New-York tribune., 1899-07-28
COUNCILMEN IN TROUBLE.
I MUST SHOW WHY THEY SHOULD NOT
BE PUNISHED FOR CONTEMPT.
WHO REFUSED TO ISSUE THE BONDS
Enp TILE A-r-1r, IIA1 aIr ID RECORDS

PROCEEDINGS BEGUN AGAINST THE MEN
WHO REFUSED TO ISSUE THE BONDS
FOR THE NEW HALL OF RECORDS
Proceedings for contempt Of the Supreme Court
were begun yesterday against twenty OF the
Councmen who on Tuesday refused to vote Tor
the issue OF bonds to pay John Pierce the con-
tractor for the new Hall Of Records. the S34Zoo
due TO him for completed work. Justice Gleger-
ich in Part III of the Supreme Court, at noon
signed the following order. on the application OF
l.. l.. Kellogg. Mr.. Pierce's counsel:
1t is ordered that the said John T. Oakley
Thomas F. Foley Martin Engel. Frank J. Good
win George chrstmss John i Iy,l,am Msrphy' HT HT-
land. Adolph C. Hottenroth, Bernard C. M1rTay h5a,
Charles H. Francisco Francis F Williams SoniW Addm
David L. Van Nostrand Joseph Cassidy, Joseph F;
S dune S1f sobeyns J. and Comply
with the command OF said writ show cause Tar
Part thereof. to be held at the Court House IN the
Borough OF Manhattan In the city % OF ,S90 New H
that day or as soon thereafter counsel can be
heard Th they and each Sh Of them shS%d mot S
said peremptory writ OF mandamus. as for a con,
a 0 s 6FaSs them and each Of them as for
contempt, and why they should not pay the costs
boud po have 81 sueS further and other relief as to
the Court may seem just
TROUBLE LOOKED FOR AHEAD.
The alleged contempt lies in the refusal Of the
Councmen named TO obey writ of mandamus
issued by Justice Fitzgerald on July p, direct
ing the Municipal Assembly the Board OF Esti-
mate and Apportionment and the Controller to
meet in Joint session and issue S21O0OoO In
bonds. as provided by an act Of the Legislature.
for the purpose Of the erection of the new Hall
OF Records
Seven of the Councilmen not named In
Justice Giegerch's order. They President
Guggenheimer and Messrs McGarry. Hester.
French Hart, Ebbetts and Mundorf The latter
four never received service OF the mandamus
issued by Justice Fitzgerald, while the other
three voted to accept the order of Justice Ftz-
gerald.
Justice Giegerch's order to show cause means
that the fight between the Supreme Court and
the hold up" Councmen is on in earnest, and
before the smoke Of battle clears away some one
is likely to get into difficulty Should Justice
Fitzgerald find that the Councilmen named in
the order are guilty of wilfully disobeying his
previous order he has It in his power to send
each Of the offenders to jail for period of thirty
days, besides inhicting fine of $3.50.
no ACTION AGAINST ALDERMEN.
Contrary To expectation. action was brought
against the members of the Board of Aldermen.
not constitute the offence Of contempt. and as
the chief offenders are in the Council. he con-
tented himself with starting a proceeding to
| punish them Mr.. Kellogg presented four affi-
davits in support of his motion for contempt pro-
| ceedings-one by himself by Abram j. Rose,
| his law partner; one by Amos J. Russell. stem
! ographer from his office. who made a steno-
graphic report Of the proceedings Of the Council
on Tuesday, and one by Thomas A. Healey,
| clerk In his office. who served on the members
OF the Council the writ Of mandamus which was
defed.
I The afidavts show that the Supreme Courts
| mandamus was served on twenty four members
Of the Council. This number included President
| Guggenheimer and Counciimen Hester and Nc
| Garry, who voted on Tuesday 10 obey the SUI
preme Courts order. and who are not defend
| ants in the contempt proceedings.
MR.. CASSIDY'S SPEECH INCLUDED.
Mr.. Rose in his affidavit makes special men
tion to the Court Of the speech made by Council
man Cassidy who offered the resolutions de-
flying the Courts order.
In his speech Mr.. Cassidy declared that the
| Municipal Assembly legislative body, and
said: They the LEGISLATURE made us legis-
lative body. I deny the right of the Supreme
Court or any other court to say how l shall
vote"
1t is the contention Of Mr Kellogg. and this
opinion was concurred in by the Corporation
! Counsel at the hearing before Justice FitZ-
gerald that the Municipal Assembly is not a
| legislative body. so far as the bond issue was
| concerned but that their powers purely ad-
| ministratve. Service of Justice Gieger1ch's or
| der will have 10 be made upon each Of the
! Councilman named. and there will be lively
work between now and Monday by Mr.. Kellogg s
process servers Corporation Counsel Whalen
| was asked yesterday If there was any way left
for the members of the Council to purge them
| selves Of contempt.
| "I have no doubt If the Council came together
passed the bond issue and made suitable apology
! they would be forgiven" said Mr.. Whalen
| Speaking OF the complaint of the MunicipaI
| Assembly that he did not appear to represent
| them Mr. Whalen said: The Mayor and Con-
| troer are more responsible to the people Of
| New-York than the members Of the Municipal
| Assembly In this case the Corporation Counsel
| mad two sets Of clients. and he was bound to
| take the side Of those who were right
MR.. MURRAY NOT TO BE "COERCED."
II was reported at the City Hall yesterday that
some Of the Councilmen had left the jurisdiction
Of the court to escape service Of the order. Coun
! Gilman Murray said he would argue his own
| case and If the courts coerced him he would
| resign.
GRAIN MEN AFTER BOSTON DOCKS.