New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-05-03
WHICH IS COMMISSIONER d!

MAYOR GRANT APPOINTS THE FORMER, But THE
EI.sES GIul ILLS

MAYOR GRANT APPOINTS THE FORMER, But THE
LATTER REFUSES TO GIVE Up HIS OFFICE.
Mayor Grants first appointment yesterday was
that Of Thomas + GilrOy to he Commissioner OF
the Department Of Public Works lie was com.
miSsloncd for four years from May /, 1889, in
place OF d. Lowbcr Smith, whose term, it is con-
tended, has expired. The Mayor administered
tho oath of otlic" to Mr. GIlroy at II 80 IL. III.
The new Commissioner filed his bonds OF 10000
with the Controller before II o'clock. His sure
ties were J. Edward Simmons, president Of the
Fourth National Bank, and Joseph VI. De Frau,
president OF the Mount Morris Bank each qualify.
ing IN $1,000, with the usual penalty in double
the sum.
Mr.. GilrOy, accompanied by John NJ. Bowers and
william H. Clark his counsel, visited the Depart
mcnt Of Public Works about II 80 a. m They
found the hallway leading to the Commissioner )
Office and the autc-roo occupied by twenty five
or thirty men. evidently capable of considerable
physioa endurance. rcCrUitcl frol various County
DymoraCy organizations Of the city, whose un-
doubted purpose il WAS TO hold the fort" should
any attempt be made to capture the place by
force Passing through the s"rrIrl ranks Of their
fo"mcn, the three visitors sent their cards IN TO
CommISsiOn Smith and speedily admitted.
After an cNchAng" OF ClvlticS Mr.. GilrOy said
addressing Mr. Smith: IL have been appointed
Commissioner OF the Department Of Public Works
by the Mayor Of New York, and | have come to
demand possession OF the office and Of all the
books and papers thereto belonging | hand you
a copy II my appointment and Of list of the
books AMI papers Of which demand the SURF nier.
Mr.. smith rcphUl, reading from paper which
he held IN his hand: " refuse to comply with
the demand you make for the possession Of this
Office and It's books and papers, because my term
OF flee has norrxprcI and now repeat 10 y"n tho
Diirr have hrrct. mad" t. Mayor Gran;, To- ub
init que ,tun there may b IL IL my right Ia tn"
continued POSSESSION of this Office L. tiN adJudlcl-
tl"n II the C"urtn, by agreement In the manner
prescribed by law, that II may be tnhlIy de-
cd~i by III. Court Of Appeals prior TO the first
day Of July neat
TAKlNG REFUGE IL THE LAW.
Mr.. GIlroy and his counsel returned TO the
Mayors office, where Mr. Bowers AMI Mr.. Clark,
with the as>Istau"c Of ". BourliH Cochran, pre-
pared the papers for application for an order com
man,!Ing Commissioner Smith o. show cnu>c why
he should not surrender H." ol'c' AMI records 10
Mr.. GIlruy. lhc appIIratI"n was first mad" to
judge nsrahaIn, III Chambers, but on the judge
lnformInS ~" npphcani" that he w"uiI not b'
sitting On M"Idny, thu day on which the order
was 10 hc mad" r"turnahl", IN" case was taken 70
judge hlrrrtf, Shu will BE- upon u" bench ut that
time judge Barrett issued the order and set the
time for the hearing at i II. n. Monday.
lh" rnp'rs on which the appcnu"n was made
include COHIplh nj, SWORN u 10y Nr. IIIr y, WlICu
,ct, forth th,t ID L"wh"r Smith was appointed
Commissioner ot Tuhh' Works IN December, -,
10 su"crNl John Newton, who's term 0f Office c\-
pir,v By hw IN May /, lS7' and tha' "n May
,, ls79, Mayor Grant appointed thr dci"n"n'
commissioner for four years from May !, l-~"
to Mhy |. Is95 III" refusal Of NJ. smith, after
dur demand, I" deliver Up t'r posi- sion of H."
"c" dc arrI aud t!l' usual orl"r LsE"l for In
rcor'ianr" ,.lti. "a f. ~ ;. A.fl + "' "a "
,is,r statutes of tie STATE, t" C"n"l thc d'hN"ry
II Tn" books laperN AMI records Of ia" department
flt1 M
Onglng to ia" several BUREAUS Of the Public Wor Ks
Department, were appended AfhaNits MS To the
cosreatnssa OF the schedule attached. signed
hy William J Dngg"it and John B kaNunnSh,
comm, Ini"rS ~ Acc cunts assistants
JHdgr lhrrrtt'> Orcr w..s transmitted u Sheriff
Flnck. Who placed It, with cpino~ OF the com
laln' and yIidnvIL>. IN th' hands OF Under Sheriff
John Is. Sr>ton. WH"u Tint ullcrr reached the
n"F Es % 'E %'i@"TT ,%I , at M ." % S,iaS IhS
waited AZ the drrr OF ihr Imi>SUn"rS private
"ifcr, hur:,ng h.> hu-r unudI" "i lrcdl docu
mrriis uriiI the rl">r ~ hV>Im.>>. lie Gll not
see Mr.. Smith. but hc had Tie plra>ur" Of greet
INK l'ulIrr Justirr Power ANA oin"r County
democracy h"il"r> "ho cam to dr"p words Of
,nc"uraE aErnrut in IN" ears OF the acting Com-
missioner.
eNFrCU or ME. GTrroY'S CAREER
IT, u"w Commissioner of Iurhc WORKS Is one
| of tlr Most proT.inrnr mrluh"is oi IL" ldmmany
Hall faction. ala l. t.n pr,>rnr chairman ol the
romnl'rrr of Twenty tour a.d Of th' '"nIni'."'
ou OrgnnyAtion. Mr.. GIlroy was born IL Ir"
land nh"nt forty nine years a,u a'd ,nrir :" N"w-
York with las parents IN lsii. ,'iHrrtl"n was
derived from Ia" publIc >,h""l> "f tUN "IiN am"
a. tir Free Academy. n"w o." "I.rGr - Tia" ~
II New lutK Al TIA" a-r "I NlNtrn hc began L"
rLrn TN. t.a" oi II r'mp'It.r ~ prIn''n--oil"r,
aud vuiicd Ut tHr cas-. ILuI =" wa. t"ruly-t"o.
His iirSi political dpp"Intn'ni was That "l I"rk
In rnr SUpr,lnr tuurl thhIa'rr>. Nt'r"hrd
tor mruv year, l." held III" place "t rl"rk IN III"
Counry Clark under County Cl.!n Fla"k. and wh. n
NJ. FIa,G b""rInr Nh".in IN January last. hr ni-