New-York tribune., 1901-04-12
STEWART NJ. BRICE.
ORDERS S NJ. BRICE JAIL
FRIENDS IN COUNCIL MAY MAKE HIS
HOME THE PRISON.
JUSTICE SCOTT FINDS HIM GUILTY OF CON
TEMPT IN REFUSING TO OBEY MAN
DAMUS ON HALL OF REC
ORDS BOND ISSUE

ORDS BOND 1SSCE z.
Justice Scott of the Supreme Court yesterday
afternoon handed down a decision carrying with
it an order for the Imprisonment for ten days
of Councilman Stewart NJ. Brce son of the
late Calvin s Brice United States Senator
from Ohio. and directing him to pay a fine of
$473 81, because of his refusal to obey order
of the court year ago last August. when the
Councilmen were directed to pass bond issue
for the Hall Of Records. Mr.. Brice ad-
judged in contempt and ordered to pay fine
of 500 Councilmen Wise, Cassidy. Comfy and
Francisco also were adjudged in contempt, but
they purged themselves later. Councilman
Brice declared he would fight the case to the
United States Supreme Court.
When some Of Mr.. Brce's friends at the City
Hall heard of Justice Scott's decision yesterday
one of them called up the house Of Mrs Calvin
s. Brice. No. 693 Fifth-ave.. and instructed the
person answering the telephone TO suggest to
Councilman Brice that 1t would be we'll TO keep
out of the way of Sheriff Grell until Tuesday
afternoon next. when something would be done
for him.
MAY MAKE HIS HOME A JAIL.
Mr. Brce's friends on Tuesday will. If they
carry out their present intentions. make SEN
sationaI attempt TO save him from the ignominy
Of going 70 jail for ten days by constituting
T. =
Jail This can he done If two-thirds of the
Council and Aldermen vote in the affirmative
and II the resolution IS signed promptly by the
Mavor That this dodge will he attempted there
is little doubt
Section - of the charter is depended upon by
Mr. Brice's friends in the emergency. 1t is as
follows:
Tho Municipal Assembly may by ordnapce me from
time time. by vote or two-thlrds or the mem
{ oh N,rrsp and he
designate any building or buildings within the
city 10 be common ja OF $aG s Ty nay lSr 6r m Jaw me he
used and such building or buildings so dessnatea h
Ike ordinance by the Municipal Assembly.
Some of the irate Councilmen in favor
of going further even than this. One Of them
asserted Yesterday that the Council would pass
a resolution constituting the state apartment
at the WaIdorf-Astoria a common Jail, under
| the charter and then 'incarCerate" Councilman
| Rrice in the same rooms occupied by the Duke
| of Veragua when he was the guest OF the ma
| ton.
| .Tustice Scott says that after Mr. Brce and
| q number of other members OF the Council had
| been served with the writ of mandamus d.
! rectinc them to pass the bond issue he and the
! ma iority of the other members refused to obey
/ the writ. For their refusal number OF them
vere declared in contempt, and punished by
the inalction of fines of $3.50 each. They ap-
| pealed 10 the Appellate Division. which con-
| firmed the decision f1ning them
Mr. Rrice. Justice Scott says, had his default
opened and presented affidavit in which ne
contended that the writ of mandamus was nOs 1Se
! served upon him until the day on which the
! Council met "at the instant when the SAID
| Council was adjourning, and that II was
| therefore impossible for MIN 10 vote III ooii-
| pliance with the VIII
MIR. BRICE'S CONVENTIONS.
| Nynte
for a resolution adopted by the Council known
nc the Cassidy resolution" substantially re-
fusing TO obey the mandamus and referring 1t
70 the CORPORATION Counsel, and contended that
! he WAS not present when the resolution was
| voted upon The matter was then sent to a
referee who reported that Brice was served
with the writ forty minutes before the adjourn
| ment of the Council. and that he was present
! during the discussion and voted upon the Cas-
| sdy resolution. .,
| "irhe careful and critical reading of the testi-
mony taken before the referee. says justice
Scott, has convinced me that ms cohcIusl1iiS
/ are amply justified and that no other cohCiu-
sion could properly have been arrived at. The
/ respondent, therefore. stands convicted on the
| record not only of dsobedience TO the witt or
| roandanus hut of false swearing in his efforts
| to escape the consequences of his contunacy
Justice Scott SAYS that the expenses to whlch
tho reiator Jobn pierce the contractor for the
Hall of Records, has been put on account OF OF
the reference amount TO 1923 %. which he has
paid and that $50 would be very moderate
| estimate TO put on the fees of Pierce's attor-
news in the prosecution of the proceedings
Justice Scott says there is abundant authority
for Furnishing such contempt by actual lnnprls-
| onment as we'll by fine, and that II II was 10
| be understood that penalty except tnat OF a
fine attached to wilfuI and deliberate violation
| of a mandate of the court the authority Oh the
court would fall into contempt ,
ITO my personal knowledge SAID Councli.
man Goodwin last night. Mr.. Brlce was not
present in the Council Chamber when the man
| damus order was served. IF ever there was
| man innocent of intentional wrongdoing, Br1ce
is the man.. 49, ~. - 1900,
There is a question whether Brice can appeal
| +ba casa anv further. L. Latin Kellogg. Mr..
Perce's counsel said that the contumaclous
Counct1rnan would have to go TO jail
At the home of Mr.. Brice 1t was saio las' ns y. ~
that the Councilman was IN washington aiiA II
was not known when he would return
ZINC OTTO AGAIN SICK.