New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-07-02
LOCAL MISCELLANY.
COMMISSIONER SMITH RENsTATED.
RESTORED TO HIS PLACE IN TIE foL''" DV

prsronrp TO HIS PLACE ~ TIE POLICE BoA"D
nv DECISION or JUSTICE DANIELS
The long ard complicated litigations that grew
ont of fine removal by Mayor Cooper OF IolIcc
,niss;oners Nichols and Smith IN all pioDaoiily
reached conclusion IN decisions that were hanucu
down Yesterday in the General Term aud Cha,uol1
of the Supreme Court. The General Term ann 'c1
Justice Iawrenccs decision reversing me nc 10" VI
The Mayor in removing Commissioners Nichols RE
siding Justice Davis dIsscnts. The opinions VIII ho
be flied until next Tuesday occaus' JI.S,io ',,a e
inadvertently left them ut his laTrytoWn mouse Ss
tprday The other opinion, in Chambers, was ny
Justice Daniels in the case of Commissioner olnItn,
following Justice Lawrence's decision III reversing
the MAYORS action. ,,
ITpon the merits of the main question Justice
Daniels saws "When the TelatOr appeared before
the Mayor he insisted upon beng represented anu anu
heard Nv his counsel This was refused by the
Mayor who however, did receive from the couh-
sePs hands a formal denial OF the charges against
the relator. After this was received PROOF Was re-
ouired to establish the truth of the charges before
a final determination adverse TO the fclatOr coulu
lawfully he made. That proof was not given Dui
the Mayor acted upon the evidence acquired
through the medium of his own observations. IN
thus proceeding, well as IN the denial 81 tne rRh
TO appear by counsel there was failure 10 observe
the spirit and intention OF the chafter as inaI nae
now been construed by the Court OF Appeals IN inc
case of The People rel Nichols agt. the mayor !;
and for that failure this Court ls required TO drcct
the determination for the remoVal OF lhe IeIaIJ' W
be reversed. That was the conclusion adopted oy
Justice Lawrence IN the accompanying case Oh
Nichols and il should be followed III the present III
stance. As the case was presented 10 the ~ VI Ei"
doubts existed as to the course he might properly
pursue : and after fully weighing and considering
them he adopted that which was followed as me
one best supported by the Constitution, when the
law was deemed most entitled TO bear. In thal Tic
appears to have fallen into an error, put was one
which at the time was entertained by gentlemen
also who were learned IN the law. For that reason,
while the determination for the Mayors reinOVal
must be reversed. 1t must be without costs"
Messrs Root X Bartlett appeared for Commls-
siOner Smith Corporation Counsel Whitney Tor tile
Inc Of II.
said yesterday afternoon that no steps iOr hls ac-
tual reinstatement would bc taken until alter con-
sultaton tins morning. Justice Daniels Is not IN
town. and It had not yet been decided whether APP
pcatiOn for the order of reinstatement ought 10 be
made to any other Justice.
President French summoned the Police Comlnls-
sioI5,rs to meeting yesterday, rs soon as the news
of the Courts decision III General Smiths case had
been received. in order that the pay-ros already
made out might he passed ana the trouble OF max
ing ont new ones might be avoided POllilclaus
gathered soon after in the building to receive Cen
eral Smith who has not been at Police Headqrar-
tiers since his removal. He did not appear yeNtcr-
day. but II is expected that he Will take his seat To-
day IN the Board. .
Commissioner VoOrhiS received no official INFORM
alton OF General Smiths reinstatement. and went
about his business a. ii nothing had happened. In
the afternoon he was Closcicd IN his room WIN 4
person SAID to he from the Corporation CouuSels
Office Late at Eight reporter found HIM at Ponce
Headquarters buried IN pile of papers on his desk
He looked calm. but a little sad. " can hardly say
ANYTHING about what Will DO or Will not, he sad,
" for have not read the dcclsOn oil the CouI5 anu
do not know what | am called upon to de. II an
order Of the Court IS presented TO me demanding
my retirement. of cCuIse shall not attempt TO hoid
AGAINST IT,"