New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-27

The following is the reSOlutOn
mended by the committee:
Resolved. That special committee of fifteen
be appointed by the president, and of which
he shall DE one, to ask the Assembly of the
State of New-York that ii will be pleased TO in
quire into the circumstances attending the ap-
pointment by Mr.. Justice Fitzgerald Of John F.
Carroll as receiver of the mortgaged property
of the Brooklyn Wharf and Warehouse Com
many TO the end that such action may thereafter
be taken as is required by the due admlnlstra-
ton of justice, the dignity of the Supreme
Court the respect which is due its members
and the interests which are represented by the
Bar
Mr. Rives closed by moving the acceptance Of
the report and the adoption of the resolution.
David Mcclure thereupon suggested that be-
fore the members were asked to vote upon the
resolution the testimony of the attorneys in the
litigation. upon which the report was made,
should be placed before the association.
He was interrupted by ex-Judge Van Hoesen,
who moved that the report and motion Of the
Executive Committee should lay upon the table
This was seconded by several members. who
rose simultaneously in various parts of the
chamber
Mr.. Mcclure, returning to his request. asked
again that the information upon which the
port was made should be placed before the
members.
WANTS TO SHUT OFF DEBATE.
One of the members appealed to ex-Judge Van
Hoesen to withdraw his motion, because it would
have the effect of shutting off debate.
That is just the reason why made it, re-
torted ex-Judge Van HOesen
II am opposed to the resolution. because we
would be receiving a report which is highly
libellOus," interiected Ferdinand Shack
Mr. Van HOesen, when he again appealed
TO to withdraw his motion, said he intended
to press it, but he ntimated that he would
withdraw it if he testimony OF the attorneys
taken by a committee of the Bar Association
was read
Peter B. Olney also urged that the members
should be put in possession of all the facts upon
whi,h \ the Executive Committee had taken it's
position, 2nd he hoped therefore that ex-Judge
Van Hoesen would recall his resolution. so that
when ii became necessary to vote the members
would be able to do so with Judgment
MY motion appears to be debatable here. al
though according to the rules of procedure it
is motion upon which debate is possible"
| ex-Judge Van Hoesen satirically remarked
Did I not understand Judge Van Hoesen to
say that he would withdraw his motion If the
testimony taken by the committee was read?"
| said a member.
Yes. 1 did say So" Judge Van Hoesen re-
piled.
ThereupOn Mr. Rives said the Committee on
| Grievances. which heard the testimony OF the
lawyers who appeared before Justice Fitzgerald.
was quite prepared to have it's minutes read.
Judge Van Hoesen said In that case he would
withdraw his motion.
| Mr.. Rives than read the evidence taken by
| the Committee on Grievances of Messrs. Bow
ers, Davies and Joline, the lawyers represent
! ing the various interests which applied to JUS
tice Fitzgerald for the appointment of receiver
Of the Brooklyn Wharf and Warehouse Com
pany. The substance OF this evidence. which re-
lated the circumstances under which Justice
| Fitzgerald was asked to appoint Hugh ], Grant
as the receiver. but instead Of complying ap-
pointed John F. Carroll. has already been pub
| lished.