New-York tribune., 1880-02-17
MR. MACLEAN GETS A WRIT.

| PoLIcR COMMISSIONERS FRENCH AND WHEELER,
SUPERINTENDENT wALIING AND THE CLERKS
ORDERED TO RECOGNIZE MR.. MAcLEAN AS CON-
MISSIONER.
Judge Van Hoesen yesterday issued man
damus for the reinstatement of Mr.. MacLean
as Police Commissioner. The writ is addressed
| to Commissioners French and Wheeler, Su-
perintendent Walling and Messrs. Hawley
and Kpp 1t was served last night on Mr..
French, but not on Mr.. Wheeler. The Com
missioners have taken legal advice and do
not think that the writ will be effective
in getting Mr.. MacLean back into Office. MI.
Nichols says that he will not give up his rooms,
Judge Van HOesen also ordered that the per-
sons to whom the writ was issued show cause
on February "a, why the reinstatement should
not be permanent
THE JUDGES UNEXPECTED ACTION
REASONS GIVEN BY COMMISSIONER NICHOLS FOR
NOT REGARDING IA TALK WITH COMMISSIONER
| FRENCH.
The latest step in the efforts of Mr.. MacLean to
reinstate himself in position in the Board OF
Police Commissioners was disclosed yesterday
afternoon. After vain attempts to inforce
his claims by appearing at the rooms in
Police Headquarters. which he, with apparent
|
upon the decision of Judge Lawrence, Mr.. Mac
Lean has again sought to establish his alleged
rights by form of law, and has appealed TO
| the Courts Late yesterday afternoon Jadge
| George NJ. Van Hoesen, sitting in the Court
| of Common Pleas in this city. issued n writ of
| mandamus directing Police Commissioners French
| and Wheeler Superintendent Wallng and Clerks
| Hawley and Kpp to reinstate Mr.. MacLean (whO
is styled Commissioner in the paper in the office
and room at Police Headquarters to which he was
entitled by virtue of his appointment as Police
| Commissioner on April 80. 1879.
The mandamus is issued on the afidavits of Mr..
MacLean and Charles ii. Truax which set forth that
! Mr.. MacLean is rightfuly a Commissioner of Police
aud is forcby hindered from holding his Office and
performing the duties thereof, and from occupying
the room of which he is the rghtfnl occupant. The
motion for the writ was made by William Fullerton,
Of counsel for Mr. MacLean. An order was likewise
made that cause must be shown before.Judge Van
| Hoesen on Tuesday, February -, why this action
| should not be permanent.
| The writ was served on Commissioner French
while he was at dinner, about seven o'clock in the
evening An attempt was made also to serve it
upon Commissioner Wheeler but he was engaged
| when the officer called to see him at the GilSey
| House, and il was not served. When Commissioner
| Wheeler had retired at late hour the writ had
not been served upon him.
! This unexpected action was the subject of much
comment and discussion when it became known
among politicians and lawyers in the corridors
of hotels and elsewhere last evening. The
general opinion seemed to be that it was
like the last despairing clutch of a
drowning man at even straw, and that 1t
| wonld be unavailing. A well-known lawyer said
| that il could not prove OF any moment. Commits
sioners French and Nichols say that they will pay
no attention to the writ, and tho advice OF their
| counsel supports them in this 1t is not
! believed that this proceeding will cause any
difficulty or delay in the proceedings Of the Board
of Police Commissioners which holds a regular
| meeting to-day.
TALKS WITH COMMISSIONERS AND COUNSEL.
Commissioners French said to TRIBUNE reporter
that he had been served with n copy of the writ
early in the evening "The writ of mandamus.'
no said directed Commissioner Wheeler and my
self and the Superintendent, the Chief Clerk and
his assistant Captain Kpp, to renstate Mr..
| NacI.ean In the rooms formerly occupied
by him and 10 allow him to act as Police Commits
soner We are ordered to show cause before the Judge
OH February "a why the writ should not be made
permanent. The alidavits on which the writ was
| issued were a long one by Mr.. MacLean and one by
| Charles II. Truax. The motion which 1t was
granted was made by William Fullerton. l have
consulted, as / think about the best lawyer In the
| city. and he says 1t il all bosh.'"
| Commissioner Nichols found at the Gilsey
House at late hour in the evening in consultation
with his counsellor, John ID. Townsend. He was
| very emphatic in asserting that he would not give
up his rooms to Mr.. MacLean lie said Il have
| told Mr.. MacLean that intended to keep the rooms
against all comers. and acting under tho advice of
counsel shall do so still. | want it understood
distinctly that do not propose to allow Dir. Mac
| Lean or anybody else TO obtain possession Of them
| while remain ia Office"
| Mr. Townsend was asked what would probably
be the action of the Commissioners IN regard 10 the
| wr1t of Judge Van IlOcsen. " IT," said he. it
| is as | understand, an absolute mandamus, the
| Commissioners under my advice and that of other
| counsel will entirely disregard IT, No Judge has Il
IiQht 10 order me out Of my house or TO ma ke me
| give 10 up to anybody else, and | don't see how a
| Police Commissioned can be compelled TO give up
| his rooms to one who is not Commissioner by the
| order Of any Judge. Nor can n Judge compel tho
recognition By the Board of one who has never
| been Commissioner"
! 1t was reported that the advice of David Dudley
Field had been obtained rs 10 the result OF the man
| damus. Mr.. Field was met in Park k-aye as no was
going home last nj ght. He appeared greatly sur,
prsed when asked by TRIBUNE reporter II he could
give any opinion as TO the effect of ;bc inandanus;
lie asserted that he knew nothing about IT, nor had
| he heard that such step had been taken Com
| missIoners Nichols and Wheeler had called at ms
| house early in the evening, but as ho was not at
| home he had not seen them.