New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-03-02
MR.. MACLEAY ENERGIES AGAIN.
SEEKING THE SUNLIGHT OF PUBLICITY.

SEEKING THE SUNLIGHT OF PUBLICITY.
MS LATE UNHAPPY EXPERIENCE WITH A COURT
ORDER DOEs NOT PREVENT HIS TRYING ONCE
MORE-A REAL MANDAMUs OBTAINED THIS TIME.
Judge Van HOesen one week ago dismissed
the mandamus proceedings In tho attempt OF Chares
MacLean regain his the Police Board because
his lawyers had neglected to obtain the mandamus for
which order had been secured. This defect was
corrected yesterday by Judge Fullerton, who first
got from Judge Van Hocsen IN the Court of Common
Pleas an order for alternative writ OF mandamus
THIS CORE sponded with the document that served
upon Commissioners French and Wheeler before But
counsel this also obtained the writ OF alterna-
tive damus ITSELF The effect Of this Is compel
the Republican Commissioners to recognize Mr.. MacLean
~ once as a Commissioner. but only that they snail
show cause on March 10 why they shall not
Tie affidavit OF Mr.. MacLean, upon which the manda
mus was obtained AYERS that Commissioner Nichols was
LEGALLY removed from the position OF Commissioner on
April D. 1879, by the action Of the Mayor and Governor
aud thus actual vacancy occurred IN the Office
Of Police Commissioner. and the deponent
was appointed in his plaoeI that Commits
siouer Nichols applied for certiorau against
the Mayor and Governor. but obtained writ only
against the Mayor. and notice given to the de-
polcnt upon tho of the writ that the order OF
Justice Lawrence under the decision the certorari
only reversed the action of the Mayor. The aii1yit
also forth tho formal recognition Of Commissioning
Nichols " no" aud tfcnch otter the
rendering OF dccsi~n by Justice Lawrence. The de-
plnent claims nat the members Of tho Board have
power to determine the qualifications OF applicants 10
seats In tho Board He says that he has since that time
been deprived Of the use Of the assigned TO him
Comnissioner. He also gives statement Of the occur
renee. ~ following meetings OF the Board In winch
De was denied recognition. Ve sets forth the
letter which be presented 10 the Board February 10,
and the subseQueut neglect OF the clerk o. call his
from tho roll ~ Commissioners. On these grounds he
sks for the mandamus, and the Ayerments the att.
davt are prcGxed 20 The maudamus a the basis OF the
order which concludes n foliowst
NOW. therefore, being willing that ful and
speedy Justice be done IN hs behalf 20 him, tho said
Cuarlo, r. MacLean. do therefore command you that
Immediately after the recciot Of this writ You. the said
stephen L. French. Dewitt q. Wheeler George W. Wall
linz Seth e.. HaWcy and William II. kip, seyer4liy aud
csnectivcy restore tho sad Charles T. MacLcan TO the
use aad possession Of the rooms assigned to aud
occupied by him under his appointment az
Police Commissioner OF tho city OF New-Yorif
made on the 18Th day ofApril 1870. md permit tho
sad Charles T. MaoLeau 20 uso enjoy and possess all
the rg0ts powers. PRIVILEGES ana duties which pertain
10 TIC Office ~ Police Commissioner aforesad h,s
fine proceedings ~ the said Board OF Police until 10 shall
have been decided in some judicial proceedings, %
which ne shall been made party, TIA some Court OF
common iursdicon. that lac II no longer entitled 10
" the SAID ght- powers privilege ana duties or that
MA stephen Ii. French, Dewitt G. wheeler George
" Wulllng sctn C. HaWley Hud william II. kIpp do
show cause TO utrAry on March 10 az IL o'clock"
opinion nothing would be accomplished for Mr. Mae
Loan by the VIII