New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-05
NO ARREST ORDER YET.
1rsTICE FITZGERALD AGAIN PUTS OFF
ACTION AS TO COUNCILMEN.
vor-r OF THE FIVE RECALCITRANTs GO TO
LONG BRANCH-HEARING BEFORE
JUSTICE MADAM ON


The impression seems to be gaining ground In
anne quarters that none Of the Councilmen will
No sent to jail for their action the Hall of
Records bond issue. However that may be, II Is
certain that Justice Fitzgerald. after consider
,ng their case for the greater part Of yesterday.
and taking the advice OF the Assistant Corpora
tion Counsel left the courthouse at o'clock
without signing any order regarding them. and
went TO his summer home at Long Beach. Four
OF the Councimen. who left the Jurisdiction OF
the State on Thursday night and went to Long
Branch. ~ j.. need not have been in such a
hurry after ALL They are Joseph Cassidy Mar
fin r Comfy. William A. Doyle and Charles II.
Francisco These. with Bernard c. Murray,
fused 10 vote for the issue Of S21OOOOO Of
bonds.
As soon as Mr.. Moss had finished examining
them before the Mazet Committee on Thursday
they left the courtroom. but rename In the
corridors OF the courthouse long enough to
learn that the order for contempt had not been
signed by Justice Fitzgerald. Then they hur-
ried to a saloon, where they had left their
gripsacks earlier in the day. and silently stole
away
They were not able to reach Long Branch
unseen. however. for Alfred c. Petite. OF Kel-
logg, Rose & Smith. counsel for the contractor.
John Pierce happened to board the same train
had intended to leave the train a good way this
side Of Long Branch. he followed them TO their
destination None of their friends in this city
yesterday would or could say how long the
four Councimen intended to stay at the sea-
shore.
PREPARING THE ORDER
Justice Fitzgerald early in his chambers
IN the County Courthouse yesterday, and at
once became immersed 1t said. in the
preparation Of the order to be signed by him
adjudging the Councilmen in contempt Of court
for their refusal to obey the writ of mandamus
issued by him. which commanded them to au-
thorize the bond issue. Nine Councilmen. who,
at the meeting on last Wednesday voted for
the issue OF S34 255 60 Of bonds TO pay the claim
of the contractor John Pierce. who is the re-
lator in the legal proceedings against them. also
voted for the issue Of the S21OOOOO necessary
for the erection Of the new Hall of Records. AS
Justice F1tzgeralds decision adjudged them all
guilty Of contempt, but directed that provision
be made In his formal order which would OBJ
viate the necessity for their imprisonment
should they obey his writ OF mandamus. these
nine Councilmen declare that the clause speci-
flying that they be imprisoned should be elimi-
mated from Justice Fitzgerald's order. as they
have compiled with the spirit Of the writ OF
mandamus.
1t is to the other five Councilmen that the
real trouble has arisen. 1t is asserted by their
lawyer, W. j. Kelly. that in voting for the
S34 255 90 Of bonds they had obeyed the writ.
Mr.. Kellogg. Pierce's lawyer, maintains that so
far from obeying the writ, they simply aggra-
waited their dsobedience. and that the order
adjudging them in contempt should retain the
clause directing their indefinite imprisonment
For several hours on Thursday the lawyers
for the various denquents and Mr.. Kellogg
argued before Justice Fitzgerald In his private
room as to the form Of the order. Assistant
Corporation Counsel Blandy was finally sent
for, and gave It as his opinion that the issuance
Of the S34 255 60 would not be compliance
with the writ and Justice Fitzgerald then post
poned his entering Of the order until yesterday
Mr.. Blandy had a long consultation with the
Justice again yesterday morning and on leav-
ing the courthouse said that the order would
hold the fourteen members OF the Council In
contempt, and that the Imprisonment clause
would be retained as TO all Of them. Their ac-
tion last Wednesday he said was ex parte. as
they had not then been served with the order
adjudging them in contempt but had seen in
tho newsnapers or somewhere else the Justices
decision.
after Justice FITZGERALD had entered his order
Mr. Kellogg need not ask for warrants for the
commitment of the contumacious Councilmen
until after next Wednesdays meeting. II he so
chose He added that there was no doubt that
DOYLE. Francisco, Comfy Murray and Cassidy.
bv their refusal to vote for the issue OF the
81 100 600 had aggravated their original con-
tempt Of court. and would most probably be
sent to prison.
He was told that 1t was rumored that these
five men would resign and then declare that
they could not vote. as they were no longer
members of the Council. and could not De IN
contennn, "If they attempt such a thing as
that they will remain In jail forever Mr'
Blandy said "as that would be an announce
rnent on their part that they would defy the
Court I don't think they are such IDIOTS as 10
play that game
CRIMINAL CONTEMPT CHARGED.
Arthur II. Smith, OF the law firm OF keloss'
Smith & Rose counsel for John Pierce, submit
ted further memoranda In the matter ior JUS
tice Fftzgerald's consideration. The nemor
anda II is said, argued that the contempt o'
the five Councilmen who voted against 'he issu
ance of the entire bond issue at wednesday
meeting Of the Municipal Assembly was
criminal contempt. and laid them open to
criminal prosecution. .
Justice Fitzgerald will not sit again In court
until the expiration of the summer vacation, II
is not expected that he will sign his order oe-
fore Tuesday next. and probably not uh'i'
Wednesday, as the twelve members OF '"o
Council exclusive Of President Guggehnent,ia na',a
and Councilmen Hester and McGarry, "i0 60 100
consistently supported the issue OF the - W.
900 OF bonds for the Hall OF Records. ana D mno
were not served with the original order 70 oS SHY
cause why they should not be mandamuseo'
will appear before Justice McAdam on Tuesoay,
and endeavor TO explain why they should NOT
be compelled to vote for the entire issue "a
bonds. .,.,