New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-09-03
STURGIS CONTEMPT CASE.
ARGUMENTS HEARD ON MOTION THAT
FIRE COMMISSIONERS BE PUNISHED.

Justice Bi5chof in the Supreme Court yester-
day heard arguments On the motion of Fire Chief
Croker TO have Fire Commissioner Sturgis pun
ished FOR alleged contempt OF court in ignoring
writ Of pere1nptory naandarnus. In the afternoon
Justice Bschof gave Assistant Corporation Cou1-
sci Connoly until Thursday morning 10 file brief
in answer 70 what Mr. Connolly called the entirely
unexpected questions that Mr. Delany, Chief
Cookers counsel had raised
The alleged contempt OF court for which Chief
Croker IS seeking to have Commissioner Sturgis
punished is his refusal to honor e writ of per
ernptory mandamus Issued by Justice Hall. of the
Supreme Court, directing the Commissioner to re-
tnstate Mr. Croker chief Of the Fire Department
Commissioner Sturgls ignored the writ on the ad-
vice Of the Corporation Counsel who believed that
an appeal which he intended 10 take from Justice
Halls ruling would act a stay.
The case was called late yesterday morning Fire
men. politicians and lawyers filed every atailabe
seat
Mr. Deany recited that the Supreme Courts writ
OF randarnus was served Mr. Sturgis before noon
the day which it was issued by the court
august q He added.
Even If the notice Of appeal would operate as
STAY il was not served Tor three hours AFTER the
fI-1,rioz jn conIampi t This court :oF nose
three hours But contend that notice 81 appeal
al ON the writ directed was in contempt of this
court when he gave notice OF appeal
Mr. DeIany then argued that Mr. Sturgis could
not claim the benefit OF stay under Section lS1t
OF the Code of Civil Procedure, which provides for
a stay on the appeal OF a against municipal
CORPORATION because he not a municipal cor
poratfon nor an officer OF a municipal corporation
The act ordered by the writ" said Mr.. Delany
is required of Thomas Sturgis as an individual to
repair a wrong which he as an individual COM
mitted. Exceeding his powers. as JUSTICE Hah
holds
4 writ of peremptory mandam he contended
acted instantly. Otherwise he declared the
word peremptory is a nnisnomer-" No appeal stayed
its oueration. In legal history one had ever
questioned the peremptory character OF per-
emptory writ OF nandamus- If the appeal acted as
a stay, then the last remedy Of Chief Croker was
taken away. He had been adjudged the custodian
taken it away from him. Chief Croker could ger
no damages from the city and Thomas Sturgis stood
alone
Mr. Connoly in behalf of Commissioner sturgis,
declared that the language Of the writ played an
important part. He continued
II REQUIRES that MI Croker be reinsrated IN the
functions Of the chief OF :he department We have
ney taken him out OF his ot1ce and We therefore
coTssonsT ssrgis did 70. Tsfgss to Fstasssss
other iav ne merely said that he would consult
WITH the Cooperation Counsel He dd that, and
appealed from. The notice, OF appeal was NED as
soon as human power c0g.d do r IL ", c-o,,.
chief Of The gSp4rtmnI he b bas mercy rel re
formed force. He is still entitled TO his pay
4, tbe afternoon session Mr.. Connoly said that
Mr. Delarv had raised entirely unexpected ques-
-io~s and that he would ask for time in which 10
lie briefs in reply. He added:
The motion TO punish for contempt Is entirely
,-eISar- ne Before proceeding TO punish for
feT5t there must be a return on the mandanus
i'.-i< an. time allowed for such return
before the 0. der 10 show cause was obtained So
- Ioor-nr must fall on this point
d. 10 rTrortant point is whether not an ap-
neal taken BY a municipal officer operates a
80 w. can't get a uaLdamus against a NUM-
ei1Sji.y but against officer representing il The
D|ncip-e 10 which my opponent appeals is that
-ar,s1 sr-s OF their officials municipalities are
nj TahIl but when hey act in pursuance OF their
offtc:ai functions the city IS liable
Mr.. Connolly asked for two days in which TO file
o b-fAf This was vigorously opposed by Mr. De-
law The Commissioner" he said. is simply
rsilg this court TO find out i he do as he
1Iaasas as Commissioner Of the Fire Department
pIea asba-ber h. is bound by law.
StrIrris sal dhe know nothing Of the report
Ia chief Croker intended 10 prefer charges