New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-18
COUNCIL AGAINST COURT.
AN ALLEGED EVASION OF WRIT OF
crD,ro,,pr .por-crS JI-DGE DEPJ'E

AN ALLEGED EVASION OF WRIT OF
CERTIoRARI AROCsES JUDGE DEPUE.
Orange May II (SpeciaD.-The boiling Repub-
lIcans OF the Orange Common Council. who under
the lead OF Mr.. Parkinson formed coalition with
the Democrats for the avowed purpose OF ousting
John =. Dexhemer from the Office OF street COM
missioner ha, e got themselves into a peck Of
trouble by attempting 10 monkey with the buEz saw
OF Supreme Court writ OF certlorari. and yesterday
Judge Depue spoke pretty frankly of them and their
actions.
The matter came up on the application ofChandier
W. Riker representing John P. Dexheimer, the
Street Commissioner. for a writ OF cerdorar TO re-
view the proceedings OF the Common Council IN
passing an ordinance consolidating the ONCE OF
Street Commissioner with that OF City Engineer
under the latter title. This ordinance was rushed
through at a special meeting on May II. Mr.. Riker
declared that this practical evasion of pre-
v,ous writ OF certorari taken TO prevent the Council
from declaring the office Of Street Commissioner va
cant. This last-named certiorari writ was an
Dounced TO the special meeting OF the Council on
Friday, May s. and the Council then undertook TO
dodge the writ by reconsdering the action In de-
carng the office vacant and at once introducing an
ordinance for the consolidation OF the Offices.
Mr. Riler argued that there is no such office as
that OF City Engineer provided for in the
charter and that 1t had been created later by ordi
nance. He insisted that the consolidation ordinance
was simply an attempt to evade the writ 1t was
also asserted that the meeting at which the
solidation ordinance passed Illegal, in that
1t called by the City Clerk, at the request of
five members, while the charter gives the right to
call special meetings only 10 the Mayor. and the
practice of calling special meetings by the clerk
has originated only In the rules OF order OF the
Council Mr.. Rker made two other points One
that the ordinance had not been published.
cordlng TO law. between the first and second read
ings and the other that the ordinance had been
passed both the second and third readings at this
special meeting while In the notice for the meeting
the second reading OF the ordinance only called
for. and no clause relating to other business in
the CALL and hence that other could be legally
transacted.
Edward NJ. Cole. for the city, dscalmed any dis
respect to the Court any attempt to evade the
original writ.
Judge Depue spoke strongly In relation to the
matter. He said that II might do d great deal OF
harm TO allow such proceedings OF Common Coun-
els 10 go on without investigation and that the
act OF passing the ordinance while the Dexheimer
writ was pending did not indicate good faith on the
part OF the Council AS II appeared to him, the
Council might Just well have met the street
corner. as the meeting without official sane
ton, not having been called by the Mayor, as the
charter provided. Continuing. Judge Depue said
When these people set themselves up TO run a race
with writs OF certorari the are constrained
10 do what they have the authority to DO, and that
is 10 pound them"
Judge Depue then granted the writ and made Il
returnable at the present term Of the court.