New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-10-04

a. hc said. g. whether Mr. Root was ~ favor 81 cv
operating with ms clients or not. BE 1r't elum-
rated the procecd.nrs OF the Police BoaII
which led 10 The present Application Inc oruer on
this Court, which II claimed by the OF er SIDE
had been dsobeyod, wa an oral one. aud IN s9ns
places wanted ulness of exnression and 10 others naa
redundancy OF language wDich would not nave Dten
found IN written one Ths might iead 10 some M ~.
apprehension OF precisely what ne court deslgneni ns
was not present TO dssuade the court iron -runs
mandauus 20 compel the Board OF f 1nee s ,he
law called them to do; lac proposed to sun
nit 70 sueh order II that was what the other 5ue
asked without the remotest idea Of 4p Nv hoa,a
Messrs. French and Wheeler lad leit the uO"ln-
room aud bud then sent cOun-ei Lere 10 ~
ihey them-eyes prevented. lhe court snou," ~ IT,
tnly compel t1Ose Commissioners 10 perform in'l.
DUDES according To law. without regard TO party, Du.
should also command them 10 20 iurthWith DacA ~
room they fed from that morning not TO ea!e II uhs
tney had discharged tier high duty. II the otnet
siae the two delinquent COMMISSIONER uia ~,
ask for such an Orufr from the court De Ne-ls
20 ask tie cont 70 dlrecr The Board ~ Police
to appoint 70 public Office persons whom TINS court
by nuding out 10 what political party or 10 WHAT
subd vision branch Of a political party they De
loused tnen be protested III tie L. NE oil conoH 'e"'e
and as ice, against such proposition. ,,
Mr.. Bangs then referred 10 the action on MrSsitr
French ana Wheeler. charscfeuzng 10 - being laItla
throughout, and sand that Messrs. NORTON ana MAC
Lean nad yicoed TO tue Republican miuoriy OF nc S
carCcd out a. eudtav0rcd 10 snow that me . pun
can members we've wholly aud so.cil 10 3ihe '1l - n
W.. rot IN ile power OF tue deci0e what par
ucuiar persons were entitled to Ice e.eotra -
uuon It's own responsibility they would under
IKE t. substitute ~ supreme Court Zoe the
police Board. md All tine lacriora OF the Exec'i-
tive, nov out o. range OF the judiciary "olIn Oe o001
Al tn- point George Bis. read an additional afifayit
made hY Me-srs Wheeler aud trenci 10 me e4r,t .s
ihe statement - tge two Comm s.oucr. in r"sri -
tue mornings proceedilg, n the Board-roon : Moor
rect The depoucnts arrived AZ t1e hoarnfo"m "a. o
90 ock. aud wslied quarter 81 an Aolr cor Ia. c.
During mat unie Mr. Ma Lieu came in, "a" tue Two
n.ieIcn. and az once lelt without "of.. NAcI ry
-e.A alrso4 intF scat ior .it '.i.iii' '-t i,''o
reply tlat ne was busy aad wou-a come " cA .e ~
through. not saru- ". 70 mat HDiud n. ON 4-e'r 'i
lis tnnt sir Nnrlson W. nst ln tue "uinh-' '"e-' %
ll- 10 quorum present. tle Board tel l4ict.
fLmu RooI's ArGuMaNr.
Mr. r Dot SAID 90 sas we'll le "a wt- ,'re sreai-
iu Ia behalf ~ Wheeler all frrcl, wio Dr. thr
sentative 4 The Corporation Counsel, Bad now had
their mpasned. ,h-ir acts udiclel ald them
-e,e, aeG up pubic contempt AID d'rison because
they naa endeavored 10 perform thor simple July n the
precise manner which this Court has ordered lie then
rev ewed the action OF the Commissioners 40 their
Bo4lt meetings, asserting that inte'd y doing iaer
daty hy day zoe T4llAay Cos, ul,sole.s hal SAT
-celisfce % tn- Colst. Order -fspbtfic it vas
IN tali tAr Board adjourned unt ta-lollo~' % ol-r
M t,r rhe C,r~or,tion and himself united "A
con 10 lls Court anG asking for process 20 Issue n
.der hat they 10 gl he appointment oi the
rth ,-.t',r All the onis question was what should
be- rue oriu process aud ~ whom Do snouIi De IL
r1iS ne an Mars Norrl.ln and Mclean, or On
..-,(l ,pe and CON "a not ne made one iu any iu-t
100 of s,e word l. dealt with pohlcal parties. for
tlrr relation % tle Inspectors ~ eitloh wa. 20 SO
r1raut subject % Jaw. Yet TIE question before lI-
Court was not OF politics. bat Simply as 70
flr dur, oi a public ohl .er-WnerAer. in III ct,
the two Democratic o. tie t"O hrpu'~ an nrn.ris
of the Police Board had yer ormed their
duties. II seemed muo-,iOe o. refrain from lmpuLug
base motives 10 any vuo Leil oti.". i'r..eus ~
evidence showed that Commissioners French and
Wheeler followed not their own l.ra1 put what ny Tue
aavc OF tue Corporation Counsel and tle Gee, lou 81
tli- Court they orhcv'o 10 be- tnrT dul. Inc heplD
lcau party cared VINO made the election Inspectors
whether Iamu ny or AniI-Iainnlny. Il was simply
Divld Dudley Field sAid thar the Commiss oners had
rird ORDER oi tur court, and tefcl 70 nAu
damus should Issue. me prv' on u' wv x -
mon VINO SIS themselves tie Democratic pTt or tie
Board nsd been q sgrsce a. Iuey did not deny that
every nom nation by Isininany was goou Sua pIop'i
one, but sir. " icL-an SIMPLY SAID 'hlua can uuu
in the parry that think are bette He simply
Ignored the order OF the Court, and huied his legal
az ion the ace 81 the q urt ana -aa NAY "re you
not ak the Court they mu-t tppou this man aud
that man. Dut define tue 1uiy OF the board. Alcu
wa- 10 deal lnpartaily, ana give e@eA part! 1-I
DECISION OF THE COURT.
The Justices retired TO their private rOon az 9:l5
o'clock AID remained there until o'clock During al
this time the crowd waited for the decision The coun-
sci. who few moments before had been warmly OPP
po.ng each orner. talking together or with
the Republican Commissioners. Messrs. NDeeler and
French The anxiety for the result became intense
when the Justices returned the benc aud every head
was stretched forward 10 catch the O"spoken words OF
tire Chef-Jusuce. he saiii
The Court deliver is ouiuon 10 th.' case. which
L. u r.asd 10 pres out order Ell! tf Court aud tA-
negligence ot IN. Board o' fo'e I'D eXeul,ns d. IN e.
resi- - opinion uTou construction OF fAe law. 20
ee.ton of ae representative uf te minority plF lu
tue PoHc. Board wls ua4e. wut o. m4nDainrs Won
.u % -, b. lc,,,,.rrv All h., state and without re-
s.rt 10 local Issues or organic mons We sf nave no
eo.'' "a nv ~ ., Board Ii selecting inspectors
ALA. u IIa II.Il "a 4 Il 4
representation or as the lfw Jaws 10 down. 20 secure
~, ,r..ftr non As wollt have assured honesty IN
~ Ion and ~ the counting r the returns. For that
nur'o-r 10 VS. ratve tIaf the representatives, ~
if MY .nouf not DE- limited faction That party.
-i1cr tae construction OF the Law, Dy opnion oi tis
COURT faf occasion. W Iriif-ri. lur BOARD At.
rn coded to take sort II action, having appointed, ia
conformity Nltn tier dut' tne pace "t.iiFc, oI ic
minority. A. question tnhrhiAS iLti il j. therefore
eliminated from the case; 'ut tAe b'ta LIS Do' pro-
crei,d 100 -p@rt to th" representation q" me majority
party oaformiY WIN tne "pini"n A.uolic,. OBJ ,u'
Court o fie contrary thef nave a. poHri Ion q ser
ton or faction Il mat party one inspector T." each ere-
ton district In n,Ains nos az o n ,'u,s "y ~ ne n,
ihrd-or ~ round numbers -vDVV ID ats ~ .ne
Statr-wAicn is rle ference between tnte "rS' -
fn. al he last 81, ctiuo the euure party nave Oevn
allowed any r"prrsr taii'n OF ''''n W. w
Two-nn- Of Tie democratic parry have oten elt VIII
Ieas he Gu.y Of the Board. in making the selection
10 fe..uf nDta-thIf D. fU say 70 hnN 81 ecitd rom
tLc combined local or-suiza IONS proprr ana 81 mrn'
without Ie-diu tu li-I ''e .Du .f ,,,, ,t ~ 80
Bui t4ese Hp. ointment hsFe hceu manf' Hhu ~ s hut
ferc with mem 1heTe EFT. Neyer large NUN
her of stricts iu winch pcctprs have -ll To DEE t
should Doe selected from the twu-lidh oI ne
u. uocrntic Parry that are witloui repr seniston.
Tie Gu unanimously iAuh3 t'i % WIS ne 'uiN Vi
the Board after having ti4eB such aeon - Was t"k'
seeming in the minor tv Of sne majority party insUec
tors of elect repre-enng them 10 tAr x cHt ul one
10 each district that ~ wac aud Is Tue duiF' uhurI
= f.rr conservation o. the law. for the purpose -
securing representation Of the whole nOdy OF
tne majority party, - proceed 10 select the
remaining inspectors from the organ 1atou An"wu a.
T4mmany Hall Loud applausc.I While We are NJ
apnoa without di,s douo that tHis l. the true
construction o. laE aud ought io Dc carried OUT We
have nevertheless Oeen unable 90 agree 1mJns our
vas win unanmtv 70 toe e1Hci form OF NJ Orrr
tbat snail issued tul- Court We ali concur tnat
mandamu- sb.u l1 issue IN the chst out some aouo.e
arc entertained By some members Or th- Court a. 10 Tie
ur-cse form and Viii therefore De reserved bui
b. pc that m the nrantne Tue bodfu % 'pinuis
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