The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-06-06
TRACY ALONE.
WIN Not Be Accompanied to Auckland by
an Assistant.

an Assistant.
Detective Tracy will have to go to
Auckland alone, at least if the supreme
court does not take up the case immedi
ately and decide in favor of the police
board, as the only means by which
special Officer Badger can otherwise pro
coed on his Journey, is by . private sub
scription of funds. The clerk of the su
preme court said that the case cannot
be advanced on the docket or heard in
chambers. There is az yet no prospect
Of making good the money, and unless
il is raised by some scheme Mr.. Blair
VIII telegraph Badger to return 20 ST
Louis on his arrival at San Francisco
Mr.. Blair yesterday submitted the fol
lowing report I tho mandamus proceed
ings and the departure OF the agents &c
the board:
To The HONORABLE BOARD OF Pc
LICE CoMMIssIoN EGS-I have tbs honor
to report, that in pursuance of your oil
rections at the last rut citing of the board
on Frinday, the ooh inst, | have insti
tuted mandamus proceeding against
the city auditor for $500, drawn for the
|
expenses of the sgULt and officer to be
sent for Maxwell. BY extraordinary
efforts was able to procure q hearing
OF the case on Saturday, Tho 30 inst, and
after full hearing of counsel, the cir
cult court ordered peremptory writ
to issue. / had understood from Mr..
Bell, city counsellor (though there was
no agreement TO that etfect) that the adj
| judioation Of the circuit court would be
all that was required, and that the aud
itor would act upon such adjudication;
| to my surprise, however, Mr.. Bell i'm
mediately after the decision announced
his intention of appealing the case % the
supreme court OF the state. On Mon
day, the Isl day of June, he complied
with the formal requirements and per-
fected his appeal, but declined 10 make
any arrangements for completing the
transcript looking to the obtaining Of
an immediate hearing and decision be-
fore the supreme court. l was there
fore compelled, in view OF what / shall
state hereafter, 20 make such arrange
ments as / could for securing such hear
ing. telegraphed to the clerk OF the
supreme court to ascertain If q hearing
could be had either in open court or in
chambers on Wednesday the 3D. instant,
and have Just received from him, after
considerable Geographic correspond
once, MESSAGE stating that the court
will not hear the case in chambers as
they have adjourned TIL Monday next.
This seems 10 end the matter, and we
shall have to recall Badger, unless our
attorney, whom / send TO Jefferson City
tonight, can get the court to change It's
view.
NY reason for desiring to accomplish
4. tg,. oh 80.
1t was absolutely necessary that the
men TO DO sent for Maxwell should
leave here on Saturday night, Both inst.
had received from the governor of the
state an advance OF $3.50 tor the ex-
penFes OF the state agent, Tracy, but no
funds of course to pay the expenses Of
the guard, whom we thought necessary
to appoint. II would have been obvi-
oUsiy impossible TO secure a decision of
the supreme court in time to send such
guard from here TO catch the steamer at
San Francisco on June 6, hence | Sc
lected man (Ohicer Badger of the
Third district, whom, upon investigs-
ton, / found to be best suited in
all respects for the mission) and
sent him off with the agent on
Saturday night, instructing him that |
would telegraph him this week either
to return because we could not got the
money in the event OF the supreme
courts decision being against us, or
that | would telegraph him a sum snih
Client TO pay his expenses and authorize
him in the same message to proceed TO
New Zealand with the state agent. /
gave 10 both men careful, elaborate in
structions as TO the course which they
should pursue upon their arrival, and
they left here Saturday night, are due
in San Francisco Thursday, the 4th
instant, and their vessel will proceed on
Saturday, the 9th, about noon.
JAMES p. BLAIR, V. p.