New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-02-15
A STAY IN EX-MAYOR EDSONS CASE.
TIL APPEAL TO BE ARGUED AT THE NEXT GEN
TRAL TERM.

ERAL TERM.
Charles 7. Miller was on hand bright ana
early Yesterday befoye Judge Freedman IN the superior
Cour that he might get into proper shape his pct order
obtained from Judge Freedman holding ex-Mayor Edison
guilty of contempt and worthy of fifteen days imprson-
ment and $3.50 fine for appointing Commissioner OF
Public Works when Judge Beach had told hin not TO-
David Dudley Field Robert Sewen and William A.
puer we're present look out for Mr. EdSons interests
Mr. sewel on seeing Mr. Miller comfortably settled and
wearing Citizens Committee" look of responsibility
formally acknowledged the receipt of Mr.. MilicFs
deslres a. to the form the order OF settlement should
take and said that he wished merely TO have The place
designated for Mr. Edson's imprisonment made htle
more degni.e than Tie Jail Of the City and
County OF New-York" Mr.. sewell wished il put down
Is Ludlow street jail, in the City" etc.
Judge freedman said that the jail in Ludlow S. was
the identical one he had had in mind, aud he thought
there would be trouble about Ina; point
MI seweil then made application for stay OF Iro
ceediues pending appeal 20 the. General Term Inc
papers were prepared lie said ana lie thought there
no danger OF Nh Edson's running away Mr. Miller
nsiounded everybod by saying that he made no opos
ton TO a stay. Judge reedman then said:
In making the decision did simply performed my
dGty to the best OF my ability 1t was pa,hiIl diy,
me everything turned upon tire question OF lsdlctloh
that IS TO whether the learned uise 81 nc No
OF Common Pleas who granted the injunction bad JuIls
dictiOn grant IL. When that question was dc'Hrs
contempt OF court. The question OF Jurisdiction how
ever was very much involved and neutrality-suspicious. OF
a grave character Ii the defendant desires 10 have my
action reviewed shall assist him IN taking review
The right appeal; should always he granted To deny
this application would be TO hold that although the
d. endant had night Of APP cal Yet II would be OF no
avail to him. This would not be right or proper
In speaking of the power to grant injunctons the
Judge said: The cours cannot always guard against
abuse There may BE strong reasons FOR leaving the
power so far as It may be exercised TO prevent Pnoc
officers from Improperly voting away valuable franchises
or from permitting OF corporate property to oe
tribunals but il IL be lett TO include the authority 10
impose an Injunction upon executive officers OF mum
cnal CORPORATION in making nominations agree lhal Us
exercise should at least be surrounded by saieEuiii
The case Is in good hands, and the ability o the learned
counsel retained by the defendant Is "a sufficient guar
sptae that all that can said in the matter ia As behalf
Mill be said The motion for stay Is therefore granted
but upon condition that the defendant silpniate 70
argue the appeal at the next General Term oil the court,
which will sit in March," . , -. $50, -,
your HOuor understands said Mr. Miller benign
any that not only make no objection, but thnh IL
Is the proper course to take -, -, - . -
/ think the General Term viii compel you, con
tinued the Judge aIge the appeal either Oh the rst
or The second Monday OF March II viii he necessary
argue it them because in May Judge Iruax ana myaef
will sit ia the General Term. ,.,
Judge freedman then signed the order on the settle
meut and that granting a stay or proceedings. PIT,
sewel sent word 70 Mr. Edison hat the SWORD VI
DamocIes was still suspended. and Nj Miller began
looking forward 20 mighty events