New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-07-11
p,CK IN HIS OLD PLACE.


w ,ur POLICE poARD-MR. VOORHEES, iND'"
- Freedman yesterday vacated Tue
s,ronine the Police Commis-
oioe' from recognizing General W. r.
s'o member of the Board
o'' a., b;s decision said that as Gcnerai
S GU" had never been removed, no one couio
~ his place. Commissioners Nicho's
va w French accordingly formally RECOGNIZED
Conoral Smith as member OF the boai"'
Mr. Voorhis, who was not present. sa!' '""'
this action was illegal and that he VIII "o' ~
gard it.
.pppoarHING THE END OF THE lhoobhE'
,,,ncr VAN HoEsES's ORDER VACATtp-o'""i
s,oSrRs FRENCH AND NICHOLS hh'"""i
GENERAL SMITH IS A COMMISSIONS" ""
nopu,s SAYS HE WILL NOT SUBMIT.
c,'ar,os A Truax counsel for Po'lce Coinnlis-
- Voorh,s ON Wednesday obtained from judge
y,o,, uoesen a stay of proceedings ana an oruer 10
.,o, cause why the Police commissioners snoui'
not he restrained from recognizing anu ao''s VIZ,
ho' y 9Th On Thursday Messrs Bartlett and
Nenei"' I'll for General Smith. made a motion
- Indge Freedman 10 set aside the ofder
ny .Judce Van Hoesen. decision was
Iarod yesterday vacatinc the order and the
,' In the decision Judge Freedman says
III +bo ease of Nichols the llegahty OF his re-
II was adiudged by the Supreme Court BON
at Special and Genera lSrInS; anu M eno rmilar
psriS;on As the true Interests of the community
reonire that mSeemly conflicts between Courts OF
co9riinate jurisdiction should he ayoldea IL nos,
III ! dren il not only eXpedient, but under all
the circumstances rs the best ana most proper
course adopt those decisions as lar as lhe{ 60 as
The embodiment of the law applicable 10 tle pre-
sent controversy. Hence the reasons assigned lol
The several decisions are not material ana u y ho
answer TO the motion TO say lhat INC uo'isioiis
were influenced by mere O6ttT expressions Oh Il
learned Judge of the Court of Appeals on another
occasion 1t is sufficient that the Legality or lie
cohty of the removals made by the Mayor was ure
bboint directly involved and deliberately passed
mon and that the Supreme Court assumed ana
Incurred the responsibility of determining Tie
nont adversely TO the views urged 10y the pialhtin'
tnnlyinp the law as declared by the supreme
Cont to the facts disclosed 10y tne case at bar 1t
necessarily follows that if General Smith never was
legally removed, he never ceased 10 oe once
Commissioner, and no vacancy was created by his
attempted removal and consequently no vacancy
existed which could be nled by tne afppnf
does not stand in the position OF an lncnmDent
whose term of office had an unqnestloned lawful
commencement. and VINO Is sought 10 nc ous'ou 4y
another whose subsequent claim never was Judi
callv determined buU, on the contrary ne occupies
a position which the courts have already pro
noupced an untenable one from the very start
The action as brought and the Application Tor an
injunction during the pendency thereof are there-
fore devoid of substantial meilt'
Commissioner Voorhis, was not a party to the
record declaring the illegaty of the removal This
might make necessary further proceedings against
him. The decision in such a case, though would
necessarily be controlled by the decisions already
made and hence no real equity arose from the
fact that he was not made q party III any SOLID
reasons exist why General Smith should not be
recognized they should be presented to the SUI
preme Court, which was familiar with the different
phases of the controversy. For those reasons the
Court would not impede or avert the consequences
flowing from the decisions already made by the
Supreme Conrt, and the Police Commissioners
should not be enjoined from doing what they con-
slider the performance of their duty. Nor would any
public interest be promoted by the allowance OF an
Injunction. The advantage to the plaintiff from
the possession of tho Office was secondary matter
to the right of the people to have the duties dis
charged by the persons whom the courts had ad-
Judged to be entitled to perform them. 1t was un-
necessary to determine whether Judge Van Hoesen
had the power under the code of Civil Procedure
10 grant the order with the temporary stay III an
action pending in tine Superior Court
THE NEWS AT HEADQUARTERS.
General smith had been at Police Headquarters
with Commissioner Nichols nearly an hour yester-
dav when rush up the broad stairs at the heels of
Ellhu Root announced the arrival of the anxiously
expected papers from Court. Mr.. Root was admit
ted to the presidents room, and Commissioner
Nichols sent a messenger for Clerk Kipp to get
ready for meeting. He came with the books just
a. President French entered the room.
"I move that we dispense with the reading of the
minutes" said Mr.. Nichols. but his remark was not
needed by Mr. French. who arose with paper in
his hand. Il deem it my duty" he said " to state
that when the order of Judge Daniels in this case
was first given it was my opinion then that 1t was
our duty to recognize General Smith. But In the
hope that Others if not Mr.. Voorhis would come to
the same conclusion, i advised an adjournment.
Meanw bile an injunction was served on tins Board,
restraining il from acting and this again has now
been dissolved, and the case has now been adJudi-
Gated on by Judge Freedman. Now, unless other
wise ordered by the Board, | shall order the clerk
to call the roll and to call Commissioner Smiths
name"
Commissioners VOorhs and Mason were both ABB
sent and no objection was mace. The clerk called
President French. Commissioner Nichols. Com
missioner Smith" At the mention of the Generals
name with his restored title storm of applause
broke forth from the politicians and clerks who
thronQed the ROOM and a score of hands were eX'
tended toward the General, anxious to shake his.
When the excitement bad subsidized President
French ordered the clerk to record the order OIL
Judge Freedman on the minutes aud Commissioners
Ncnols offered resolutions ass gniug the rooms oc-
eupied by MIR. Voorhis to Commissioner smith, and
making the latter a member OF all the committees IN
which Mr.. Voornls had seat. The resolutions
were carried. ,
Now said Commissioner Nichols, " move that
the super endent be directed 10 promulgate im,
mediatey TO the force the reinstatement OF OeneTai
William +. Smith Police Commissioner 10 INC
place of John X. Voorhls." Superin tendent Walling
called aud received instructions TO that effect.
The Beard then proceeded with inc rou-
tine business of an ordinary meeting. Commissioner
Smith secured the appointment OF john Dryer
9s his messenger in the place of John Cousins,
hereby removed" grim smile went the ronn'i
Of the Board room at this, the Generals hrst
motion. DIVER was discharged by Mr. Morrison
within half an hour after the removal OF Mr.. Smith,
aud the prompt retaliation accepted as evidence
Of the Generals good memory. The pay-rolls of the
nspu