The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-01
COUNCTLMEN MAKE EXCUSE
s11TEEy OS the SUPREME COURps
STOOL or REPENTANCE.

=, a., surra.nc Court IN their hearts lined up
In part / Of the Supreme Court yesterday
morning with about half as many lawyers. 10
-. tus,ine Fitzgerald that their respect
a.. srprcme C1srt was unbounded. that
n .,,,ry, lad meant to lie good. and that no
r,a,tsr ,yhut had been said in the Council
onomter ur out OF II the Idea that they had
.v.p Iptlma'cl that they were not going TO
oi.v tl,r courts order and vote! FOR the bond
,.suo that the court had ordered them TO vote
for VIA, absurd Most OF them looked rs II
they wished they had never been elected 10 the
Council.
m, last city administration provided for the
erection OF HAL Of Records and appropriated
.',,s,Llrr more than S2.OOO,OOO for the ex-
,sr,or construction. The contract was ap-
n,ov,I l., tho n,s administration. 1t has been
.,,r,yc.I rs the present administration and by
H.. r,ur,s All that was required ofthe present
Niri,IraI Assembly was the simple minis
,arlJ ,rt-Jf issuing bonds to pay the con-
trp,,,r John lierre, for work that has already
been done under the contract The Municipal
Assembly refused 10 do II. and the contractor
baItrem muniamused to compel them to do 1t.
They s'il, refusedau talked about government
hv Injunction and all that. Then the Supreme
C,ur, issued an order directing twenty Coun.
altman IN n,p-nr and show cause yesterday
uhy they hDuld not lie punished FOR contempt
II was in RESPONSE TO this order that the re-
r,p,unt and scared sixteen appeared. There
n.r. Oakley aud Foley and Cassidy and Doyle
G,nly.n Muruhv. Hottenroth. Francisco
LEIGH and Brire, Engel and Murray and
OHraly, Ghrstman. Hyland and Van Nos
,r,rI The .,h,entce, were Councimen Wise.
Williams. Comfy and Boline. They had prob
sDn NOT bern served with the order. There
r,,l. Iaf "a nnnly hpf
a J. kelly, J. ". Gerard. Jr. James c. Church.
Jn.srh IT, Burr, Henry A. Gum hletop. Isidor
{ hen and Edwin F. stern. stern made a
freak at tie start that almost disqualified him
nd who I-su. the mandamus, MAS on tho
Ipm,h amt beside him sat Justice Bischoif.
Stern arietrcd ioi councilman Cassidy. Cas-
shty was the man who introduced resolution
IN defiance o' he co1lts order and who talked
about Eo'crnment by Injunction. CassidY's
ease was rulsl first on the list. aud Stern
made Tho Amos objectionable mistake OF
a,sing flr po.'ponement, thereby intimatInR
TAFT the Council VAS not! really to bow u the
,uprrme Court. Every other lawyer and every
Councilman bat Cassidy insl.ted that he was
ready. and Stern tried 10 correc! bis error by
ea,Ins that II the others were ready he guessed
"niln Kellogg. the counsel for Pierce the
CONTRACTOR who wanted tho Councilmt IN pun
ished utenod the case at / "a o'clock with
oug sIre IT, in VIII ch lie told in detail OF all tho
proceedings iron. the awarding OF the contract
~ the granting Of the order to show cause Shy
tina. the mania would be applied for Was
SERVED. h" sat!, " President GnSgeRheimer
hat teen s"rred personally on the sixteen
Cuuur.lmnu who were In court. The writ was
made rrturnah!e On Aug. y. and il ordered that
tbs mrmu-rsn ~ the Council NEE forthwith and
vote Tor he hon i--Vr. The Council met after
rhr service Il the writ aud did net vote as or
dyreI Hn' lnt'eaI I'm" q them SPOKE disre:
,h-y tn" courts order. Some OF the Council
men. ," tn pnGh', wsre more guilty than others
"a. ' S coacde y asking XII hat the
ionurmen Standardization such time as
tlry would act a. the court order directed, and
u hiyer went through the crowd Of rcpentant
lawysr Rely, rcrreS.nting six orseven OF tho
memh"r' OF tns Council. g,,t the first chance TO
clnan noyic who denied that he had ever
thought Of disohcying the 'ourt's order. and that
oteying 'he ride, who! he voted for the Cas-
SHY re- ufpn asking for advice of the Cor
r"'tHn Gnnn's lie said that that resolution
lie also N"orc in the ardavt that as tho order
wa returnnS,e on Aug. u he supposed that
he had until that date to vote for the bond
Mr. Kelly said that the notice that man.
GtHu> was :" he applied for was concealed bv
therefore the members Of the Council had no
Glance 90 &c represented in court when the
Hrslnal arp ,cation was made. Councilman
Doyies belief that he was not compelled TO
vote .Il Aug. II was justified. as was 1llo his
l.d"! tina, the resolution asking the advice OF
The CORPORATION Counsel was a step in ODE
dl-nrs to"the "ourt,s order. There were to he
several meetings OF the Council before Aug. y.
nnd IL, wanted % know what The court meant
~ maNlng the writ returnable on Aug. y II
INC Council lid not have until then to obey it.
. Mr. Nrly next rOint was that as no resou-
Ton had ever been introduced In the Council
tToHIng Tor bond issue of 1000 to pay
MI, Fierce W to thc time that the court q
t "r4er was served the Council could not ros,
e.Uy nave ohcy"d ;he order, because the city
charter declared that no bonds could be issued
al ,he same nesting that tho resolution for
L IneIF issue was Introduced, Such resolutions
mao 70 Tee introduced aud then be advertised.
anu action on them had TO 20 over until fu-
c ootr iase,ng Finally Mr. Kelly said that the
cared aswndIe and the Councilmen in refusing
10 vote Tor the bond issue were doing what they
Considered thelrduty and eyprotested against
.",hE r2lnre.ed to vote against their consci-
MT Kelly was as followed by Mr.. Gumble.on.
w v",f SAID he represented Councilman Hotten;
.hl' there was no hurry to vote anyway that
me fouIt hal given them until Aug: n. Mr..
ads tie. the m9 N apt ne 81 ' Soads
t"I not FOR the issuing OF S2UuOOOO. The
~ 81 Estimate never having made any APP
- Council could not order the issue
OF Goada for that amount.
NeAt Game LAWYER Burr, who said he repre-
thh' me order OF the court was not valid be-
t te It wa, not signed by tho Justice. In
/ aSIslutuTe were tnc letters d.. Il.
n Thee etters, OF course. stood for James
n It]-eiaid. Justice supreme Court" But
~, LuII saIi they did not constitute a sigma
,,uIe' Mr Burr:alSO "ontended that the SER
~ pl the notice of the original application
H. ln"',lamus wa. not legal because while
;Ir1I'tht HuGEenh liner was the President Of
,,ne council ne was ut.elected President by
We n"hbeiS OF the Council. The law pro-
ing ht thc serve" OF a writ on The Presi-
o or', OF a. s,atNe body was a legal service
~ 'Ig WHre body did not apply except when
a.. a.. Ies'dent vs. - tho creature Of the body,
FT''rl 10 me place rs il.
LAWYER hNrrh got next chance He said he
'S,h.el councilman Francisco. His point
~ mat the urdo" II the court had been
S.e''l IN thu tho Council had voted on the
I""i.h Irtcrring the whole matter 10 the
N counsel, who was the board s.leAaI
"'','t !, the board had met and had paid
= n''"t IN 10 the Or,er. the members would
% 90 j" ,untriuif. hut they had until Aug. u to
! ~ t.e oruer. and before that time they would
i"Nr va" " li..nu OF the CORPORATION Counsel,
~ ."iwl act .nt"lllgsntlS.
'HI,eI "I ih!- Mr. Kellogg had an opportunity
fn.'".HN'I '',iu" OF the arguments. He said
4 '"n 'hci Argument seemed To be that the
= men hadn't "hcyed because Of igno-
I '.'' ~ me Jaw ami while he would az nit the
~ ne '.'4 not l"iicv" the excuse Of ignoTunce
$50 HNhI with the court. The MandamuS
e" ''I"Wli"Iy one. IL directed that the
n ""' :, re' o. hWith and PASS the bond Issue.
I, ~ a., h,'C. II wns simply the date named
H. W. ,hu termination OF all proceedings IN
/ i' "'''l'l II" quoted authorities to SUPPORT