New-York tribune., 1880-02-18
WITH A BOARD BUT NOT OFT

III SITS .WfiI TnE POLICF COMMISSIONERS, BUT
u Nor ALLOWED TO TAKE PigT-NR. vOoRHIs's
VAIN .FFFOETS FOR HIS ALLY-A SEW NOMINA-
TON BY tbs MAYOR.
Mr.. NacLcan occupied q seat az the table with the
Police Commissioners at their meeting yesterday,
bat not permitted to take part in the proceed
ines. lie asked that his name be called member
of the Police Board bat this refused Comnis-
soner Voorhis protested against acting with Com
missioner Nichols and offered several resolutions
intended to secure recognition for Mr.. MacLean,
but they were all defeated. The Mayor yesterday
withdrew the nomination of A. Is. Graves as the
successor Of Police Commissioner Wheeler, aud sent
the name OF Charles E. Whitehead to the Aldermen,
who laid il on the table.
-
ONLY AT THE TABLE on SUFFERANCE.
HOW MR. MACLEAN SPENT HIS TIME WHILE the
POLICE BOARD TRANSACTED BUSINESS
The service of the mandamus issued by
Judge Van Hoesen for the reinstatement Of Mr. Mac
Lean the details OF which were published In TBE TRIB
UNE yesterday, was com pleted at Police Headquarters
yesterday the paper being served on Commssioner
Wheeler and Clerk Kpp. superintendent Wa,ling was
al home sick. Mr. MacLean visited the build
ing at IL a. H., but he did not got up a.
far Commissioner Nichols's room, aud he did
not attempt in any way TO regain possession
Of IT, He coseted with Commissioner Voorhisfor
q long ume. He presented hmse; at tho meeting
OF the Police Board and occupied the hfth seat
the table around which the Commissioners held their
delbera lions but not recognized as rightfuy there
although attempted havo Clerk Kipp call his name,
aad Commissioner Voorhs made repeated Efforts to
have his alleged colleague rensated
At 1890 the Board assembled FOR its meeting. MT
MacIean came with Commissioner Voorhis. with whom
at intervals of the session ne held whispered
consultation. Tho four Commissioners were all
present and answered to their names.
previous meeting. when Mr. MacLean said. " would
like Mr. Kipp to call my name" The clerk glanced at
President French who turned to Mr. MacLean and said.
Anything else o. Mr. MaoLean answered, THAT is
The first thing. Let the clerk call my name"
Commissioner Frehch-We can't very well have
more than four Police Commissioners. see Jour here
now the law don't allow Of any mere.
Wl;h sarcastic mtonation Mr. MacLean retoFted
Everyone is supposed to know the law, Mr. French.
There is need OF reminding OF that. am here as
a member OF this Board"
'Wen, 1Ir. Kpp can't call your name" said Commis-
sioneT French.
Commissioner Voorhls asked If 1t would be proper TO
offer a r. solution. THIS allowed under suspension
or tho rules aud the following was offered;
Wbereos. Charles F. MaeIesn has been actually in
DO ossssuu OF Office OF Police Commissioner since the
mouth Of April 1879. under au appointment made by
thr Mayor OF the city o. NewYork, which Mr. MacLoan
WAssa.. sidnc' p Nlonols has presented to some OF
she members OF this Board copy Oi an opinion of MS
Honor Judge Lawrence and claims hat upon the basis
Of thut opinion the Board Il bound - admit MN Mr.
Nichols q member in place OF Mr. Maclsean; and
HbetoGS THIS Board does not possess amy such Judi
cal enable IL to determine between connet
Ing claims for ofioo aud has 30 authority
rfting member upon an adverse claim without pre-
yi0us order OF the Court;
esoirsd That opinion OF this Board IL "a proper
thst Mr. MacLan should be permitted TO continue tie
exercise of the or Police Commissioner until
Mr Slchos shal have established some better title by
some PROCEEDINGS 20 which Ar daeLean shau De prop
cry ma rs q party.
H. support OF tus Commissioner voorhis said that at
] tNa MarT..a
acted with dessrs. French, Wheeler and himself
member Of the Boagd. and he did not know OF Mr. Mae
ans removal siuc that the order OF Court had
ssued which would substitute another for him there
fore hc Mr. VOorhsJ could not act with Nj Nichols or
admit that the exclusion OF Nj. MacIean
proper. Tie further said that from the min
utes be had learned that on February two
( Commissoners Messrz.A French and Wheeler, mct
ana what purpOrted 10 DO order OF the Court WAS
presented on which they deemed il right and proper to
recognize Mr. Nichols Commissioner Whether this
recognOnwa proper not only two Commissioners
were present. the action would not hold in law from
lack OF q quorum, he thought superintendent Walnc
had been directed orders TO the force aunounc
ing the reinstatement OF Mr. Nichols. To this he took
\ exceptions. q tho Board not legally con-
| s,ttuied. At aDother meeting, on February II.
| only two Commissioners wero present, and
| no protested against the PROCEEDINGS as unlaw-
| fu. especially In the putting into the minutes the
order Of Judge Lawrence, which had in 1t nothing about
the removal Of Mr MacLean the reinstatement Of Mr.
| Nichols
Mr. yoorhis further protested against Mr. Nichols
holding his seat by the recognition Of Messrs. French
and wheeler dangerous course In The extreme;
similar principle they might recognize the gentleman
| "A whose successor Mr.. Morrison appointed Oh
| the appearance OF 3Ir DsDccker any members OF
| the Board could declare him entitled TO Mr. Wheelers
| seat.
Mr. Wheeler said In q low tone that he succeeded Mr.
Matse VINO had since died. aud couldn't very we'll come
into Board meeting.
Then this might apply to Mr. French, who succeeded
Mr. Erhardt added Mr. Yoorhi., or 10 any Comms-
The principle would not be safe guide for the
Board. To the argumeht that mT N,eh9is was never
| hun any meeting, and that was conclusive. Tor he
made claim for mis- seat cannOt recognize him.
In replying the argument of Mr. yoOrhis President
| French, who had listened with the utmost at
! tenuon. spoke with deDeration ana emphasis. He
SAID Ee thought that argument OF Mr. VOorhs would
of me ease were deeper han any member OF the Board
could fitho present. But certain facts were clear
and appealed o the common sense Of all In APRIL 1879,
| Mayor Cooper under approval Of Governor Robinson.
removed Mr Nichols ana appointed AS hls successor Mr.
Macan. The former went To the courts with hs case
Judgment had heen gwen Ia bis fav0r ny Tie Court OF
1erc ,n S0n tna se 21 PPyS PS acton n@ shDn
| be yoid aud OF no effect Upon the reading OF ms
opiu0a by the Comm mssioners they concluded, after
taking legal adyo. that Mr. Nichols must be recOg
nzed and did recognize him. and continue To do SO,
but their action was taken before meeting or the
Board.
Now, II this ncton OF the Mayor" Mr.. French went
ON, " null and VOID. our Judgment Is good law and
recognition proper. As the claim SET up thar al
though tie Mayors action has been annued the action
OF Governor unacc cd II seems To me that when
you destroy the foundation the structure falls.
We acting with hr. Nichols by advice OF
counsel, and propose to keep on dong so. This
whole matter wiIh regard 10 Mr.. Maclean and Mr.
Nichols Is. after all, private concern We recoenize
the right II Mr. MaoIoan TO establish what he thinks
are his rights aud try ont his purposes ln
proper way. but beyond thai the Board cannot co.
MORE RESOLUTIONS FROM MR.. Y0oRHIS.
A vote was taken Mr. VOorhis's resolution but his
was only voice la It's favor He then presented an
other resolution. follows:
Resolved TINT the Chef Clerk be and hereby Ia d.
reced cIpunge from the records OF toe proceedings
Of Board OF Police the minutes OF an aiIrgrn meet
ing OF the Board held 7th inst, at when there
was not "a quorum OF the Board present only Two