The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-04
SIXTEEN ALDERMEN FINED.
SENTENCED TO PAY $3.50 EACH FOR
CONTEMPT or COURE



O'KeIlIy-The Case In the Court Of Appeals.
Tho sixteen arrested Brooklyn Aldermen
entered the Supreme Court in Brooklyn yester-
day. where Judge Gilbert WIS sitting. to hear
his decision in tho cnso Of their alleged con-
tempt of court in failing to call n special cleo
ton in the Twelfth Ward to fll the seat claimed
by Congressman Daniel O'Reily. They were
plainly nervous. for they had been told on every
side that Judge Gilbert was indignant at their
defiance Of the courts and was going TO deal
with them with severity Corporation Counsel
De Witt had gone to Albany where the case was
10 be heard by the Court Of Appeals. and Mr..
William A. Beach appeared for tho Aldermen.
Mr.. Beach read to the Court the resolution
passed. by the Aldermen on the day before. by
which thev called special election. ms ordered.
for June ~. provided that the Court Of Appeals
did not in the noun time reverse the decision
OF the supreme Court In behalf OF the six
teen Aldermen Mr. Beach urged that thcy had
hcted under the ADVICE OF Official counsel, ana
that II they were TO be exposed to the penalty Ot
9hcyIng the advice Of the counsel selected hy
law TO advise thom, IT would be dangerous To
hold their Offices. Tho Court had held that that
advice was wrong; the Court Of Appcas might
decide differently. He concluded that the court
would act adversely To the defendants. but he
asked TO have the order llret lllcd so that they
might appeal before ANYTHING was done against
the defendants personal liberty.
Judge Gilbert said that be- had cons ldcred tho
case carefully ana reviewed the whole subject.
cludcd that tho defendants were guilty OF dis
obedience To- an order OF the Court. They had
lsuu,iyeu tno VIuor on tne 'ouri' anu llirh on
TUNED stay 81 proceedings. The question M
to whether the disObedence was wiliul or
criminal. druNdrl ON whether there WIS rca-
sonhble or probable ground, or whnther they
sought occasion or excuse for disobvying n
plain duty. There was no ground Tor misap-
was therefore the plain duty of the Common
Council to obey There was ON this question n
decision Of The legislature agreeing with the
mi In Holm A
branches Of the Government. and after the
various declarations by all the coordinate
branches Of the Government. IL could hardly be
said that the respondents did not Mt wifully.
The act OF the Common Council on Monday was
the only ground for mitigating the punishment.
His sentence. therefore was that the Offenders
should be fined SljU each. and stand committed
to the common Jail until the fine be paid. their
confinement. however. not to exceed hirty days.
There Was applause in the court room as tho
sentence was announced. The Aldermen spoke
with ca h other. prQnouncing the sentence un-
Just. They were sOlicitous about any proceed
ing which might hurry them on to jail, and
importuncd their counsel about their fear. Mr..
Beach said aloud that he presumed the Court
did not desire 10 put any indignity upon tho
respondents by sending them To jail Judge
Gilbert said that he had no such desire. Com
Aitken. stewart O'Connell. Graham, Ray
Smith. Petry. Williams, Baird. French. Waters,
Hacker. Fritz Powers, seaman and Dreyer and
filed with the County Clerk. They were in
printed form. bearing the title Of tho case. and
were prepared expressly 20 meet Justice OH
each Alderman 10y 2 l.. NJ. and as Judge Law
renee Of this city granted q stay of proceedings
pending an appeal from Judge GilOert's Judg-
ment and sentence, no action was taken under
the commitment.
Several OF the Aldermen who have recently
como into politics feel their position keenly.
Alderman French. who Is well known Metho-
dist and who WAS active in organizing the
Moody and Sankey campaign in brooklyn was
q candidate for the nomination Tor Mayor this
fall, but his conviction Of contempt Of court il
said TO have injured his chances for further
political Advancement
Judge Gilhcrts action caused much comment
around the City Hall and among politicians all
over the city. Some de rlarud that every per-
sons right To appeal had been trOdden down in
this case. II was said by some that proceed
iugs ~ some sort might bo expected against
Judge Gilbert himself on the ground that the
order issued by Judge Rapallo on Monday
practically covered the whole case. because II
the Court OF Appeals should reverse the decl-
sion Of the General Term. on which Judge Gil
bert's action was based he could have had no
power 10 fine or commit for contempt; and in
taking action upon II yesterday. knowing that
the matter had been taken NJ out OF It's usual
order by tho Court Of Appeals. and was being
argued yesterday morning. with the possibility
that his right TO act might be cut of by the dec
sion Of the higher court. be WAS guilty Of con-
tempt OF the Court Of Appeals. and that court
would bee likely % take notice OF II.
Tho Democratic General Committee In Brook
Ign lH-t night called primary election Tor
June rs 90 nominate a Democratic candidate for
Alderman. To- be voted for on June a. 10 I'll the
seat Of Congressman Daniel o Reilly.