The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-24
DEYERY MANDAMUS FAILS.
HE,LL TRY AGAIN, HIMSELF
AyNTIFF AGAINST TAMMANY,
With specific Demand to Bc Recognized
as Leader OF the Ninth Under the
Primary Law-COurt OF Appeals y
10 Against Him In the GarNey Suit.

primary Law-COurt OF Appeals y
TO 1 Against Him In the GarVey Suit.
Bv decision OF the Court Of Appeals,
handed down in Albany yesterday Big
pill Devery, who has been trying to fight
his way to the Tammany Hall Executive
committee through his right-hand man
in the Ninth Assembly district, Peter j.
Carney. will have to fight his case through
the courts all over again, with himself.
instead of one OF the general committee
men of his district, as the plaintiff.
The Court of Appeals has affirmed the
decision Of the Appellate Division Of the
supreme Court, which reversed the order
If the Supreme Court Special Term, re-
ouirins Tammany Hall to recognize an
Unnamed individual (Devery), as executive
committeeman from the Ninth Assembly
district. ,
Appellate Division was unanimous in turn
ins Devery down and Devery's own lawyers
had advised him that the Garvey action
would not win. After the primary fight
in the Ninth in which Devery was VIC
,orioia, his genera committee, some $50
strong, marched to Tammany Hall and de-
lnallu,u recognition Tor themselves and
for an executive committee man whom
they would name.
Il was of course understood that the
Executive Committeeman would be Devery,
although Garvey, the spokesman, was
careful not to mention any name. Devery's
Leader Murphy, acting under legal advice
and determined to freeze Devery out if
10 ssible, declined to admit to the Executive
Committee man to be named by the
General Committeeman from the Ninth.
A mandamus proceeding was then
,,, ,..ni ot I'm Of
stands six to one against Carney. Judge
Bartlett dissenting. Judge Gray. who
wrote the prevailing opinion. says:
In the first place. the writ of mandamus
Will only issue TO compel the performance
the duty commanded to be performed was
indefinite and Of possible DISPUTE or am
membership OF the Executive Committee
In the second place i appears ear that the re-
tly district We're not denied the exercise Of
their rights as members OF the General Com
mittee that they were accorded recognition
except possibly upon the appointment OF a
Committee on Credentials. because Of u pro-
test having been fled 70 the dclesa,es from
was unanimously carried
In the third place. the person chosen from
the Ninth Assembly district AS Il member OF
the Executive Committee was not named.
and no demand was made that any specific
person should be recogn,zed as the member
Of the Executive Committee.
Nor did any person mako any. demand
to be recognized as the member Of the. EN-
Assembly district. These reasons in my
opinion made the issuance Of a perenptory
writ OF mandamus an error for Which the
order of the special term was properly re-
versed.
Judge Bartlett says in dissent: THE
provisions OF the primary election law
were ignored and for that reason favor
i amt surprised" Dsvery said at the
Pump last night. "and 1 can tell you we
are ready TO fight the case all over again.
II we lose this time why. that ends it, but
don't think we will lose.
Now, good many people ask why l
didn't go down to the General Committee
member OF the Executive Committee.
Maybe they don't remember the threats
that Murphy and the gang were making
against me then. Word was brought to
me that they had hundred policemen
with night sticks in the building just wait
ing for Devery to come down and make
any kind Of demand.
Now. want to do things like gentle
man. II can't do thing nice and gentle.
don't want to do it at all. I figured that
be trouble. Those hundred policemen
with nightsticks was there for Devery.
1T would be playing into Murphy's hand
to go down and give them a chance. So
We fixed 1t for Carney to demand recog-
milton for the district on the Executive Com
form, and, as we expected. he was turned
down. Then we went into court, with the
result that you see.
Now We will begin an entirely new
action. with William $. Devery as the plain
til, instead Of Peter Garvey There will he
M
milton in this action. It will be Devery
demanding to be admitted to the Execu-
tive Committee. and We will start in the
Supreme Court and go right up to the
top until we get our rights.
Expecting this decision, we have ar
that I have made formal demand for
recognition. ! never really made the de-
mand. but 30 as to get the thing in shape |
for the courts Tammany Hall comedies
that have made the demand and refuses |
to grant 1t.
Now for the Supreme Court just az soon |
as we can get the papers ready. They think |
they've got the shutters up for bevery !
down there on Fourteenth street, but they |
will find they've made a mistake. My !
name being in this case gives different !
turn to it than Garvey's name.
different light when they find that the plain
tin is the man who demands recognition
on the committee and has made his demand
in proper shape. 1t will be mighty different
from the Garvey case.
The plaintiff this time ia the man who
was elected to that committee by the votes
of his district. Well see IL 100 electors
can be disfranchised because OF spite
against me. Maybe Murphy can do it, but
] don't believe it
Antirews--llache.