The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-05
COUNCILMEN MAY ESCAPE.
JUSTICE FITZGERALD SIGNS NO
ORDER SENDING Any TO JAN.

Guggcnheiner Said to Have Represented
That the Contumacious VIII Purge Them
selves of Contempt Next werk-Talk
of Proceedings for Criminal Contempt.
Justice Fitzgerald did not sign Yesterday an
order committing any Councllmen TO Jail for
contempt IF court. The Ave Councilmen who
didn't know until Justice Fitzgerald left his
chambers yesterday afternoon whether they
, would be ordered into Jail or OF were Joseph
Cassidy, Queens Martin I. Comfy. Brooklyn;
William A. Doyle. BROOKLYN: Charles II. Fran
ciaco, Brooklyn. and Bernard G. Murray.
Bronx. Whom no order OF com mitment was
issued yesterday it was taken for granted that
none would be issued before Monday ut least.
Justice Fitzgerald does not. as a rule come to
the Court House on Saturday. Therefore, the
| Councilman. whose liberty IL In jeopardy. con-
cluded that they would not be disturbed be-
fore Monday. anyway.
Some Of them have gone out OF town to
spend Sunday with their families at nearby
resorts. This. and the fact that four of them.
Cassidy. Comfy. Doyle and Francisco. wore
known to have gone to Long Branch on Fri
day afternoon. gave rise to the story that the
five Councilman had fled from the jurisdiction
OF the court. Nothing developed. yesterday to
Justify the assertion that the I've municipal
legislators will not be found within the con-
lines OF New York State when Sherifs' deru-
ties look for them.
Shortly after Justice Fitzgerald reached
his chambers yesterday morning Arthur II.
Smith OF Mr.. KclloGg's office submitted to the
Justice menoran ium. in which the point was
urged that the Coincilmen should be pun
iahed for contempt OF court by tho civil instead
II a criminal court In support Of this conten
ton number of similar cases were cited and
the following avermcnt was made:
The theory upon which the contempt papsrs
were drawn being that the misc onduct Of the
members OF the Council was civil contempt.
which impaired and impeded the rights OF the
relator, It is feared that II 1t be adJudEed
criminal contempt the proceedings may DOS
sibly In some particular he found defective.
sired to submit the following authorities
showing that the court would be fully justified.
in any event. In treating it a. civil, conte mt.
by section II OF the code. regulating ,ivil
contempts. IL Is pruvided that a court vi record
has rover TO npnish by fine and imnrisonment.
misconduct hv witch a right or remedy Of
party to civil h'lon or speeia! pr9eeeding
iisobedience TO a lawful mandate Of the code.
In order to const, ute criminal contemp t i ia
necessary that disol edience should he wilful.
In the casr at bar he relator's right to
Misconduct OF the members Of the Council: it
was he W no suffered from the omission to mss
the bond issue. directed by the court. His in
10 the right oI the courf to COMPENSATE him
in these proceedings Tor the injury he has sus;
tuiued hy the withholding OF his money and
he necessity OF these proceedings. nd the mo:
ton papers were drawn on that theory. II
a civil contempt Of course there is no ques-
ton but that tho payment OF the fine To the re.
ntor iS renuired by the express provisions OF
II was said that this memorandum was sub
mttcd hecaI;s The attorney for the GT9ntract9}T
ha1 about Gpneiuded not to issue order OF
commitment at ALL but to turn the case over to
h- present the cases IN the Grand Jury. The
Penal Code ma kes, eontemrt OF court INSIDE
years Imprisonment and by ilue OF not more
Justice Fitzgerald tol Mr. Smith tina. he
then asked Assistont CORPORATION Counsel
Blanay,. who vas present, wha, he though,
the Justice that. in his, opnion. i was for tho
Justice 70 determine which would be tho more
Councilmen. Later ,Ir.. Blandy said that.
after Justice Fitzgernld signed the order. If he
to 40 m e Ee 81 he
| Councilmen or could hold the order over the
heads Of the five in the hore thar they would
Mr.. Blandv said the warrants could be exc
II was rerorted at the City Hall yesterday
.ftern22on that President GuggenheiImTer OF the
earlier earlier! in the day and had Unlimited that il no
order Of commitment were signed Yesterday.
a way would he found to PASS the bond Issue
| IT. was said that Sir. GuCg nheimsr had told
| the Justice thar ono II the recacitrant ones
had already promised to vote for tho whole
issue Of 81 100000 bonds to nav for the Hall OF
Records and that others would conclude TO
follow his example before next Tuesday.
Neither Mr. GhKgenheimer nor justice Fit2-
gerald would admit that they had seen each
wa ht ' wsrS not
likely to 20 to Iail ho!or" thn meeting Of the
Municipal Assembly next Tuesday.
Justice Fitzgerald has gone 10 Long Beach
and will probably not return until Monday.