New-York tribune., 1899-07-29
COUNCILMEN GET NERVOUS
VISIONS OF CONFINEMENT IN JAIL
TROUBLE SOME OF THEM.
HAsTY TRIPS OUT OF TOWN DECLARED TO
BE vAIN-sToRY OF THE MAYORS
ALLEGED CONTEMPT DE- 20
cLARED ABSURD.


Councilmen who have been cited 10 appear
before Justice Fitzgerald, in the Supreme Court
on Monday and show cause why they snouid
not be punished for contempt In refusing 10
obey the mandamus directing them 20 vote for
the bond issue for the new Hall OF Records. were
nervous yesterday. Some OF them began 20 rear
confinement in Ludlow Street jail. Several of
them we're reported to have taken hasty trips
out Of the city. with the intention OF remaining
away until after Monday TO avoid the SER
vice Of the court order upon them. L. Lanin
Kellogg the attorney for the contractor OF the
new Hall OF Records who secured the ORDER
said yesterday that to avoid the service OF the
order would only make the proof Of contempt
mere complete Yesterday afternoon Thomas
A. Healy Mr. Kellogg's process server. had
succeeded in serving the order upon nine or the
Councmen and he expected to serve more last
night
George w Plunlxitt. the Tammany leader.
went to SEA Mr. Kellogg yesterday on behalf
OF some of the Councilmen who were IN rear OF
being arrested. and said he was prepared 70
furnish bail for the officials
"Au right" said Mr. Kellogg. you can DO
so: but they GO to jail just the same
What" exclaimed Mr.. Plunkitt. "ean they
not get out bail?"
mo sir They go 10 Jail until they purge
themselves OF contempt"
why. never thought Of such thing" said
Mr. Plunkitt as he hastened away.
MR.. KELLOGGS HOPES.
| Mr. Kellogg said in the afternoon: Il DON'T
think it will be possible = serve the Council
men all before Monday; but it does not matter
! as we can get the order extended. / tnink ths
! Councilmen will come together in the mean
time and pass the bond issue They are learn
ing that while there are many things they can
! legislate upon this s not one Of them.
Because Mayor Van Wyck signed the resolu-
ton passed by the Council on Tuesday asking
for the advice Of the Corpor -tion Counsel as TO
| their rights in the mandamus proceedings soue-
| body started a report that the Mayor might
also he in contempt. The report was declared
Yesterday bv one OF Corporation Counsel
| Whalen's assistants 10 be absurd. He SAID:
The Mayor signed that resolution as he would
any other resolution that might be passed ny
the Council asking for advice from the Law
Department II they had gone over 70 Mr..
| Wbalen in a BODY and asked his advice there
would be no harm in that and there could pe
none in asking for opinion by resolution. IL
| was the dsobeying of the order OF the supreme
! Court not the passing OF that resolution, tnat
made them liable The Mayor could DO nothing
but sign IT, He would oe guilty OF great
|
| the Council is badly in need or good adVlce.
| Mr. Kellogg yesterday called on Clty Clerk
| Scully and asked him 70 send the resolution ap-
| proving the Hall OF Records bond issue 10 the
| Board of Aldermen before the next regular
| meeting so II will have no further excuse TOT
failing TO obey the order OF the Court.
TO DEFEND THEM.
Councilmen Cassidy. Comfy, Doyle ard N'f--
raw have retained w J. Kelly as their auorney
70 defend them when they appear on Monday BE-
fore Justice Fitzgerald. in the Supreme courf.
Mr.. Kelly said yesterday: They have no de-
sire 10 defy the Supreme Court or to disoneS
its mandate The notice OF the Pierce apphca-
tion for writ Of mandamus, for some rea-
son was never served on either one OF my
clients They had TO hearing. they had no
knowledge Of the tendency Of the proceeding
| until the morning Of their meeting. when tney
! we're served with a writ Of mandamus.
'It is not right 10 say that they refused 10
| obey the writ. They had been commanded 70
| vote for measure which, so far as they knew
/ ANYTHING about IL. was improper ana wrong
| without any notice 70 them They dld Shat
snv one in their situation would do-they re.
ferred the matter 70 the Corporation Counsel
| for his advice and asked him for Information
| as 10 the claim Of Mr. Pierce. The only In
/ formation thev have concerning IL is that II is
! contract let in the last days Of Mayor Strongs
| administration, and that Mr. Pierce was not
the lowest bidder by some S3Ooocc