New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-10
AN EPISODE IN REFORM.

Mr.. MacLean is wholly unable to approve
the behavior of the General Term of the SUI
preme Court and he appears 70 be in doubt
whether ii may not be ms duty to do some
thlng-Of course in "A perfectly respectful and
gentlemanly way-to Judge Lawrence 1t Is
hardly possible, however, that there can he any
serious resistance TO the judgment of the Court,
and we may assume that the contest i'll the
Police Commission is practically settled. The
Board Is restored to its old political COM
pcxion. thrilling episode in the history of
Reform is ut an end.
When the Tilden Democrats found them
selves year ago i'll possession OF the Mayors
office, they planned rad upon the Police
Board Immediately, for they needed that
branch of the administration beyond all
Others not only for the use of its extensive
patronage and influence against Tammany
Hall, but for Its power over the machinery OF
elections through the appointment of inspec-
tors and pol!-clerks. There were two Re-
publicans on the Board. Messrs. Erhardt and
Wheeler one Tammany sachem. Mr.. Nichols;
and one Democrat. General Smith, whose
pOsition relative to the two Democratic fac
tions was not at first very clearly defined,
though il soon became apparent that the III
den faction could not use him. Az early as de-
cepcy would permit, the new Mayor prepared a
general charge of "derelictiOn of duty against
the whole Board Except Mr.. Wheeler who
was sick and absent), and summoned them to
answer. He made no specific complaints; he
refused permission to the accused to be heard
by counsel; but after scandalous and an
absurd scene he sentenced Mcssrs Nichols aud
Smith to removal from Office, and transmitted
the Judgment to Governor Robinson for APP
prevail Mr.. Erhardt's term had expired. and
Mr.. French was regularly appointed in
bis place. Governor Robinson of course
ratified the Mayors action, and Messrs.
MacIean and Morrison were named
Police Commissioners, the latter gem
tleman afterward giving way TO Mr.. VoOrhs.
Now began the battle of the Courts and the
LAWYERS Mr.. Nichols brought suit for the
recovery Of the Office from which he had been
expelled by a travesty of the forms of law.
The time for the appointment OF election Off
GERS was close at hand wnen Judge WestbrOOk
granted writ of certiorari to review the
whole case. The Democratic plotters evil
IDENTITY had serious misgivings as to the
result Of such q proceeding, and at all
ndZd1uS JUty W a
hearing until Messrs. MacLean and Morrison
had time to perform the political service
for which they had been appointed. In
this emergency Governor Robinson resorted
to the strange eKpedient of calling an Extra
ordinary General Term of The Supreme Court
to take the matter out of Judge WestbrOolt's
hands. The device was successful. Action
was delayed. The Tlden Commissioners re-
manned in Office until after the election and
how scandalousy they abused their powers in
the appointment of the pOll-clerlSs and in
spectors, until the Courts interfered and COM
pelled them to obey the law, everybody well
remembers.
The intricate litigation which followed the
proceedings of Mayor Cooper and Governor
Robinson has resulted in a series of decisions
strongly condemnipg every step in the con-
splracy. The Court of Appeals has pronounced
against the Tilden schemers on point after
point. 1t has declared in effect (D that the
original removal of Messrs. Nichols and Smith
WAS contrary to law, and therefore void ~
that the writ of Judge WestbrOOk was
properly granted (3) that the Extraordinary
General Term had no right to prohibit Judge
WestbrOok from reviewing the case F; and from
these decisions it follows that the summOning
of the Extraordinary General Term, to do what
it had no business to do, was 2 gross abuse
of the functions of the Executive aud
a degradation of the Court. The feinstate-
ment of Mr. Nichols is much less interest
ing result of the suits now closed than the
illumination that has been made of the tricks
and usurpations of the Tilden faction during
the past year. Since the Courts have declared
that every one OF the articles contrived foI
the purpose of putting Mr.. TIlden's men into
| the Police Board was illegal, we can all APP