New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-09-03
fectcd and yesterday the marriage took place. Loi'
has recently come into possession of Ssoooo.
yn,E POLICE COMPLICATIONS.
NOTHING YET SETTLED.


hers an motion for n return by the Mayor 20 the writ
| of certiorari John ID. Townsend counsel Tor Mr.
Nichols asked that the return DE nied AT ONCE 4. ~
Bangs, ON behalf of the Mayor. askeu 'na'S'".
time in which mako the return DC eA'o""
until after the hearing and decision OF the eehera'
Term OF Tho appeal FROM the order directing '"e wiz
10 issue He thought that Special Term shouiu no
proceed in the case until the General Term had
its oploon. lie desired that the qnesuoh ""o"0
Special Term had jurisdiction In the matter s"ou'
decided before the writ should issue MI ~"
that n the other side was really DESTROYS OF h"'"e ~
General Term pass upon the question, the oe''' wy
would Do 10 have the h airing now, because tneio
he General Term in October, at winch II co"iu w
heard more quickly than upon tue orig'h'i apP0''"
Mr. Bangs said that he pnt the application solely upon
the ground that an appeal was penang III 'io "
Term that proper respect should be SHOWN ~ tue nPp
late Court and n stay should be granted uhti tue ue
csIon received. - 1900.
Mr. Townsend REPLIED that IL would be very proper
tbip for the court to take into consideration wha' sort
nj enpea IL was might be set ASIDE on INC erou"u
that there Is no merit In H. Inc Wit OF oer"o'"ii was
n specal proceeding, and Ibis would ne an "ppea' o"
AN order affecting u substantial right anu upon ""a'
ground had the Mayor any substantial right IN the mere
issuance OF thie writ
Mr. Rings claimed that the Mayor has the right OF
Executive authority over tfc heads OF departments
with or without any record except Dy me GOVERNOR
Mr. Townsend replied Il a. the Mayor was Simply
called upon to produce certain papers. for which the
would he after the retu If the papers was not to De
Gccrmned by suggestion II the other side wanted the
General Term decide Tie question. let them decide
upon lie merits. He cOnteuded that Mr. Nichols had Al
absolute right TO demand that this ret"Ih DC hue DC
ioT West6roos asked Mr. Bangs II he thought
n stav should be granted which would prevent the de-
questions of law involved In the application lie sup
posed that ono reason why the stay was askeu was
verse this order upon the matter OF Wsctriln, With
would end H. aud prevent Tue oase from sSnE Mined
Mr. led
the aud decided that the Special Term was hSns
within It's Jurisdiction, then che suoserveni proceeahxs
in The cour below would be upon more assured basis
He supposed the easiest way To get cOiect con
insion vas 10 axe an appeal directly 90 the General
fern upon question OF jurisdiction, ana then argue
MI townsend said that the client whom he repre-
sentod was so far Justice NcstDrO0ks decision eA
tended The proper person to hold the office OF Police
Commit. ss0ner lie desired return In order hat AL ope
portunity might be afforded 10 test The question
Justice Westbrook SAID that he understood The position
10 be that Mr. Nichols wanted formal decision ieNoIs
Ing Mayors action so that he might noa Once penu
decision in the General lerm' Wei o eas iuG o
side did not want that decision uhn tney goulu lnc
test question. To this proposition MF. TOWNSEND as
one'iion preseuted was who should be determined 10y
the Judgment OF the Court 10 be the Comnssloner a.
The case stood there no decision affecting The iltei
there was simply cecson touching the merits OF Tue
Gaze. There had boon no decision ainrmlng that pr
MAINS ar Counsel wanted was an appeal from order.
because With order simply standing there wSs no
Nichols Illegal lie then informed Mr. bangs that he
would Give him reasonable time TO make the return
ring thar he had not had lime to prepare return that
that he would require an additional period Ol twenty
DAYS , a., ,,,o.o,
claiming that these applications for extension OF
time were merely Tor the purpose OF delay. Alter the
reading OF the afdays Mr. Bangs asked Tor delay OF
| twenty days. and SAID that counsel charged
with the responsibility OF defending the Mayor OuBht
moi 10 be- required To make a less than that
ncr,"d Of tinpe Mr. ownsend then asked that It be
stipulated that the arguments should take place az he
expiration OF that time. He expressed The belief that
tie object OF other side was simply TO get II over
this term, hut this positively denied by Mr. bsnss
The Judge said that the case involved crave ques'ons
that would have to be passed upon by the court OF last
| ernment that this point should be settled.
| Mr. Whitney said he hoped the extension would not
prejudice any motions which they might hereafter
The Judge replied that the question then be-
fore him was the application o. extend time TO make the
return until after the hearing and decision OF the appeal
from the order directing the writ 10 issue lie would
take the papers and reserve ms decisoh' WHICH "0dio
only be on The matter before hiul-
NOTHING NEW IN THE WHEELER CASE
II was a dull day at Police Headquarters, Two OF the
Commissioners, Messrs Wheeler and French, being at
Saratoga preparing for the convention Commissioners
MacLean and Morrison IN their rooms all day, but
they had few visitors Commissioner Morrison said lac had
received no communication from General Smith since
the note In which he characterized as trcspasser
and usurper, lie had answered that letter did
he intend to answerit SO long he was advised that he
had a perfect legal right to the office he I'm, in
Commissioner As to his occupancy Of the room FOR
| NOR
had been assigned 10 nun Oy tne OlnS Commissioners:
He did not believe that the two Republican members OF
the board would sultfy Themselves 80 fa rs TO rccog
nize General smith "A commissioner. In recognizing
| Commissioners Morrison IA General SMITHS successor,
ings they mad virtually repudated General smith .
| clain. Commissioner Morrison also SAID That nc
thought General smiths letter only written IN order
To with the legal measures he proposed taking
| to have himself rensaied
Some who claimed 10 he well informed said that after
lie Renn5cau convention and before the Democratic
1.n finn M
in the affairs at Police Headquarters. and the Republic
can memoers would rscogniz, General Smith They did
not state however. how the change would be brought
about. Ii was said by weIknown politician, that. had
the Board OF Aldermen held their regular meeting yes
terday Mayor would have sent In the name OF sher
idan Shook 10 succeed Commissioner Wheeler. As the
Democratic Convention WIN DC hrin next week mere
Will probably be no meeting OF the Board II is said by
some that when the next meeting Is he'd Mr. shooE 9
Ill be sent 10 the Board Mayor Cooper refused
to discuss the question.
Commissioner Whecler's case came mp before the
Mayor yesterday, but was adjourned for another week,
decision has yet been given by Judge Van Brunt.
| Neither Commissioners Wheeler nor his counsel was
present. One of his COUNSEL said that he OF the
opinion that the Mayor has lost all right la try the
tcans say that Commissioners Wheeler's salary viii be
stopped every month hereafter Until he refunds the
buttons for the Police Department Ii amounts TO
- 900 and distinct account from that OF the Equip
CITY CHAMBERLAIN. these politicians claim. he acknO vi
edges the correctness Of the Mayors charges
COMMISSIONER WHEELERS CREDITORS.
The creditors of Police Commissioner Wheeler
met Yesterday at the Office OF Bankruptcy Register
Dwight, at No. Beekman-st 10 confirm the compost
| ton OF 10 cents the dollar. Mr. Wheeler not
present and unexpected opposition occurred the part
| or creditor Daniel II. Mills whose claim amounts to
| $3.50. Mr.. wadegrave Harlock appeared for Mr..
| Mills aud asked adjournment, as Lac had received
such short notice that lie not prepared 10 proceed
| az once and would Ike time to subpoena n
! dozen witnesses. lie said that he intended TO
| show outside the papers that the composition
! WINS not confirmed according 10 law, aud that IL
was not for best interest of the creditors Reg
ister Dwight called for the papers IN the case and
upon examination found that OF twenty-five creditors.