may be issued for witnesses
in the trials of delinquent policemen, the power be-
ing vested in the presiding officer.
Commissioner MacLean moved that Commissioner
| ha ned
sioner Smith on the Committee on Repairs and Sup
| plies.
| Commissioner French thought 1t would be better
to wait until Com missioner Wheeler returned before
filling the places the several committees made
cant by the removal OF General Smith. His sugges
| ton adopted
her occuned by Srnit