New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-27
MKANE NOT YET IN JAIL.
u,DGE CULLEN GRANTS HIM A STAY.
his ACTION BASED ON A MERE LEGAL TEcHNI-
c.1ITy-A GIGANTIC CONSPIRACY IN KINGS
My WIG rNypORTANCE IN

~
Tuy BOARD OF SUPERVISORS.
,rdge Cullen handed down his delayed de-
.,s,or Yesterday In the Brooklyn Supreme Court
T., the matter Of the application in behalf OF
1obn v McKane and his associates In Graves
end adiudged TO be in contempt or court Tor
..S,u ovtrageous defiance of Judge Barnards
Injunction on Election Day. Judge Cullen
uron,sd STAY of proceedings until the appeal
% the General Term in the case is heard This
,,,,, serve TO keep McKane and his fellows out
=. ,ou and from paying the fines imposed upon
,hau until after the decision Of the General
ITEM, which meets in February. The ground
Cor the stay is reasonable doubt Of the right
If Judge Barnard to issue the Injunction al
though he holds that the aff1davits and proofs
oil tended to show that all the defendants pre-
vented by violence the service Of the injunction
order and that such conduct was a contempt Of
court
II ,s a very significant fact that the stay Of
proceedings has direct bearing upon the
organization of the Kings County Board Of
Supervisors. Of which McKane is a member
AZ he remains out Of Jail, he will be able to
narticipate in the election Of president pro
tenn. which office he now holds Without his
vote the Democrats would not be able to organ
lie the Board, and Republican would be chosen
visor-at- Large. Mr.. Fitchie. and to appoint the
standing committees Of the board.
ITS CONTROL DESIRED BY SCOUNDRELS
The control Of the Board Of Supervisors is Of
the utmost Importance to some of the worst
scoundrels in the Brooklyn ring and they would
stop at nothing to maintain their power in the
board with all that this means for them In the
awarding Of such contracts. They have resorted
70 desperate measures in the past in order to
gain their ends. and their influence extends very
far and includes great many people. McKane
has been treated with the most suspicious
leniency, tenderness and kindness ever since
Judge Barnard passed sentence upon him. There
is every reason TO suspect the existence OF q
gigantic and far-reaching conspiracy in Kings
County to save him from the just penalties for
his crimes. McKane in the Kings County Board
Of Supervisors be of enormous service to the
worst elements in the Brooklyn Ring and the
members of that Ring will spare no effort no
labor and no expense to keep him out of Jail.
The judges decision began follows
There was ample eviG .nce before Mr.. Justice
Barnard TO justify the finding that the defendants
OF the court apart from the question whether they
had dlsobeyed or not The atiidavits and proofs
violence the service Of the Injunction order
He then tells at considerable length how in
functions can be issued, and ends his decision as
follows:
EQUITY AND ORES CIoNs AS TO ELECTIONS.
We are thus brought 10 face the question whether
the action in equity brought by the relator VIII
lie. Equity has been extremely loath 10 interfere
in matters connected with elections or the titles
10 Office public Office. 1t is said in High on In
functions. section l,Sl2 no principle OF the law OF
injunction and perhaps no doctrine OF equity 10
more definitely liked or more clearly establishes
than that courts OF equity VIII not ihterIe.e ~
injunction 10 determine questions OF the appoint
ment or election of public officers or ttIe 10 Once
sucn questions being of purely legal nature anu
cOgnizable only by courts OF law. II mas Deen
Of the illegal votes or the issuing Of the cerihcate
OF election to those not entitled cCreary on EIeG
vania somewhat in conflict with this rule put nose
decisions proceed on special statute ba o. fea
what from those cited. The injunction was not 70
eKeuson of Certain watchers Mandamus would be
the ORDINARY remedy. That remedy had failed by
apocatoH noee now being required by the code
though from earliest times up to ls7 this court
case without notice. The complaint alleged con-
sray on the Pap OF nS m e he
Of the town to violate the law ,ba ana be ae
fraud Inc rentIG IN ' case for the Intervention Of
equity as l also have believed that the decision OF
but i Is SeTy ect t to grave doubt Even hard
t TO nttr @Tg 0 TO stop saon which
had dsTb the peace of the State Was an
end verv desirable in itself. but was not TO be OBJ
tanned by the equitable Interpretation OF the court
at the peoples suit The people agt Albany ana
Susnuebarna Railroad 81 York l6l. II this
inf,nctioa order was Invalid the defendants. how
ever wicked and fragrant their offences may nave
been cannot be punished for contempt, but their
punishment must be lef; to the ordinary adninistra
ton Of re criminal law The question OF validity IL
sroiec 10 doubt and the stay should therefore be
granted the defendants 70 renew their bonds on ap
peals ,s 49, ,,.,,., ,,a, |
Gated on the argument. y is because nave iouho
WcKane il confined to his home at Sheepsheeai,d !
n euysrin from A severe cold contracted While !
~ bic recen shooting trip in the South. Doctors
o., IN constant attendance upon him, as they fear
his raladv will develop into pneumonia.