New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-28
EFFECT OF THE DECISION.
4 TALK WITH JOHN d. TOWNSEND MR. NIcHoLss
COUNSEL.

A TALK WITH JOHN D. TOWNSEND. Mr.. NICHoLss
COUNSEL.
John d. Townsend, counsel for Mr.. Nichols,
was called upca last evening by reporter Of The
TRIBUNE.
ain what way does this action OF the Court Of Ap-
peais affect the Of Mr. Nichols SO far restoring
him % position - he was asked.
at lie impossible for me 10 state TO you
what effect II has." replied Mr.. Townsend. Strictly
speaking, the matter before the Court OF APP
peals was an appeal taken by Mr.. Nichols from
the Judgment OF the Extraordinary General Term
convened by Governor Robinson, which prohibited
Judge westbrook from further action in the matter Of
Nichols against the Mayor We brought this appeal be-
cause thought II due 10 Judge Westbrook, who,
owing to this action of tho General Term, very
fairly criticised by the The papers upon which
tnat General Term rendered It's decision comprised
most OF the papers which bad heretofore been used IN
the case, and OF course on an appeal to the
Court OF Appeals the papers then
presented. The points that were prepared and
argued 10y Mr.. Bangs and myself covered the case
pretty fully from initiation OF the proceedings. and
ss not precluded by the Court from going be-
yond the strict question before It, both thought that
the Court might considering the importance Of the
make some intimstion it's decision which would vir
tually determine tho merits. I have only heard from
the Clerk OF the Court Appeals that the Judgment
Of the Extraordinary General Term. granting the writ
Of prohibition, had been reversed with costs,
I have teegraphed for copy or Judge Dan
forths opinion and hope To have Tomorrow morning
You must see therefore, that I am much at IN
regard TO its effect on Mr.. Nichols anybody
else"
"what was the iutent of the argument to-dayr
The hearing came on before Judge Lawrence upon
the returns made by the Mayor to the writ OF certora
yhat writ, as applied for in June. was made
FERN at Chambers, which then held by
Judge westbrook. Tue constant efforts to get
rid OF baking the return by the Mayor and the
mannuvfes TO avoid hearing upon II. you probably
femember. When We had managed 10 Tree ourselves
from the constant stays OF proceedings winch we're
westbrook Tor the Mayor to show cause why Mr.. Ncn
ola should not have judgment upon the return THIS
order was rciurnable upon the 22d OF September
Everything else having been tried, and failed, the
Mayor applied TO the Governor to convene an Extraord
nary General Term OF the Supreme Court and then II
WestbrOOk Intended to take before the or0er spoken OIL
granted this writ OF prohibtiou which the Court OF APP
peals has pronounced against The hearing to-day
before Judge Lawrence the hearing would have
fIOni stiine. Since the Extraordinary General
Term granted the writ OF prohibition the
esme body sitting as General Term, has
heard argument upon two appeals taken on the
part of tee Mayor and determined In Mr. Nicholas favor
10 the effect thar writ OF certiorari was proper
remedy as against the Mayor In OF this kind; aud
that Judge Westebrook used proper discretion IN
ing opinion there Is really little left TO
be defcrnined In the The basis upon which we
asked originally for tho writ OF certoran mainly
we're served upon Mr.. Nichols @ That he not per-
mltted appear by counsel. ,. That proofs we're
offered establish Tor removal think that the
Mayors return TO the writ susiains all our objections