The sun., 1901-04-12
BRICE TO WALDORF JAIL?
CRIT FATHERS TALK or GIVING HIM
A PALACE CELL.
They Have Power to Designate Any Building
q, the city Jsii"-supremc Court Gives
the Councilman Ten Days and sAs3.3s


Fine for Contempt He 4, ding to Appeal.
Ten days In Jail for Councilman Stewart
Brice and a fine OF N73 IS are the penalty
Imposed by Justice Scott Of tho Supreme
Court on Brice for his failure to obey the
mandamus of Justice Fitzgerald issued in
July. 1899. directing the Municipal Assembly
TO pass the Cassidy resolution approving q
an issue OF bonds for the work Of Contractor
John Pelrce on the new Hall of Records
When the penalty imposed upon Mr. Brice
became known yesterday afternoon his
colleagues on the Tammany side OF the Coun-
Gil manifested the utmost concern They
discussed ways and means whereby Mr.
Brlce might evadc the discomforts of cell
II Is understood that shortly after Justice
Scott made his order one Of Mr. Brices friends
sent word to him 10 keep out Of the way until
next Tuesdays meeting Of the Council when
matters would be fixed" in such a wav that
his confinement in jail instead Of being IA
punishment would be positive pleasure
II seems that one of the Councilmen hap
pened to remember that one of the sections
OF the Charter gave the power 10 the NUM-
cipal Assemblyof designating common isils.
Section 50 says that the Assembly 10y two
thirds vote may at any time designate any
buildings within the city to be common
jals of said city"
The section Of the Consolidation act which
this section amended said common jails Of
sad city and county The Councilman
who made the discovery thinks that city
Jail IL broad enough and decided first 70 in
troouce a resolution next Tuesday desig-
mating the house at o03 Fifth avenue. whore
Mr. Brice lives. a. a common Jail for the
EarfpI fnr tYh l., l..
Then IL was remembered by another Of
the party that Mr. Briccs mother also re-
sides at the house and that 10 turn the dwell
ng into a prison even for a few days might
be an Inconvenience to her The merit
OF this obos on was recognized. whereupon
II was decldrd that the state apartments
OF the Waldorf-Astoria should be subst-
tuted for 095 Fifth avenue
II was seriously determined to bring a
resolution embodying this suggestion be-
fore the Council next week. and the men who
hit on the idea declared their ability to carry
Il by the necessary two-thirds vote The
possibility of the Mayor Withholding his
approval was a matter, they said, which
need not he considered until N" Council
had actually designated the state apart
nents Of the Waldorf Astoria a. a common
Jail
In the event Of such thing coming to pass
the city would Of course be- called upon to
bear the expense Of maintaining Mr. Brice
for ten days in his luxurious prison 4 tlN-
payers suit might be brought 10 restrain
the waste Of citv money or tho supreme
Court might be-tir it.clft 10 see that Il, drcree
did not come to naught
Mr. Brice has the ii isinction Of being the only
one OF the disobedient persons who have
had imprisonment added to their fines, of
having the largest fine Of any chalkod up
against him. and Of being held guilty Of CON
tempt under a different provision Of law than
that under which hi fellows were fined
The fines Mr. Peirce collected from other
Counclmen exceeded, II Is said. 81. some
who had been fined only 500 each hadou the
general accounting TO pay about $3.50 each
because of appeals which they lo.t lruuu
tho decisions ad'udgIng them In contempt
None Of them carried his case above the
Appellate Division, and all moneys had been
paid up and all the litigation, closed "vc"ul
that Of Brlce, when tn" oroi-ion Of the Social
istIc Cooperative Publishing Association "
Kuhn was handed down by the Court Of
Appeals nG4 \ 4i3 It wa- expected thar
a general effort TO gel back fines would b"
made under lhi, decision. and Brloc said II
cleared him heoaus" II held that only hic-
amounting 10 $3.50 can hr collected for one
contempt He maintained that Will" h.-
colleagues had been held under sections
and Of the Code of civil Procedure, by which
contempt is made tinabl" hv $3.50 and thirty
days imrrisoumen', either or both. that b,
could not be nnrd because Poir,o h.d re-
cPl ved more than S.,nu Irt, ~" I'm" h,Ing In
tie UrtIr" Of an indemnify and lulIru To-
$50 Petrr" could get no NOR" uIl Cf u he |
argued that II ~" Law NrI" construed that
each member of legislative body could b. |
fined the whole sum Of 500 h might b., % RI h |
strike ~ l1v" an order Oia'oIr' ID srrgard"d |
n, re Whiir a greater coHt"mp. might b" COM |
niued br oJ"p pTs'u, Who could b" hnod only |
snsU
Justice Scott SAYS it - not necessary for |
him TO d"old" II this cas-" ~ m" tour Of NJ |
peals is nppli, ahl" hec1u-e he hold, Broc |
guilty uf contempt under section .2sI oI |
tho code Tins section refer to- cOuteIupio |
for actions which aoiri' or impair the rluhi. |
pri~uuue"t whore M" act i- -tlll in The power |
~ tho pHrty 10 Ucr'uru, and also n ,i~o or I
docs not >lv II % '- posslh" for Brio" sin |
70 voto for IN" bonds ana avoid lmpriSol |
mont Th" IN" IS imposed distinct from |
tho imprisonment ana lmprl~oUmcn' Tor |
rnu-pa m"nt would al" follow
Tho amouut Of th" IN" - made lp of IN"
cost Of IN" reference, :" pas mon N" fHr.
IN th" proceeding PluOuntlng tu tS23 ~, and |
8 tio whlCn ID" Jn'il'" eiN- = n"d"rHt"
cn rge for the services of the counsel Of |
pprr,p. M'-~r~ Kellogg n Ru-" krirr had |
@, ,erTnd that hc was uOt served with the
uHuduuuS until the instant of the uGI,uru-
mont Of the council Tn" r"ferc" found /
th7' he was there forty minutes hrr"rc the
al rournncut i -tiCe Scott saws that BriCe
T. NOT only convicted upon III" record Of Dis
ohod iouco Of the order II the court, but Of |
false swearing 10 escape u" consequences
OF his own Contumacy
Prioo cannot no arrested UulI' Gh order |
IS entered On tho decision Of Justice Scott
1awvrr l. lafm Kellogg said Tint he would
epply for such an order to-day and that he |
would insist on the terms Of th" decision |
behg Carried out
After thut" s4id Mr. Kellogg. nothing |
ca keep Brce from Jail unless lac IS abin 20
got = STAY pending an appeal Mr. BrlCc's
cane w makes the result particularly graft
fv,ng - NJ he visited this p1iCc IN com
panv with his counsel, Nr jaime, W Gerard
Jr and acted in most abusive manner.
lie not only threatened 10 make II hot for us
II the m attor w"r' pushed. hut accused nav !
partner Nr Rose. Of perjury. because he bad |
sniI thg' Nr Bruc WH~ present ~ the meeting |
of m" Council m which the CASSIDY rr-olu-
ilon was passed IN fact his attitude toward
almost every ono IN tho cnCo WIS abusive
II was snld NJ Mr. Gerrrd'- OiiCc that Hu
appeal would b" taken NJ once, Mr. BrCe
was said 10 10 ont Of the city
Warden Pioketr said Inst night thar thore
were no particularly choice rooms in the
county pail vacant iusf now They are all |
l1NI fee' and the only furniture Is cot bod
which has tn servo ps1 chair. too. prisoner :
IL not allowed to furnish hS cell " he wants
n he can have his meals sent in lie Is locked
into his coll ar o'clock at night and /. let out
a. IN M" morning, II the weather IL such