New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-06
COUNCILMEN COME BACK.
FOUR RECALCITRANTS AGAIN IN COURTS
JURISDICTION.


ANY ORDER. AND SOME THINK HE
WILL NoT-MR GUGGEN-
HEIMER ANSWERS
MR. MOSS.
Those who think that the Councilmen VINO
defed the Supreme Court in the matter OF the
Hall OF Records bond issue not going to be
sent to jail for contempt after all had their faith
strengthened yesterday when Justice Fitz-
gerald again postponed signing an order for
their commitment. The belief now Is that ne
intends to hold the subject in allegiance until
after the meeting OF the Council on Wednesday
when the members Of that body who have
defed the Court far will have another oppor-
tuni;y to purge themselves of contempt by ap-
proving the bond issue OF S2.1OOoOO
The five Councilmen were threatened
with Ludlow Street Jail, four Of whom left this
State on Thursday, were all within the jurlsdic-
tion of the Court again yesterday, with the
exception OF Mr. Francisco. and apparently iel'
confident that no attempt would be made to lock
them up right away.
GUGGENHEIMERs REPLY TO MOSS
Acting Mayor Guggenheimer replied yesterday
to the charge made by Frank Moss that ne was
virtually acting IN a conspiracy with the heaus
of various city departments TO place the Couhcil
In an attitude OF contempt toward the oou' II
the Council dared to refuse to pass the pohu
issue. He said
The best answer to that Is the athdaVit Oh
my private secretary to the erect 'hat hi'ee'
minutes after received the order 1t was III 'he
hands OF the Corporation Counsel lhere was
no concealment whatever on my part co'
sidered that | had been served as one me''ioe
OF the Board and turned the matter over "
the citys legal adviser. Moreover reso'u''o''
was prepared at my direction. providine iol '"e
issue OF S34 80 before the Council was dec'a'eu
,r contemnt A COPY of this resolution was
given to Mr. Mccall and another 10 MT oaN'e''
II was no, introduced. but an identical one was
, So. ,ho Councilmen were declared In
contempt .,..
",s ,o ,be charge Of the Councilmen that
cor,,rissioner Keating will not let them kno"
{, advance what streets are to be repaVed' the
orsver IN that is that the Commissioner cannot
re,ove n street without first submitting the
,,o,,er IN the Municipal Assembly ana oDlaih-
Ing i,s consent I presume the Commissioner o'
Highways will not give the names OF streets lie
intends 10 repave, for the reason that ne uoeS
mot know AT present what streets ne VIII re-
pave" ~ ,,
Mr. Guegenheimer ended by saying that MT
Noas's charges were absurd. Controier No'e'
did not come 10 his office from Far hooNa"a'
Yesterday and no answer from MN u MI
Moss's charge could be obtained
JUSTICE FITZGERALD PASSES on MolIoN''
Contrary 10 expectation. Justice fitzgeraIu
apneared at the County Courthouse petore ~
o'clock Yesterday morning. As his term III 'he
sunrene Cour, closed on Friday. 1t was thous"'
,ha, he had come back specially from Long
poach whore he is staying with his family IN
order 10 issue his formal order holding the C"u"
c,Imen in contempt The Justice AT once went
70 his private chambers. where ne dlsposeu y.
a lot OF motions which had remained u'ue''''n
bv him for the last two weeks. lie was "o'
called on by any of the attorneys Interested Il.
the bond proceedings. either from the oi''e u
the CORPORATION Counsel or acting Tor or against
the men who have been adJudged IN con'e"'P'
-, court Later II was announced that he would
NOT sign an order yesterday and that no oruer
would be made in all probability uhti' 'uS''''
NcAdam had disposed OF the cases OF 'ne WE'VE
Councilmen for whom Mr.. Kellogg VIII app!
for writs Of mandamus on Tuesday 9hou'u
Justice Fitzgerald adopt this course IL VIII VII
able all the Councilmen To attend wednesday
meeting and to purge themselves OF cohte'iip.
Alfred A. Gardner, who IL ass"'la'eu VIZ"
William ! Kelly as counsel for Cassidy comfy
ala no, leave the state with any intention Oh
o,odIng arrest He said that the issuing or
anv order by the Court they would be 1ouHI
within the Jurisdiction OF the Court. ana Wouiu
obey the order. no matter What IL III i,a'sn sSnr,J,
Mr. Francisco is at Asbury Park with ms FANNY
! Mr. Cassidy is at Far Rockaway, ana Do!ie'
Comfy and Murray are at their homes MI
! Gardner was also quoted as saying
"At the last meeting OF the Counch the , mem,
hers of that body did not thoroughly unuers,anu
what action the original mandamus ISSUED ny
the Court called for. The members OF the Couii- %
elf at that time took public notice Oh the Ulue,
OF the Court by taking what they cohslurtsn la,t,
proper steps under the circumstances III I''e
4 Inc issue of S34 WD worth OF bonds requIteu u
meet the Indebtedness due Mr.. Pierce Our
clients are ready to meet the order OF the court
az their action in promptly NouHs lor 'N' '''"
of S3I 600 worth OF bonds showed.
Mr. Smith OF Kellogg. Rose q smith c~oulseI ~
for tho contractor Pierce said that the presence
~ ono az the clerks Of his office on the same
train that took four Of the Counciineh 10 Lohs
Branch last Thursday afternoon was merely
coincidence. ana tnht tHe O'"NN" ' ~
being followed. 49,.
IT was reported yesterday afternoon that
Councilmen cassidy, Doyle, Comfy and MURRAY
would hold conference at rar Rocka"ay aH, .ase
night, to prepare statement Vi ''''' f0
for the public. 80 n. I. ,.o
At the Office OF Kellogg, Smith & Rose IL was
stated Yesterday morning that no steps III the
Councilmens case could be taken py the nm III u,
until after Justice Fitzgerald's order had been
, handed down Mr.. Smith was the only member
OF the law firm to appear yesterday. In answer
to Inquiries he said You see, we are NJ a
standstill until after Justice Fitzgerald nahus
down his final order In the case. don't think
there is a chance OF the five recalcitrant Couh-
ciimen getting into Ludlow street jan to-uay.
The order has to be duly filed after IL Is sent
down. and all the proceedings take more or iess
time Then you see. the clerks once closes az
noon so there is little chance OF getting attach-
ments out to-day.