The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-02
JAIL FOR THE COUNCILMAN
r. THEY DOS'T OBET THE COURT
st0o FIVE EACH. ANYWAY

,.r,rt Case Promptly-The Council
,.. ro.Dny to Decide In-will Yield.
,er,ofs loO each. and. unless they obey the
ordrrofthc Court promptly Imprisonment also.
.t,n r.ralty imposed by Justice Fitzgerald
,.r'i,y ON the following fourteen Council
a, who are adIudEcd guilty OF contempt:
-,,,. f. FOLEY. WILLIAM A. DOYLE
N,ulrS ESpti. MR''N r. 'oH'i
,,,. NrupIiY. JOSEPH cassidy.
,,.,,,, u,r.ESn,rl. FRANK J. GOODWIN.
Ir,fNr A. WEE, john l. oAhLLf'
- n rr,y,,sco FRANCis +. WILLIAMS.
Ap,u II. L'nh. hf"HA"p " A0H">''
Tr,., fourteen only were served with the
,rlcr directed to twenty COuncilmen to show
rn,.r why they should not DO punished
,r,,,,,,.rupt f,r failing to obey on Tuesday OF
,., week thn mandamus requiring them to
,,rr,.y, AN issun Of corporate" stock to pay
I,.hn PIERCE S34 900 due him for work on the
u. Hall, %, Records 1t was only yesterday
,,,,frr that briefs had been handed up by
,r,.,l,rrrrnf counsel for the rccalctrant Coun-
= rrou and they supposed they would have
mora time to ponder before the decision would
!, handed down. But it was handed down
about 3 o'clock in the afternoon. AS quickly
os the telephone could carry it announcement
of the de-. sion vas communicated to the offices
9th, lawyers for the Councilman. who were
soon sS"nlinatinE mo news 10 'heir cllehts'
The decision reads:
NO satisfactory reason has been presented
tynuy of The respondents for disobsd!enHc of
Nm. wr,, ol maadamus issued by this court
Tine alleged technical irregularities urged by
,,,rsaI are purely dilatory. As the writ was
regularly granted pursuant to jurisdiction
vested in the court. its validity cannot be col
literally assailed in this proceeding.
"Th" sole question in law is whether will
flId.sye.nrl of the order Of the court should
70 unfinished Had the numerous excuses
f,-I.ts,hpyinG ths writ been supplem entcd by
n frank avuwal OF intention to comply with the
mandamus the court might have attached
s,rnr force 10 the protestations that the con-
tumacipls action Of the RESPONDENTS was due
to an insufficient understanding Of the order.
Even now. after a clear conception OF its
terms and meaning. the II attitude can scarcely
be construed in q one of submissiveness. since
no uuoIuvucai intention Of Immediate COM
p,Ianrc is manifested by them. In contending
that they were entitled to DO separately heard
on the original application. the respondents
overlook the fact that the writ was not directed
to them as individuals. hut to Eoard OF which
they are members. and which was repre-
sented hy the Corporation Counsel. its duly
present attitude OF the respondents Is consist
ent only with Il wiiiul and persistent refusal
The mandate OF the court is not to be trifed
with. else the admn Stratlon Of Justice Will
fall into rtltrne E2ch2f The ,ollow Td named a.
rected that they b" severaily punished by i'm
prisonmept until they shall obey the writ pro-
tered hcr.on for opportunity to comply
And il is further ordered that each OF the
above mCutoncd respondents be fined in the
RESTS cannot lie made until the older is
ia rad a a he Ay ~ al
comply. which will bo specified in the order
and the order cann9t be entered Until unit the
ortcr By Mr. Kellogg to the Justice for his sig
meeting day, which is today. and give them
attIl an opportunity to obey tho mandate OF the
S tho ha n @F Of sh% 4fF b
The fine cannot lie avoided There seems to be
n way out Of that. and II they do not pay. the
vail. Tor they will nave to serve out their fine.
alta !oilar,a DAY; and miss the Dewey paETade
VS. At the Court House reading the decision,
son after il was announced. in great good
That WI teach the Counci linen that an
order vi the 'our: must be- obeycd. | shall
i"onIrIy servo notice Of so'tI"mcnt OF the
~ Ter uH the decision. and unless they obey tho
"f' ~ nandluuS they W II 90 to Jail and stay
',"" uI'i hey decide to obey | am not
'h'u-h v'h them vet. and have procured this
f".n.E ~ exclusion 81 the order 10 show
r'N- anti AIs :. 80 that | can serve the
b'"'.I an Z men ~ the twenty VINO refused 10
.Nrr lrr- ,.r-thgri is Sluu each or l.4UO
,Ial Pn''y good for one day; ami there are
tb"-o -;N moro are Ericc. O'Ira,!y. Christ
MAJ, II lard, Van NOstranh and iodine. OF
.'''", a. hIt "'HN" were in court on Monday.
an ugh 1"t -rr'ru. and it was SUPPOSED they
SCOUT b" arIouahl" TO any decision Tint might
-. l'l.. .r'd inif ~" JuIg" did not act on tho
'n ezra ~, 90, 81 ~" men 70, ssrE"d ,,oro 70 No
"p"r-r ul"u T., tie mon In contempt except TO
,,% n" m1ndlmus and ray the tness or 20 o
order 1t Justice Fitzgerald it would lie OF little
,'". as / is not customary Z" grant stay on
sa,d that, tho C"urcImen would obey the
greer 81 ~ court to-oHy and that tho ISSUE q
Sa % %S I'll ri G%s to HpS n tor I'll #. h Hal
meeting 'h" punci' adnutr'l resolution ask
M th"I or|rn'lcm Counsel what it should DO
Tn cTth" Hall ~ Records mHnlamus Mayor
Nhn "'"E. contrary to his usual custom. signed
" % ,e" yG%m IN @n'wrr to It, Torp1Tfnfit1n
wnrn wi.l hr presented 10 each branch OF the
AcsTmhy at to-Lays meeting:
-, EaNe I" say that the order for the ISSUANCE
OF ~" writ 81 maCdamus was not made with
our hn'i'" To- your honorable body. but was
t"ryed uron tn" presiding officer of each Of the
~ ~ 'G%; ana was by them sent to TINS once In
re "rGa' "'Mrs" ~ sHgGeston as TO ne
n .hh,H. rom my knowiedGc OF he iacts, k2Sw
wa, 'ho'r was no legal objection to the issue
% IN question and thSt 'hG GHm ~ "ns
o. Tny ASSISTANTS to consent TO the entry OF the
oI""r, winch was done. A. to the seconn part
ol'0Nr resolution, as to whether or not II Is
your duty 10 obey mandamus Of the supreme
(nnr' directing the actlo therein indicated,
n Dal% I" say that such il your absolute and i'm
Mr. Wharu has also written a letter to tho
n"uHrl III reply to n request from that body
InS' he ,"rpos" the. application OF sheriff. and
Other ;prn writ Of maudamus to compel the
IouhnN 10 pass the bond issue Of S07o.OOO 70
pay i"r, the Long Island Water Supply Com
nlHyS franchise and plant. The application
Wi. come Gp n Aug a. Mr. Whalen's letter
or, ~ subject Is as follows:
You do not submit any facts upon which tC
naHe ~ question to the motion. and may state
!" y! mat, after very careful examination as
10 'hlN matter see no reason to change M
2pn!2n expressed some time since 10 tht
boafd oil Estimate and Appointment, thai
IN. ls@N" OF the bonds TO pay this claim, WI
not Only b" legal. but mperatively advisa Bile II
Ihc interests Of tho city. know OF no reason
which would Justify me in resisting the appl
ths court on Aug X"
President GugGenhcimer OF the Council, wht
II hc'IIg Mayor this month. has requestet
mayor Van WICK to come to town to-day Mr.
huGf"Nhelmrr wants to preside at the meet
, ht q the Council. Mr. GuRgenheimer think
tntt Il" should be in the chair, so that he coult
vol" should the necessity arise. 1t was sug