The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-06
C0UNCILMEN ALL AT LARGE.
4 SIGH or RELIEF WHEN the SHERtrP
SHUT W SHOP At NOON

Justice Fitzgerald Came to Town uncypcc,.
eddy aud That Created n Small Panic
but He signed No Order-General Opinion
Is That the Councilman WIN Weld
As Justice Fitzgerald Of the Supreme Cour+
came down to the County Court House ye.ter.
day, contrary to expectation. there was re-.
newed uneasiness among the Councilman who
are on tenterhooks as to whether or not h,
would sign the order carving out his decision
which adjudged fourteen OF them in contompt
The Justice. while sitting during the oest few
DAYS FOR the first time N Special Term, has
had sc many motions accumulate before him
Tor decision that re fornt u necessary to york
OF Saturday. and that ls al. his appearance
meant. He die not gizn .ns order against the
Councilmen, and ds trna we're on and the
Sherf's Office shut les doors at noon breathing
became easier. At o'clock Justice fitzger-
aid left the building with Tom Cos;'g,n. ana
said as he departed that thers vas nothing
new.
The current o. the con'cc,ur;nc was 70 IVA
effect that none Of the CCurcilmen will lie i'm.
prsoned. u 10 supposed that the Justice VIII
nod the order over until the Council ha, A
chance to meet OH Wednesday. whom il is ey.
pected to pass resolution approving the fen
issue OF S2.1UO,0OO Of corporate stock for thu
work on the new Hail OF Records.
Alfred a. Gardner, who is associated with
William J. Kelly counsel for Councilmcn Cns.
sdy Comfy DOYLE and Murray. said yesterday
that these four men aud Counc! lmnn Fran
CISCO were all in town ready to oh%r and sur,
that the order to Oe entered would give tina
men chance 70 purge themselves fully nom
any contempt II they have not done 80. sui
that there would be nc arrests.
Any judicial wrath thai may come now, nsils
Of the "ufteen svs tp on thesc e
Councllmen hecaus Sc. after voting the S3i ~
issue, they.defeated the motion fo- the who
II II is deter mined that all fourteen have
purged themselves Of contempt In part by their
previous action or such action AZ they take on
any trouble about the fines. They have each
got together 500, as their counsel announced.
ready Cor the Courts order. but they ask Tor A
stay OF proceedings as TO that go that they can
apnea from the order 9IjpdcinG then, in con.
Court to grant n stay of the whole of such Il rnn-
temrt orde". IL would not be unusual for n STAY
to be granted It the men were nHrged of con
tempt except for the PAYMENT OF the fine. But
they can pay the money INTO the city treasury
aud carry on their appeal nevertheless and il
they win and find the treasury then denlc'ci.
they can, possibly with the assent OF the Board
OF Estimate and the authority OF the ieRisla.
to the amount Of 81 100 so that thew can T'G gct
back their fines.
Acting Mayor Guggenhemer said yesterday
that the charge made by Frank Moss OF couu-
sci to the Mazet Committee that he and other
city officials were In conspiracy to discrCdt
we lNlIui hSsfluDly was all nonsense. MT.
Guggenheimer said that he forwarded tha
writ Of maEdamus to Corporation Counsel
Wha.en five minutes after receiving it, and
then drew resolution in compie nce with the
order of the court. Copies OF the resolution
were given to Councilman Oak ley and Alder
man Mccall. ohe majority leaders. and Mr..
Guggenhcimer had no expectation that tho
Councilmen would defy tho Supreme Court
As to tbs charge that there is any conceal
ment abouC the S2.OOO.OoO repaving bond
issue. said Mr., Guggenheimer, it Is only
necessary to say that Commissioner Heating
cannot have single yard OF street repavri
until the location, OF the, proposed improve.
ment is submitted to and approved by both
branches of the assembly. Mr.. Moss simply
does not understand the matter he discusses"
Eight Councilmen. not heretofore served
with Justice Fitzgoralds order to show Gauss
why they should not be punished for contempt,
will have To show cause tomorrow before JUS
tce McAHJam. They ar, Martin ,Engel, Stew.
and George, B. Christman. Manhattan; Will
liam j. Hyland. Bronx: David /. Van Nos.
They will appear before Justice McAdam. be-
cause Justice Fitzgerald s term OF court closed
Yesterday