New-York tribune., 1900-04-28
BROOKLYN NEWS.
COURTS SUSTAIN COFFEY.
DEMOCRATIC COUNTY COMMITTEE OR
DERED TO REINSTATE HIM.
FAILED TO PROVE THAT HE VIOLATED
RULEs-PARTY FEALTY SHOWN BY
SUPPORT OF NATIONAL AND
STATE CANDIDATES.

Senator Michael ]. Coffey yesterday his fight
for reinstatement member of the Kings County
Democratic General Committee. After his long
trial and final expulsion from the party by spe-
cial committee Senator Coffey took his case to the
courts application for 4 writ of mandamus
compelling the committee TO restore him TO his
former place a member of the Democratic
County Committee from the IXth Assembly Dis
trict. Justice Maddox yesterday granted the man
damus. Senator Cofey has routed his enemies and
gained signal victory, although some Of his con-
tentons were not upheld by the Court.
Senator Coffey when yesterday seemed to
take the decision as matter of course He said:
Justice Maddox is certainly right in his opinion.
1t has been my position ali the time. But l cannot
say that am so anxious to get back as a member
1t is not such a pleasure TO belong to body which
Either they have not respected nv rights or they
were too anxious to obey orders from somewhere
The Democratic leaders in Willoughby Street
were rather yesterday. They declared that the
case would be appealed the higher courts. James
shevlin said that it matter of principle and
rose above mere issue OF persons. He declared
that the question of the power of the committee
under the law ought to be settled soon as possi-
bic by the highest for the interest OF all the
parties.
Justice Maddox plainly points in his decision
that the committee failed in their against
Senator Coney because they failed to put IN evil
dence the rules and regulations Of the party which
the committee alleged Senator Coffey broke in his
antagonsm to John Morrisev Gray the regular
Democratic candidate for Register, last fall On
April i. when Justice Maddox heard the argu-
ments of counsel for the committee opposing the
mandamus he told them that it would be well
for them put file the rules and regulations OF
the party showing that opposition to a regular
party nominee hostility and dsloyalty 70 the
party organizat ton. This the counsel failed TO do
Justice Maddox states that all deliberative bodies
have unless limited BY the creating body, the in
herent right adopt rules and regulations for the
orderly conduct of their deliberations. Justice Mad
dox adds that the contention of counsel for Coffey
that only those who fall to pay the amount OF the
annual dues as members Of such committee are dis
qualified is without merit.
My conclusion" says Justice Maddox. upon this
question is that a county general committee
has the power discipline member for failing
TO comply with its rules and regulations by precud-
ing him from participation in its meetings
In considering the facts stated in the affdavits
Justice Maddox says:
The test OF party featy is genera! symPat;hy
support its nominees for State or National offlces
a general election. State or National. ReIator
spondent and with conSplrng with others 10 deleal
the regular nominees of the Democratic party,
but It nowhere appears thaL such nominees WtLe
elected a State National election, and, in my
of the party eiector more than Its lag Iage Iarly
implies for. before said, ii is remedial and must
be literally construed Undoubtedly opposition TO
regular party nominee would De noStlItF ana as
loyalty the party organization and party rules
may well contain provisions recurring support by
its members or all ITS nominees Tor Whatever
offices they may be candidates. and loyalty 10 its
principles and party interests. Such committee
discipline its members only, not the party cleo
tor for the statute plainly provides that sIch COM
mittee member may be precluded from participating
We're there such provisions in the respondents
rules and regulations? II there were, The same
not before the Court