New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-12-24
PRICE THREE CENTS
THE ALDERMEN ENJOINED.
MIR. THOMPSON RESORTS TO THE COURTS


JUDGE ANDREWS sioSs AN oRpRR RESTRAINING
1ilr BOARD FROM poiSG ANY BusiSrss.
The kdermen-a majority OF them ~ least-ana
the city Hall politicians were treated 10 geniins
SURPRISE yesterday. There was The install afrc
crowd m the Alieimen's chamber irelndnp rev
Republican ana Democratic ltndtfs. Nothing irofs
s,aftlirg that penefal ofdets was m fioetss whst
eaeh mefbef was setted with sn Bihei if6ia
jnhre AnhfewS restraining he pcata itbsf
peff6fmins ant aet "a Aiaefmeh, eiihtf
N she RaiHfe 81 fasslAe ieseAleHs eieat-
no gftinaNees ~ egahiMiNa nominations
the Agder Was gFanled ~ z sWii hGaHehI w WiSan
:. Wpii w hehaii ~ William T. iemsFesl apd
pihers, whQ Slain 81 he tbs iasini iiaaFd ~
Aidermen. This aptlQn was begun pn February .,
1854, by the AttolneY-lienera W the naIae VI tho
people nemaTest aud his fellows have Tor the last
eleven years Instituted similar suits having for
their object The declaration that they are the prop
ery chosen Common Council. They claim that Sec
tlon of the laws of 1873, Iegisaiing out oiexist-
tho Board of Assistant Aldermen and vesting
all the powers of tic Common Council in the Board
of Aldermen, was unconstitutional. Regularly each
year they have cast few votes for Themselves and
have at tho beginning of the following year do
manded TO be recognized.
When tho order of Judge Andrews was
announced by President Kirk. II was considered
q joke by some OF her members, however, apprc-
ciated it's significance The affidavit on which tho
order IL based is made by william T.. Demarest,
who says that the present Adrm,n are usurpers.
The order is issued on the relation cf William 4.
Demarest, John Creighton, John Wiszner.
Thomas Curran, Edward B, Cunningham John G.
Sarsfeld. George A. Mckay Patrick Tones. John
j. Kehoc. Jacob PowIcs Henry o. Demarest, James
Ryan, James Connolly, John Barnett and
James 4. Thompson, and requires the Aldermen
to show cause at 1 a. IN. on Friday why an in
junction should not be issued restraining them
from passing any resolutions, or ordinances or con-
tirming or rejecting any Commissioners or heads OF
any departments Of the city, or in any manner act
ing as Aldermen.
THE MEMBERS DIVIDED IN OPINION.
After the document had been read Mr.. o. Neil
said:
This Is the same body of crans who have como hero
yearly claiming to he the Board Of Al lerncn do not
believe any court has the TO prevent us from act
20 and such business may before
Mr.. OConnor-i hope the business OF the Board VIII
does cali up his general orders the member from tho
Xith OConnorl will do so LIDO not believe that lany
Of this that l am willing to go on
and participate in the action Of the Board aud ris
and one having knowledge OF the power the law gives TO
Mr. Kirk-I think it would he better not to act hastily
in this matter The Board viii be in contempt II we do
| not obey the tcrlus OF the injunction.
Mr. Reilly move we adjourn.
Mr. Krk-Undcr the terms OF the injunction you have
no right 10 do anythlng. llauSlter n,,,, ,,..o....
this power II Judge Andrews SUSPEND the operations
Sn III the BOAR Board G IS thus T praey wipc oat Of
VIII any ono pretend TO say that the leSish"
ted ont or what use are our certificates lcetion
the representatives. OF the people OF thls cy am IN
| favor %. going with the business of the Board
Mr. Jaehne-l move that all LEGISLATION passed sine"
this INJUNCTION was served ON rs De r'c9li'iheicl
Az, Ihp i,n IL i.
nEn action ON ON ny nomination hai ihc Mayor may
send to us am surprised that any jude should lend
her Of ms nSp G SS, SSar T. act o" the ordinary ana
The roll was called on Alderman Jaehne's resoln-
lion with this result:
Ayes-Kirk Cleary DcIacy. Farley. Finck, Jaehne,
Kcnncy, Miller Mr'nade, o'NciL Pearson, Roihman.
HGys -Drnp.cy, Dufy, Fulgraa, Grant, oconnor and
shcs-G
MIR Waiter who hod gone to the Court House tc
endeavor to inl Judge Andrews ani have the In
junction moliiDl ieportel that he nndristc NJ that
the jniee had gone out of town mr twn ~ three
ia,s. Two Supreme Cont jud cs with whom hs
had consulted had advised the boal tO comply
Az anrsti6a oF adjournment was iAen iisensc,i,
ilt li,fiid had btptinuslt ras'el a ips0lp,irh y
hHi daiir stssihs e&cthiih" 49, htissMns lNt nhN
RnHgat, Nn,il lahhatt I ahd pitsi6tAt hiik ~
eiet ihas iheip waS 1888 ittsssih ~ ttsthHMs
dan,
FAlRlNG sue MAflnR eypR
Aftef the adjournment thoIe WAS good deaf &c
earnest iaib. The iammany meahefs and tha un-
pledged i;epubloans were highly indignant, aud
strongly denounced the action of Judge Andlews.
1t was declared that SIR. Thompson had played
sharp Iiokto preventive selection of his successor
Anunlolsided impression had got abroad that ths
Mayor intended t0 send IN nOmna iiohs Tor GO IL
missioner of Public Works and Corporation toun-
sci, aud the injunction was Thought to have been
intended to prevent the Board from meeting day
after day. The resolution 10 that effect, however,
was passed just five minutes before the messenger
with copies OF the injunction came INTO the Aidef-
mems chamber.
President Kirk was asked what n thought of tho
matter He replied: There was sonet ing conteIn-
plated to be done tomorrow of which these people
got wind, and becoming alarmed they have resoited
to this trek TO stand of action as long as possible
Mayor Edson, who was y fonrd IN ,;l.; MS o.
said: II have not seen a copy
of the affidavit the order Of Judge An irews. IL
what hear is true, it seems to me the thing is
a. Is the rImor correct that you Intended sending
in nomination to-day, and would have done SO II
the Board had IOt adjourned !
+" | have SAID to no one what intended to do. As
matter of fact did not lnteud to send any names
to tho Aldermen to-day Wat may dc hereafter
have not decided what will do"
Luke f. Cozans, a lawyer we'll versed IN manici-
proceeding. it is the custom, IN ease, Of this kind
To proceed by writ of quo uarrdRio. IN injunction
is an unheard-of proceeding, except in case OF
specified act"
LEGAL ACTION on THr orhlR SIDE.
Immediately after the adjournment Aldermen
O'Connor (Repubiican) and Grant (Iammany) er1
gaged w. Bourke Cochran to appear for them ~
diyidually He prepared the necessary papers.
They say in their affidavit that tney
are members of the Board Of Alddr-.
men legally elected and holG q
certificates; that lno court has ever decided to 20
contrary; that while the injunction IL in force 40
lnri slu1 ion rnn he had. thnl Mr. Kirk cannot act