New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-09-25
81 o5r, being III cents lower than the highest price
qHE COURTS.


ACCUSED OF SELECTING JUDGE.
SHARP WAR or wOTDs BETWEEN dENEhAi
TRACY ANp CoRroEATfOS COUNSEL D. WITT ~
THE BROOKIYN CITY COURT.
General b. +. Tracy applied to Judge Nell
SON. IN the BROOKLYN City Court yesterday to have me
injunction granted Tuesday - prevent the iui'"h
Municipal Gas Company from tearing mp The streets 50
modified ~ 70 allow The company to continue i's "ofA
pending the decision OF tie motion 70 continue me IN
iunc;ion CORPORATION Counsel De witt objected, ana
the Judge remarked that days cessation OF "orH
woud not iniure The pany, ana that he WON" h'"
the argument this morning Ihcreupon Genernl iI"o'
said Ths Is the work ~ men who are acting III INV
interest the old gas companies. nnd u mas p"'" u"
ranged in caucus have had authorityto lay pipes
and IN do tbe work We do the work in which we are en-
eaged-the authority or the Board OF city works anu
Of the Police Commissioners. Tho Corporation C"nnsel
got this order int when the Board OF CITY works hau
given permits and the company had given Donds ID
$4,000" Mr. DE Witt replied that since the injunction
was granted on Tuesday the defendant had hagranly
and utragcously disobeyod the order The company
was q rcspasser the streets without any show OF
right or authority and the Court ought In the interests
OF the public. 10 protect the city
G,uerol Tr,cy-You have got the matter into court
where Of the judges are notorousy disqualne 20
act have TO know That II Is the Result oi
Mr. De Wilt is false. There has been no caucus 1t
The court-You mean. Dir. Dewitt that 1t is mis-
take. go , ,.,. -
Mr. De Wtt-No sir; / viii characterize " as u de-
serves applied first Ia Judge Pratt, In the supreme
Court ana be- was dIsquall led Then applied 10 Judge
Rev uolds and he also disqualified. Both heiu RaH
stock fouud that Your Honor was the Only judge lh
The CITY who was holder OF stock, ana there
fore | came to yOu- -, 49,.
General Tracy-I know when and where the caucus
YEAS held Tine matter was brought here when u WAS
known that only ont Of three Judges c0ud near IT,
and that General Term could not be- had 10 pass upon
an appenl. 80 lawyer practising IN thlS court mas
greater respect for His Honor than l. or more compete
confidence In hin. But I know the situation ana me
motives which mpe this action. a. Wen n IN" lhul-
euccs which brought this matter Into ms 'nutt, III '
hone that IL could used for what another Court coui
not. 1t
What ne saws l. rid and impairment, rs wei rs
false and / treat ii with absolute contempt. -.
The CDurf-There j. no reason 20 suppose GLat tIis
Court or its Judge selected. Every suitor mas
right To come here. - 49,.
MIR De Witt-Ihr only reason why the company mas
been allowed far M n has gone y hechuse lr
president of the Police Department T. inc chl' nhheei
of the ga. company. Durn- the Mayors sirkht-1 ihc
work was allowed to on becau-c me company nan
the favor the police whose business 10 was 10 stop tIc
work al the very first start
General Tracy further stated that the matter was
brought INTO Court for special purpose, Hn sld
thnf n twenty years practice he had never selected
Julgc Mr. D. Wit retorted that the Gtnertls lhs1 -
lions were hollow. iippaut and mean.
Judge Nelson refused 20 modify the Injunction, ana
said that he would hear the argument at il OcOcA 10