New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-07-08
FIVE MEN IN ONE BOARD.

NICHOLS CASE.
General William T. Smith yesterday visited
Police Headquarters for the first tme sihce
his removal from Office by Mayor cooper
He was accompanied by counsel. and the order
of Justice Daniels which, he claimed, rein
stated him in the Police Commissionership' was
served on the members Of the Board. Commits
sioner Voorhis protested against any action being
taken, and, while the Board was discussing
the question whether the document was on
order or only an opinion, a recess was taken otter
which only two members of the Board returned.
The Supreme Court General Term. has sustained
the decision of Justice Lawrence IN the Nichols
case.
GENERAL SMITH AT HEADQUARTERS.
HIS FIRST APPEARANCE SINCE HIS REMovAL-rhE
ORDER OF JUSTICE DANIELS SERVED ON THE
poIIcE BOARD PROTEST BY COMMISSIONERS
vOoRHIs AGAINST HIS RESTORATION.
The news that General Smith would be at
Police Headquarters yesterday had been circulated
in the building from early morning and when at l23o
o'clock the General did come he found the sOop o tno
building and the hall crowded with POLITICIANS anu
many personal friends who were waiting 10 rece''e
him. General Smith had not been at Ponce heao-
quarters since his removal. As he walked up
Muberry-st.. between Mr.. Bartlett and senator
FccIesine, his counsel, he was greeted Win
cheers and rush was made after him up the stairs 10
the presidents room where the party stopped WINE
their arrival was announced 10 Mr. French. Geherai
Smith smiled and bowed his acknowledgement eVlGeh.P
nleased with the reception Mr. French met him at the
door OF his private room and extended hearty "ei-
come to him. minute later Commissioner NICHOLS en-.
tered and shook hands with General smith. He slapped
him on the back with q triumphant chucKle anu
Back are wet" and then gave him over 10 MS con-
eratuasing friends. President French summoned Mr.
yoorhs to a conference with himself and Commission
"a
After "A delay Of twenty minutes or more the Board
Room was thrown open and General Smith and his
counsel took seats at the table where he shook hahus
with Mr. VOOrhis. The clerk called the roll ana Geheiai
Smith arose. Presenting a certified copy OF the iudg
ment OF the Supreme Court in his TO President
French he said Under this order have come 10 ais
charge my duties as a Police Commissioned"
Commissioner Nichols when the paper had been read
by the clerk made motion that 1t be spread upon the
minutes.
PROTEST by COMMISSIONER VoORHIS.
The motion brought Mr.. VOorhis TO his feet with a
protest. Ho argued the case, speaking from written
notes evidently prepared with much care He had. he
said some dccacy in presenting his objection because
his personal "a well as his official interests were In
VOWED in the question the point ho made was
that the order was directed TO the Board nor dd
it contain any order addressed to the Board
winch, moreover had DO right on Its own respOh-
sibty TO pass upon its members. or tho legally
a
man who was appointed in GeaeTal Smiths place and
had come duly authorized To take bis seat HIS right 10
his Office had never been called III question. " ma
continued NJ. NOOIhis, nothing III TINS order restoring
onvone or removing anyone The ciued Ia Court
f. not the case before tIs Board Tia was an Issue
between the Mayor and General smith, to which was
not "A party / have had no opportunity 10 as
sert or to protect my rights 1 have not
boon summoned az party to The ease. The right to be
heard the very principle commended for by General
Smith, has not been extended TO me. III tue Mayor
acted enormously and did wrong TO MI. smith, MS
remedy is against the Mayor, not against me- There 10
material difference between the order OF this Court
and the opinion Of Judge Lawrence that restored Mr.
Nichols IN that the claimants restoration was
directly provided IN the decision. judge Danlcss de-
cson omit. every and all auson 10 restoration pre-
sent my final protest against any action OF the Board
towardthc restoration OF General smith to the once
now occupied by me-"
Mr. VoorhIs presented the following paper which
was read 10y tnc clerk:
10 srgruEy b. FRrScu JOEL W. MASON. CHARLES +.
MACLLAN, sIDSEY y. NICHOLS, sEIH b. HAWLLf'
Inc undersigned claims That lie j. duly APP
pointed Commissioner o. Ponce OF the City OF
NoW-Yor6 and has Decn exercising the right
and dis,nar1lng the d1ues appertaining thereto;
tnat there has been any order or JUG
nrnt 81 any court removing me undersigned from lbs
sand uce that never has Oecn any order or JuGg-
ment ol any court restoring William f. smith, former
ConmssiJuer Police OF the CITY OF New York, 10 The
office FORM ray occupied By him ihat the Board Of 20
lice or Commissioners OF Police have not nor have tue
members thereof jointly ors pa@l cy'anl iuGoA po%el
Whatever except OYeTs0inc subordinate members Oi the
pouce foicc, and they are uo YES ed oy law Win au
thOuy 10 entertaD' order determine questions aneclns
tue qualifications Ci members OF tue sid board or OF
applying Tor seats III Tie said board and inc IN
dersgued protests against the said Board OF
Commissioners OF Police, or any or either
OF thtm, entertaining, receiving evidence
upon, or determining adjudlcatlng any
clam OF title to the once OF COmMhsIOner OF POnCe
WnIcn ma, be made by tie said Whnam i. smith, aud
protests against ihcir OK ludng MN nom inc pos
session eIjOJ ment said olcc. aud he protests
against their recognizing The said William T. smith as
undersi,ned JOHN X. YoORls.
June 4 1850 Commissioner OF Ponce.
THE BOARD IN DOUBT.
Commissioner Nichols moved mat tne protest be fled
Commissioner Mason desired to know whether the
paper by General Smith was in the shape Of
an order from the Court or merely an opinion.
Mr. French replied that 1t was an order.
Mr. Mason-What will be the effect OF placing the
minutes VIII it be recognize either the other
Mr.. French-I think not
Mr.. Maspn-Then second the motion ihstit be placed
the minutes.
Mr. Yoorhis objected again, and General Smith re
piled, 'It is an order have served on tie Board"
The Board voted to put tho order on the minutes
Commits soner voorhis then demanded that his protest
be treated in the same manner Commissioner Nichols
objected, but the protestatons of Commissioner Mason
that such action would only be right and fair prevacs
and Mr.. Nichols was out-vOted.
Mr.. Nichols then offered the following:
Resolved That the superintendent be directed 10 pro-
mugate forthwith by telegraph TO the force the rein
statement OF General Smith POhco Commissioner In
place If John r. VoOrhls.
Resolred That the Board OF Police hereby recognize
William f. Smith MS member OF the Board Of Police OF
the CITY OF New-York.
II was Commissioner Mason's turn to object. He
arose. with the order OF the Court which he had studied
inteny IN his hand. al find nothing here" he said,
"to warrant US in taking the action Mr.. Nichols sug
gests move The whole matter he referred TO the
Corporation Counsel until get his opinion
duty IN the premises. All l have in view Is faithful
discharge of my duty. Tho public interests cannot
suffer b. brief delay"
General Smith said, apparently little yexed; al
here with order from the court which order de-
cares that the action OF my removal null and void