New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-08

dcreei that Joseph Cassidy yohn l. OaaH.gig OoaHi3g'
John J Murphy Eugene A. WISE s1 AG0ph = fich
;snrGtn ;t.n9dI Doyle Martin F Comfy. Francis F.
,yijtams and Bernard c. Murray oe comm%itleo % Oy
sher Of the Gy aSeT G co15tv Where they may be
fornd 10 the county jail OF SAID county N Iasa
us; ~ ,-tN each shall be willing to comply with
,be commands OF said peremptory Wit 10 hsseua,e
Sll ~ issue corporate stock of the city OF New
YORK for the purpose Of paying me retsIOsd ed bv
,b said relator under the contract entered INTO pc
ty.eer the said reator and the Mayor A1sr ri.sn .s
enc Tgsoner Of Public Works under the direc.
Ton of the BOARD OF Estimate and ApporSioH,H%ee ~, %
ceu5er 1891. and thereafter until each Of said per per
named as aforesaid snan t nave nnurt p Of his
fine for his misconduct adjudged herein or unu -a
each % them be discharged accoLudinS Ld de- ~ '"'
that a warrant issue 70 execute this ofoei'
WARRANTS NOT ASKED FOR
Stripped Of its legal verbiage the first part OF
this order means that the Councilmen oio not
rurge themselves OF contempt by their action
n passins the S34 900 bond issue. 1t VIII also
BE- seen that, according TO he order oe1ore a
Councilman can be arrested warrant must
be applied for.
NJ kellogg. Of Pierce's counsel told a Trib-
une reporter last night that none were app'.eN
f,- Yesterday and he would be guided in apply
IN
either affirm or deny that he would apply for
then, to-day. It is considered likely that he Will
wait until tomorrow and be guided by the con-
dnct of the Councilmen in their meeting then.
u they pass the bond issue. he says that is all
rA wants and there will be no need 10 apply
FOR warrants But If they continue to be re-
fractory he will have them locked up.
NOT CLEAR SAILING YET.
"The decision OF the Court gives Us all that we
asked for except that the fines OF 800 are not
n 20 TO Mr.. Pierce" said Mr.. Kellogg. with
that exception. the order signed by the judge
IS exactly the same as the. one we sanInlt'eo
to him."
AIRED A. Gardiner who represents the Coun-
cilrnen, denies that the order is as stringent as
asserted by Mr.. Kellogg. He said:
THE ruling OF the Court leaves II an open
question whether II is meant that the Council
men shall pass simply enough bonds 70 pay Mt
Pierce the $4,000 due him, or whether they
must authorize the entire bond issue OF
50 100000 The men won't go 20 jail until that
IS made clear"
II is thus apparent that legal complications
may vet aid In delaying the bond issue. On the
mere question Of issuing the warrants there is
& difference Of opinion
Arthur H Smith partner Of Mr.. Kellogg
said that the warrants should BE signed by the
clerk OF the court Mr.. Smith was asked
whether II was not essential that the warrants
should be signed by Justice Of the Supreme
Court before the Sheriff could act upon them
He replied that ne did not think So but that II
4, we're necessary they would be presented 20
Judge for his signature.
Mr.. Gardner said he did not think that the
clerk Of the court could issue any warrants TO
the Sheriff for the arrest Of he respondents.
JUDGES MIGHT CONFLICT.
Today additional contempt proceedings Will
y pushed before Justice McAdam against
Councilmen George B. Christman, Stewart NJ.
Brice, W. ]. Hyland David ]. Van Nostrand'
F. OGrady and Benjamin J. Bodine' who
Pierce's lawyers say, are equally guilty with the
other men but who were not served win the
original order TO vote for the issue OF the oonos'
Should Justice McAdam issue his writ II Will De
an additional condemnation OF the dlsoDeoience
OF the Councilmen. On the contrary II Justice
McAdam should decide that mandamus ooes
not lie il is expected that no warrants VIII De
issued for the arrest of the fourteen Council
men until the Appellate Division shall have
passed on the legal questions presented In ooth
cases.
Il was announced at the City Hall yesterday
that five members OF the Council would not
change their attitude at the meeting or the
Council tomorrow. 1t was added that they
had found way to keep out OF jail and "ouIu
keep up indefinitely their opposition 10 the issue
These FIVE Councilmen Are Francisco, Comfy and
Doyle. Of Brooklyn; Cassidy, Of queens ana
Murray OF The Bronx. Mr.. CASSIDY declares
that under no circumstances VIII be vote LOT
the issue
READY FOR NEW BOARDERS.
At Ludlow Street jail last night large crowd
gathered in expectation Of seeing the council
men locked up. There were men, women anu
children in the mob. and the ringing or bicycle
bells, the shouting OF adults and the screaming
Of Infants made a perfect babel The prisoners
were exercising in the corridors Ihe crown
gazed at them through the bars and wondered.
That's Councilman Engelr' shouted small
boy. and there was a rush to look UP al MS WIN
dow. The-turnkeys finally came to the door and
shouted: Get out OF here" GO chAse Soui
selves"' and other emphatic but not classlcai
lnjunctions But the crowd did not mind this
and IL was only when a couple or patroiinen
from the Eldridge-st. police station were ca"eu
10 dispense them that they made on. .s =,
The women appeared 10 be more lnteTesteu -, m
the matter than the men. deal OF sorrow
was expressed for the Tammany isdueI VI - ~
district, Martin Engel. but this was chahsSu " ~
undisguised satisfaction when couiiei al I'll
Silver Dollar Smith announced that the CounclI-
man all right in Boston. Enseis thiee go
and basement house in Essex-st., near broonIe
ST. was dark all night. Some one pinned on @ tne
door a note bearing these words hes not eoiie
70 Jail. Boston's good enough FOR MIN ,,,o
Warden Pickett understood the true situatioii m
early in the evening He left the jail saying 20
his assistants: II going out, ana uoh |
asked what allotment he would make II the
COuncilmen were arrested he airily said; Inere
are lots OF cells We have room and 10 spare'
When asked what privileges, lmmunltles ar ar
prerogatiyes Councilmen would have. and