New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-12-25
THE INJUNCTION IN FOROE
ALDERMEN STILL UNABLE TO ACT

NO DECISION - TIE QUESTION or sprcr,,
COUNSEL.
The Supreme Court, Chambers, was crowded
yesterday TO its utmost capacity. ani number OF of
hcials OF the City Government and many politician.
in attendance 10 hear the proceedings before d,s
Lawrence relative to the injunction prohibit.
ing the Aldermen from acting in any mann.r
W. Bourkc Cochran represented Aldermen Grant and
OConnor Corporation Counsel LacoDbe presents IN
behalf OF the Board OF Aldermen Ira Shafcr representa-.
the Attorney General, and wilson g. Wolf appeared fos
william T. Demarest and others who seeking IN IA.
clare the election Of the Aldermen invalid. Mr. Coekr,,
stated the of the order which had ob,aneA
from Judge Davis and asked II the court would hear ts
argument.
For wnom do you appcarl" inquired Mr. Iacombe
% represent Aldermen Grant and OConnor," replied
WELL" said Mr.. Lacombe. In tone Of surprise. or
appear In this case for these gentlemen the o,nee
numbers OF the Board. have received no communca
zion from either OF these gentlemen that they desired IN
nave special counsel IL seems to that this gontIemsa
has standing In court"
Mr.. Cockran-where injunction has been is.u.a
against an Official body restraining 10 from1 perornn,
any OF It's dulles for the purposes 81 the motion any u
the members of the 30 ard have right TO counsel
Mr.. Laconbc declared that he had appeared befora
Judge Lawrence on Tuesday 10 have tho inlunctiao
vacated, but Application was denied.
"Isad, remarked the Judge. " that should not I'M
dertake, upon an cI'parc application. to change tho
return day ~ an order which had been fixed by another
1l,,s Of Ihe court Tnpro,e Il !. my duty 70 9ear'
Grant and OConnor desire special counsel. said Mr.
cochran. 'Nhfn these Aldermen were served with
Injunction they had perfect right, morally legally
"Itis entirely unnecessary TO sny." rctorted Mr. La
connie mat would nave ~ ihcir request, appointed
any special counsel whom they might have desired.
Courtesy should ut least be shown by giving nfoma
Ton of the appointment Of special counsel Informed
The gentleman on the other side that your Honor had
clIned 10 hear this motion today. WAS also Informed
nat wod to that effect was sent 10 the Attorney Gen
'ai"
cocktan 70 ask his intervention Ga have this Injunction
vacated. A. the Corporation Counsel makes this
ter of courtesy. don't any why this appca-
ton should not be- heard now"
- desire to know" iniopo'cd Mr. Lacombe. whether
Nldemcn Grant and 0connor have repuliaied tho
Mr. shaier When this Injunction was obtained thcss
papers were placed IN my hands assistant counsel for
ne Attorney General who. by messenger has said that
Ne Will he here on Friday morning 10 assist ne In This
matter. ! would like 10 know from the counsel who
obtained this order II he suppressed from Justice Diy,
he fact that the Corporation Counsel had applied to
Mr.. Cockran said he did not know that fact.
Mr. The question whether the orier ~ Juscs
prejudice person by having this postponed until
Friday morning. when the Attorney General will be- here
have learned that this Board of Aldermen have sgnihcl
heir intention to 81 daily. eNccp sunday.
Mr. Cochran While this injunction + m existence no
Board " Apportonmcnt cannot act Tho application
the injunction IL surrounded nv suspiciou which
ont want to Discus. here. An injunction IN dnowar.
tano proceeding IA unhcari of thing The law IL very
plain mud the court could only dissolve this Injunction
Mr.. shafcr Docs tho gentleman know of amy bargain
~ regard tn the Mayor or With fcfrcutcto the or anf
Mr. Cochran don't rcpwsent any organization. I
Mr shnfcr Wen. he docs represent m Organization.
Docs he know that there are about To- bc morn cptrupt
bargains made 10y the prcscnt MNprl or does ho know
lho.c Of the coming Mayori Tho Attorney General
authorized The commencement of thiN action. AMI lao
asks "a be- heard upon this motion,
"ltts Your duty" said M. Cockmn, turning 10 judge
Lawronc" to give prompt Keller To- any branch OF th'
government when they ask for H. While this Injunction
stands the labolcrS OF the Park Department are COM
PEELED Ia wait Tor their pay which they cannot obtain
Alderman f.
judge Lawrence decided thai a. THIS WAS ease Of
o'clock
THE AUTHORIZATIONS RESERVED.
At2:22 p m. the ease was resumed. Judge Lawrencs
decided that tho plaintiffs should he heard first Mr..
shafer then stated that the question was not whether
the contestants elected but whether the defendants
we're chosen In constitutional manner lie wished 10
say that Inc had no sympathy with any political interests
involved, and lie cared nothing what might oe tho
partisan results; but he would not feel badly u see
board checked the members of which have been charged
with bribery and CORFU zion by responsible newspaper
without having denied II brought SUIT The con-
.tuuonal law of 1865. he said provided that each male
In the city OF Ncwiork bad right To vote Tor "A
Alderman. IN 1873 minority representation in tue
Hoard was provided; that was unconstitutional. and tho
amendment in lss2 providing tor the present system oil
1t presumed amendment to anothing-an act that
was not constitutional. ,
Mr. Dean Of tho corporation Counsels Office spoke or
the Board lie held that the allegations OF the bill ana
affidavit not sufficient 20 warrant an inlnncuon
aud that holding certificates of election 'Onld hot
he forbidden functions OF the Office because some
other men claimed they were Aldermen without TIC
fOrmality OF election. .,,-
Mr. Cochran made two points: ~ That no equitable
cause Injunction shown IN the complaint oi tho
REALTORS. lie declared that the claim that franchises
were being given away utterly Indefinite thit IN"
discretion of the Court could not he moved 10y the lPp-
cation even II the Court had power % That TIE Jdgo
had mo power grant the ORDER for the erisrncr OF mo
office ~ Alderman not disputed. and lthe ipocy ana
precedents OF the law forbade Injunction rs hrl"rfh
parties claimant this oce. The estml ~ he com.
Ing ear could be passed. and salaries pai nhui
Mr. Kirk sat with the Board 81 Estimate a the nlune.
ton could nor DO dissolved Ia Mr.. Kirk alone. and
without reaching 70 the entire Board. The Judge To-
served his decision.
NINE ALDERMEN MEET AND ADJOURN
The Board OF Aldermen. rather the unerhed mcm-
beers OF H. met ~ y. Messrs Kirk Dempsey. Duny.
tinci, Grant. kcnney, OConn0r. shlcls and Wendell
answered to their Most OF the others were On
the floor below President XIX said: AS the iDjgnc-
ton against this Board"
Mr.. Grant-What Boardf
Mr. KIRK (contnHinel-has not been vacated. deem
II proper To adjourn. There Is quordm present, ana
therefore declare the Board adjourned To Friday at
4. m -. g.. n,,..-
CORPORATION Counsel IAcOmbe wrote TO Messrs Oton-
nor and Grant. expressing surprise that they were repro
scented In Court rs special counsel lie said that hc hiu
never neglected 10 assign counsel 10 LOOK aitcr Tue N
forests the Aldermen when application hah Deeh iiio
TO INN and he wished To know whether they desired 10
retain special counsel The Aldermen replied thar tue.
had engaged Mr. Cochran as their counsel ana propose"