The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-28
JAIL FOX 20 COUNCILMAN /?
ORDERED TO SNOW WHY THEYgHOULD
NOT SUFFER- FOR CONTEMPT.

Maybe IL They Meet Hastily and Pass the
Hall of Records Bends the Court VIII
Show Morcy-They Have . Lawyer and
Are Doing More Thinking Than Talking.
Twenty Of the twenty nine Councilman were
ordered yesterday by Justice GieRerch OF the
Supreme Court to show cause next Monday
why they should not be punished for contempt
Of court for failing to obey writ issued by
Justice Fitzgerald directing the Council to
approve an Issue Of city corporate stock to
pay S34 255 to John Pierce. contractor Of the
new Hall Of Records. for work already done.
The important part OF the order runs as fol-
lows:
1T is ordered that John L Oakley. Thomas
+. Foley. Martin Eng- Frank ]. Goodwin.
George b. Christman. John ]. Murphy. Eugene
A. Wise. Stewart NJ. Brice William J. Hyland.
Adolph c. Hottenroth. Bernard c. Murray.
Charles II. Francisco. Francis F. Williams.
Adam II. LEIGH. William A. Doyle. Martin F.
Comfy David l. Van Nostrand. Joseph Cassidy.
Joseph +. O'Grady. AMI Benjamin ]. Rodinc.
the members OF the Council disobeylng and
refusing to comply with the command Of said
writ. show cause before one of the JUS
tees OF this court At Special Term.
Fart l.. thereof. to be held at the Court
| House. in the borough of Manhattan. in tho
| city OF New York on the 3lst day Of July 1899
at 10 80 O'Clock In the forenoon OF that day. or
as soon thereafter as counsel can be heard.
| why they and each OF them should not be pun-
| ished for their and HE alleged contempt Of this
| court, and why an attachment should not is-
sue against them and each Of them az for con-
| tempt and why they should not pay the costs
| and expenses OF this motion. and why the rela-
| tor should not have such further and other re-
| lief as IN ay seem Just
The case will come up before Justice Fitz-
davit Of Abram J. Rose. who was at the Tues
| DAYS meeting OF the Council in behalf OF Pierce
WHO ar pS Tor P%roe say. hat he is moi sure
that the action Of tie Aldermen was c"ntHm ~,
c Cow 10 only, The aniayt Of ,Sr hoso gives
extracts OF the speeches made BY members Of
TIE Connc ncnding the "ol,hr.,ed grafton
by Injunction dehyln! the right OF the Su;
Eqr TO t 4% Ew yas n1r
Lawyer Villa IN J, Kelly. WHO soi7 he repre-
f formea JuStias fi2serad ye.tsrdsv that he
desired TO appear for these men and the Judge
There was much tax Yesterday among coun-
Sci sonsue by TIE HGunc, ,ha as 10 wHs,her
them from the alleged cont.mpt and give
them an opportunity to continue their bond
| hod-up. one Of their points was referred to
by Assistant Corporation Counsel Con,
molly when he consented TO the issue Of
question technically as to whet her the pro-
| ceeding was regular. bccauS" the writ was
| sought against the Council and Aldermen as
bodies and not agnInst the particular indiv,d-
uals against. whom i was peceSsnry To tnka
! the contempt proceedings. Mr. Kellogg cited
| yesterday several authorities to show that al
| though writs may he directed against body.
6n TnJy the
uals who fail to obey. The other point raised
| was that the mem beers have the right to con-
suit counsel as to the validity OF the writ
'G INQUIRY 's az ludlow Street Val, yesterday
showed that there are at least twenty unten:
anted and yawning cells there At the service OF
the Supreme Court fine Of $3.50 besides i'm
| prisonment is som ethtng that contemptuous
| person may look forward to-
| None OF the members OF the Council against
| whom proceedings for contempt were begun
be protected uptlthey get an opinion from the
| Corporation Counsel as TO the necessity, OF
obeyinc the writ OF mandamus Corporal ion
| Counsel Whalen said yesterday that he didn't
men would be Il a special meeting Of that body
| obcyed. The effect OF such a meeting on the
| Councilmen's chances Of punishment for CON
tempt would depend very largely upon the
mercy OF the court.
AS 10 the contention OF the Councmen that
the Law Department should represent them
. before the Supreme Court said Mr.: Whalen
Law Department represents the Mayor OF tho
city and the Comptroller OF the city Just as
much it does the Municipal Assem- bly,
When we have two clients. one Of WHOM, is in
The application Of Henry W Sheriff.. James
| McKcen and Willis l.. ogden for n mandQmus
T. require. the Muniriral Assembly 70 ISSUE
$G70UoO Of corporate stock 10 pay Tor the Long
| Fitzgerald yesterday, but on consent OF coun-
sci the motion went over to Aug. g.