New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-02
FINES FOR COUNCILMEN.
JUSTICE FITZGERALDS DECISION IN
CONTEMPT CASES.
HALL OF RECORDS BONDS LIKELY TO
PASS TO-DAY. AND THUS THE RE-
cAICIrRANr ONES WILL

ChLCITRANT ONES Wibh
ESCAPE JAIL.
The Counciinnen who refused to pass the nan
OF Records bond issu. must pay *loo me eao"
and go to jail forthwith II they 90 ho' 80
down from their high horse. After JUSTICE 10
gerald gave his decision yesterday several -
,be,n said the bond issue would be passed to-day
| In his decision Justice Fitzgerald spoke out
| plainly. Here 1t is:
No satisfactory reason mas beeh Of the re-
cent mandamus issued bv this Court the an neye
technical irregularities urged by c counsel granted
I,rsuan to tnTIsd.con vested in the Court us
yal,dty cannot be collateray assailei IN th,s pro-
s dhs S0s the %ss ode Of the SHOULD
70 unpublished. The numerous excuses o, oS "nws
ine The writ being supplemented by frank aVoWAi
Of intention comply with the ma tndcs 49, th hs
Court might have attacten sGIne lcions Of the
| respondents were due to m insufficient unoer-
EYen now. after clear tranoeption OF s terms
and learning. their attitude can scarcely De oCs
| Intention OF Immediate compliance being sho"n ~
In GOne9dng that nrq 1ns %fTd the re
soondents overlooked the fact that the witt was
directed to them a nsSaa wh Ras vas 70
sened by the Corporation Counsel ITS duiy cons az
uds ~ The RESPONDENTS is consistent only with
wiiful and persistent refusal to obey; %, =. t-,asa
with or the administration Of justice VIII fall INTO
| ridIcllc Each Of the following named respondents
,eyersiIy punished by imprisonment until they shall
| obey the writ provision 10 be inserted In the ORDER
r. Thomas Ss "fs' Foley Marin Enss 5eh Murphy
Adoph G. Hottenr9th EHgene A. WISE SHstg Ma1
| tln r Comfy. Joseph Cassidy, Frank j.; GoodTin'
John r oakley, Francis F. williams Bernard T.
And il is further ordered that each o. the above
mentioned respondents be fined the sum OF S"'
The words provision to be inserted in the
| order TO be entered hereon for opportunity 10
| comply" affords the Councilmen loophole to
| escape going to jail by obeying the Court IL.
| Iaein kellogg. counsel for Pierce. the con-
| tractor must draw up an order for justice
| Fitzeerald TO sign. He will do this to-day. 1t
| will contain a clause giving the members OF the
Council time to get together and pass the reso-
| luton affirming the issue OF bonds In all
probability the Council will humbly surrender
| today II they don't the jail yawns for them.
| The Council will meet tomorrow ana pass
| tho bond issue" This statement was made yes
| to-day by one of the Councilmen in a private
| conversation. The Councilman who made the
| abatement has been foremost in opposing the
| bond issue Just In what form it will be passed
has not yet been determined. Some OF the
| Councilmen are opposed to passing the whole
issue of 100000 for the Hall OF Records, and
| there is no resolution before them for passing
| $4,000. .....
| Randolph Guggenheimer. President OF the
| Council. became Acting Mayor yesterday morn
| ing and expects to occupy the Mayors char
! during the remainder OF the Mayors vacation.
| He said It was possible that he would REIN
| ouish his MaYoyaItY duties for few hours To-
| day. IL the Mayer came down from Saratoga
| in order to vote lat the Joint meeting OF the
| Municipal Assembly for the confirmation OF the
tax rate Under the charter Mr.. Guggenneimer
cannot exercise the functions of Mayor and
President Of the Council at the same time. so
that ~ the Mayor does not return the Municipal
Assembly Will haze to get along without MIN.
II takes a three-fou vote Of the entire body
| 20 confirm, the tax rate and II there should be
any absentees. or some Of the Brooklyn men
should kick over the traces, then single vote
| might be necessary His vote would also be
! needed on the bond issue.
| The Mayor went to Saratoga yesterday
| CORPORATION Counsel Whalen gave his opinion
| on the contempt proceedings yesterday IN the
| following communication to the Assembly
am in receipt OF resolution adopted By the re-
| Council and Board Of Aldermen on July 70, 1s9g IN
Pierce. The resolution is somewhat lengthy but;
putting aside some matters that might better nave
been omitted herefrom its substance is an inquiry
as to the reason why, the Law DEPARTMENT con
so, 6s ss the OF wE "
Hi Eyed notice TO your honorable body. and also
TO Ss ss he x s S o al
| End 70 mass the resolution therein referred TO.
In to 5hs ne Of the Of
| damus was not made without notice TO your non
ofcsr Of each Of the bodies composing the Assem-
bly, IS required by law and was by them sent
No suggestion TO the course to be pursued BY
this ONCE made and from my sSa oseseo on
70 the issue OF the writ In question: and that the
rected one OF my assistants to consent to the entry
| OF the order. which was done ,..
mot n Is 4 aux Gssy aen
| Indicated have to say that such Is your absolute
| and imperative duty.
Briefs were filed yesterday morning at III
| O'Clock with Justice Fitzgerald, in his private
| chambers. by counsel for the Councilmen. and
| bv L. Latin Kellogg. counsel for John Pierce,
| the contractor.
| Mr. Kellogg said that he understood some OF
| the Councmen had left New-York in order to
| avoid service They would be found wherever
| they had gone
Mr. Kellogg went before Justice Gieserich at
| ~ o'clock and obtained from him an extension
| OF the order granted week ago. directing the
| members OF the Council 10 appear and show
| cause why they should not be committed for
contempt Mr. Kellogg explained that only
| twelve OF the twenty members charged with
| contempt Of court had been served with the
| original order up to Saturday night last which
was the time specified in the order by which
| they must be served in order to appear before
| Justice Fitzgerald yesterday He said that he
desired TO serve the remaining eight members
with the order so that II Justice Fitzgerald's
decision was in his favor he could take immedi-
| ate proceedings TO have them sent to prison
Justice Giegerich granted Mr.. Kellogg's applica-
ton. and fixed August 8 as the last day for
| vice upon them.
Edwin F. Stern. counsel for Councilman Foley
said that IL the Council to-day voted for issue
Of the $4,000 required to pay Pierce Justice