New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-09
rlrE F1TzGERALD.s ORDER

FOR WARRANTS UNDER JUS
TIcE FITzGERALD's ORDER.
The application for writ NJ mandamus ~
compel Councilmen f J. Bodlne, J. T. OGrady,
David Van Nostrnnd. william J. Hyland, Stew
art NJ Brice and George 3. Christman 10 vote
for the bond issue Of 81 100000 for the new Hall
OF Records came UP before Justice McAdam in
the Supreme Court yesterday morning. II was
adjourned until tomorrow morning No war
rants have get been issued for the arrest ~ the
fourteen Councilmen already adjudsed in con-
tempt
The six Councilnen named We're all In court
Councilman Bodine and OGrady were repre-
sented by Henry a. Gumbleton. Van NOstrand
by Harrison 5 Moore. Hyland by William J.
Kelly. Rrice by J w Gerard. ir.. and Christman
BY Michael n. Gross.
Mr. Kelly SAID on behalf Of Councilman Hy-
land that he had obtained an order to show
cause why Mr.. Hyland should not have leave TO
come in and appear on the original writ Of man
danus The reason why he thought Mr.. Hy-
land should be allowed TO appear was that he
had not been served with the original order TO
show cause issued by Justice Giegerich. Coun-
SCI said that he believed IL was not sufficient 70
serve that order only upon the president Of the
Council but that every member Of the Council
should have been personally served With the
order he therefore asked that the hearing OF
the motion for a writ OF mandamus be post
poned until the day on which the motion with
regard 10 Mr. Hyland should come UP for argu-
ment
l. Latin Kellogg. counsel for Pierce. the Hall
OF Records contractor. said that the Corporation
Counsel was the only person who could legally
appear for the Council. and that the gentlemen
who appeared for the individual Councilman mad
no standing in court He said however. that he
had no objection TO a postponement until Thurs
day morning IN order to examine into the point
raised by Mr.. Kelly.
Justice McAdam asked II the proceedings be
fore him were not continuation OF the original
proceeding and was informed by Mr.. Kelly that
they were He then adjourned the hearing until
Thursday morning. With reference 10 the issu-
ance Of warrants for the Councilman who are IN
contempt, according TO justice f1tzserdIu : oi-
der. MI Kellogg said:
II shall not decide as 70 when l shall issue
these warrants until I have ascertained what
course the Councilmen intend to take to-morro"
al their meeting Should 7 receive satisfactory
assurances that they Will obey the Court, / shall
not ask for any warrants for their arrest H.
however statements made 70 me snow that the
Councilmen intend TO take any proceeding which
il not in accordance with the mandate Of the
Court I shall Immediately apply FOR warrants
for the arrest OF Councilman Cassidy, Comfy
Doyle. Murray and Francisco. These are the
men who have entered into an avowed combina-
ton 70 defeat the order Of the Supreme Court.
am giving them every chance. even AT the last
moment TO purge themselves Of their contempt:
and unless am positively assured they intend
TO do so I shall al once have the warrants tor
their arrest placed IN the hands OF the Sheriff
Assistant CORPORATION Counsel Rlandy said
that his office was not represented in yester-
days proceedings as the Corporation CounseI
had not been served with any notice. He was
present with reference 70 the mandamus pro
ceedings initiated by Henry w. Sheriff. ana
others 10 compel the Municipal Assembly 70 pass
the bond issue OF $4,000 for the Long Island
Waterworks He said that when that motion
came on ne would not consent to any attorneF
other than the Corporation Counsel, or such per
sons as he might designate appearing as attor.
nev az record or otherwise on behalf OF any or
the respondents Mr.. Blandy said that ne had
written to " !. Kelly 10 this effect, and thai
when the motion came up for hearing he would
inform the Justica that the Corporation Counsel
consented TO writ OF mandamus being issued 10
compel the respondents 70 pass this bond issue.