The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-04
RESPITE FOR COUNCILMEN.
J4yrER KELLQGG DEMANDS THAT
FIVE BE SENT TO JAN.

.I,,tir, fitzgerald Decides to Wait Until
ro.Day to sign the Ordcr-Counsel for
Tbo,e VINO Have Obeyed the Court Want
, stay Pcuding Appeal from the Fines.
trs,ice FITZGERALD heard counsel yesterday
=. D, IN. form OF the order to be issued pun
ching for contempt tho Councilmen who in
.,I,r.e, or another have refused to obey
A.. lrlor Of tho court by voting q resolution
la which s3i .25j can be paid to Contractor
49,, 1unrcc on account OF work done on the
,, Val W Records Justice FITZGERALD de.
"LIoJ 0naly. not TO sign the order until to-.
DAY
M, lehn'f 81 the contractor l.. Latin Kellogg
,old that the resolution passed by the Council
,a, ON Wednesday purporting to authorize
III. issue o. S3+ 25J OF city bonds to pay the
CONTRACTOR was imperative because the Coun-
srhoI no ROVER TO originate a bond issue. but
only rover TO concur in ono authorized by the
paa,I obstinate. The shirt OF the courts
orIsr re- iulred them to vote In the only way In
.lI,h tley could vote in order to effect the re.
,,,lt aimed at. namely. the payment OF tho
..,,ay .,gs That Is. they should havs passed
81. re,ol,tian which the Board Of Estimate
hor sent to them authorizing the issue OF the
.,,f,s s.OvUUuO uouds.for the Hall OF Rec.
.l, Al attcmpt was made to pass that reso-
i,,,r nut I've - the Councilmen who had al
,osly been adludgcl in contempt refused to
,,,,.torit. These men were Cassidy. Comfy
1,yle francisco and Murphy. These men.
vr Er'I1cg sail.'should not only he compelled
D. nav the 500 fine that all the Counclmen
Snn have reen qdJudged In contempt must
lay. but should q!-2 be sent to Jail. c-...
,f,,nen 'naklny Murphy. Wise and Good win
INFESTED that the order to he entered leave
Mrlhy out IL hs had not been served with
ths writ u maudamus u"til after the meeting
ofIuy - lie wanted tho rapsrs he had sub
rit,el for lowe 10 stnpd rs the raIers for his
i.h Tor ,or'erpt. and no asked that all his
n.su be- vurgrl from rontemnt because they
had uheyel the mandate on Wednesday and
Vel for the issue ot S}4,25o in bonds. He
'""Wn.n those Councilmen passed the s34-
~ iona issue resolution they honestly be-
iysj Hat they had done ali ,ha. the order OF
tln court directed them to do.
Sir hc,.y further said that he had the amount
,a d't they - should not be required to nay the
fines until they had chance to have the con.
tenn: order passed unon on appeal. He re-
s.es,ed that a. to the nne hs should have a-stay
o. proceedings PENDING appeal.
LAWYER loserh \, Burr for COUNCILMAN
Ie,h SAIL hi ellen, ma voted iot the ~ 100.
les Tie court would grant a stay OF proceed
incs. which he desired. Lawyer Henry A;
S 9F voted for the s3enFG56 Size He
wanted the fne RENTED. and said that II his
lent Mas In CONTEMPT the Mayor was In con-
TENT for signing the Councils resolution
asking The CORPORATION Counsel's advice. Jus
tee Fitzgerald reminded him that the MAYOR
was not PARTY TO the proceedlnG. 1siior
Cohen for Martin EGgel. wanted: his client
ihly ruiEel OF contempt on the ground that he
hail voted for both resolutions.
LAWYER Kellogg asked that all the members
who had voted for the S2.1OO.OGO Issue be
tr"a'e alike in he order to he entered They
slIouli'pay ,heir lines the Court granting them
unreasonable time 10 do it. He asked that only
o - named
less some OF tFe:others did not paw their fines.
one thing that harpened Yesterday just be-
lore Il was announced that the order would not
lr signed until to-day WIS that the Corpora
ton Counsel was sent for and aDpea red by Mr..
Bandv. who was cluseted with Justice Fitz-
gerald and Mr.: Kellogg fOr some time