The evening world. [volume] (New York, N.Y.) 1887-1931, 1893-12-26
STAY FOR M'kANE.
The Gravesend Gar Will Not Go
to Jail Just Yet.
Cullen Says There Is a Doubt as ia
Barnard's Jurisdiction.
Found Moro in tho Subject than He
Had Supposed.

John Y. McKane will not 90 to Jail
Just yet.
Justice Cullen, in the Supreme Court.
Brooklyn. this morning granted stay OF
proceedings to McKane pending an APP
peal from Justice Barnard's sentence OF
thirty days in jail and $3.50 fine for con-
tempt of court.
The decision Is based on doubt az to
whether Justice Barnard had Jurisdiction
over the subject matter for which the
Injunction was granted.
The decision begins with the state
ment that there was ample evidence
before Justice Barnard to justify him in
finding that the defendants had wilfully
offered resistance to the mandate OF the
Court. and that there had been con-
tempt; also that the power of a court Of
equity to, grant mandatory. injunctions
pending the action. and before trial, is
too well established to admit OF question.
There Ii a difference, the Justice holds,
between an Injunction awarded on fina,
pr oa 1 remedy n "' Tne MeRane II in
Junction. he adds. is OF the latter class.
and while he always considered the ac-
te q unti 'u Vacated or reversed ue he has
found on examination OF Court Of Appeal
decisions that such view is questionable.
III not erroneous.
The opinion, goes on to cite a number
Of opinions showing that Courts might
not have power to try the action finally
although temporary inJunctions might
that the stay Is granted. Justice Cullen
says VS. o.u, .. ,.- ,,r,u. .o,,.,,..
not to AFFECT the vote nor the count, but
watchers. Mandamus would be the ordi:
Ta an had s. faee By
notice Of the application. notice being
now required by the code, though from
the, earliest time up to 1877 this court
urgent case without notice.
The complaint alleged conspiracy. on
the part CT the persons who controlled
whole government OF the town. to violate
the law and to defraud the relator In the
election. believe that these allegations
equity, as l also nave believed that thu S'
decision of Justice Barnard on that ques
ton was conclusive. But 1t Is very cleai
so ass sea
cases have not always succeeded In get
ting equity to intervene;
had Dr ssSn aume sSaci e sss Th s
thority. and which might disturb the
peace of the State, was an end very de-
s,Table in itself but Vas not to be
Of the Court at the Peoples suit. Peo-
pie VS.. Albany ct al, 81 New York, 16l.
III this injunction order were invalid,
the defendants, however wicked and
fragrant their offenses. cannot be pun
ished for contempt, but their punishment
must be left to the ordinary administra-
ton of the criminal law. The question
Of validity is subject to doubt and the
stay should therefore be granted, the de-
PENDANTS to renew their bonds on appeal
"If the opinion has extended beyond
the limits Indicated in the argument
1t is because have found more In the
subject than I had supposed"
1t was 1910 o'clock before Justice Gull
len arrived at the court. For an hour
previous to his arrival there had been q
large crowd Of lawyers. politicians. and
chambers Of the Supreme Court. Lawyer
Roderick and ex-Judge Troy. McKane's
counsel, were among the crowd early.
When Clerk Stevens read the last par.
agraph of the decision, ex-Judge Troy
asked to read 1t before 1t was given &c
the reporters.
AS Mechanics lawyer read 1t through
the news to the Gravesend chief
John Y. Mckane was seen by ar
Evening World" reporter at his once
surrounded by a crowd Of Gravesend
friends. who were offering their con
III is just as I expected" said Nc
Kane. II knew We would get the stay
We win win at the end. too There Ii
McKans's appeal will come up befor,
the General Term Of the Supreme Court
in Brooklyn. on the second Monday II
February.