New-York tribune., 1895-08-30
CORSA DISMISSED AGAIN.
COLONEL wARING THINKS THIS WILL BE
FINAL.
THE COMMISSIONERS ACTION TAKEN ON THE
GROUND THAT CORsA DID NOT APPEAR
FOR DUTY WHEN HE WAS REIN
sTATED-HEAhfNG ON MANDAMUs

PROCEEDINGS
Street Cleaning Commissioner waring has made
a move upon II. c. Corsa by which he believes that
he has got Mr.. Corsa out OF his Department for
good Mr.. Corsa dismissed from the Depart
nent again yesterday. and this is said to be final
Mr.. Corsa held the position Of District Superin-
tendent in the Street Cleaning Department. the
salary OF which II 81 W. He and Colonel Warng
did not get along we'll together, and on August
Mr.. Corsa received private letter from the Com
missioner asking for his immediate resignation from
the position which he held Mr.. Corsa stood upon
his rights as We ran and declined to resign. and
later was dismissed. after charges had been made
against him. He declined to remain at the hearing
as witnesses against him not sworn. Mr..
Corsa. through counsel obtained order from the
Supreme Court directing the Commissioner to show
cause why perefnptory mandamus should not issue
10 compel him &c reinstate him to his old position
This proceeding up before Judge Beekman. In
Supreme Court. Cha.nbers yesterday. Alderman o.
colt appeared for Mr.. Corsa. Assistant Corporation
Counsel Ward represented Colonel Warng. The
latter has taken such personal Interest In this
fight OF Corsa that he was In court himself. ana
paid strict attention to the argument OF counsel
As soon as the had been stated by Mr. O'cott
Assistant Corporation Counsel Ward sprang sur
prise by declaring that only yesterday Mr Corsa
had again been dismissed from the position OF
district superintendent and that 1t was final dis
mssal Colonel Waring had been instructed that
the original dismissal OF Mr. Corsa was not legal
and that he should he renstated. He might then
act upon the charges brought just before the original
dismissal in the manner provided by law Acting
upon this advice. Colonel Waring' on August -o'
sent n communication to Mr.. Corsa informing MIN
that he was restored to his place In the Department.
and 10 report for duty at once MT. Corsa u'u "o'
1T TO take advantage or TINS res'ora''oh iias
much as his case was before the Supreme Court
and his counsel advised him that he would peter
get the Court 10 Issue a mandamus to compel Colo
mel WarIng 10 reinstate him. 1t is now contended
that as Mr. Corsa has refused to accept this restora
ton and having absented himself from the De-
partment for five consecutive days. his place IS
deemed vacant Just II he had resigned ana yes
terday morning the Commissioner dismissed hn
again from the Department An affidavit OF Com
missioner Warng setting forth these CIRCUMSTANCES
presented. , l.,
Mr. Olcott was taken aback at this stand ana IN
sisted that II was not proper step for the COM
missioner n have taken In view Of the proceedings
before the Supreme Court Mr. Olcott thought the
cour, was hound TO grant the writ and to direct
that costs be paid Corsa. He did not cohs'oer
that II would have been proper for Corsa 70 nave
accented restoration and then come INTO court 10
have asked for his costs. Justice beekma" sa'u
that he was entitled to costs. but under the pecu-
lar circumstances that the case had assumed ne
reserved his decision upon the application ior 'he
writ and gave Mr.. Olcott an opportunity 10 put IL"
a replying affidavit to that OF Colohe' "af"s "po"
the question OF the restoration
Alderman Ocott said yesterday: . .,,..,,o
commissioner Warng had no power 10 relns,a.e re-, @
Corsa while legal proceedings to that end We're
nendine and any other action he may take VIII De
Illegal ! shall every effort to wnlcn may
lawfully and honorab.y resort 10 r.ed nsxt Tues
right in the position have taken