The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-18
COURT KNOCKS DEYERY out,
ONE JUSTICE DECLARING. TIE
WHOLE PRIMARY Law BAD.

Wbns W H1tgW Vsses ~
win Mean-Big Biii Says He'll Go On
Trying for InJunctions and Dc
Mint Applauds- Jubiiant.
William s. Devery's claims to q place
on the Tammsny executive committee
received Knockout blow yesterday when
the Appellate Division OF the Supreme
Court annulled an appeal from Justice Lew
entritt's writ ordering the Tammany general
committee to recognize the ex-chief as a
member OF the executive committee and
to drop the contest against the Ninth
Assembly district delegates.
The decision was unanimous. II says
In substance that the executive committee
Is nothing but a creation Of the general
COMMITTEES. which has q right to make its
own rules as to it's composition and election
An interesting feature Of the decision
was this brief opinion appended by Chief
Justice Van Brunt:
concur. I also think the proceedings should
be dismissed because Of the unconstitution-
atty of the law involved.
The law in question Is the Primary law
OF this State While the direct value OF
the Chief Justices laconic utterance hardly
exceeds that Of any expression OF private
opinion from him, legal authorities
said last night i tends 70 throw serious
doubt on the validity OF the Primary law
and TO encourage attacks on that law.
Lawyer Charles l.. Hoffman. who has rep
In this case, said yesterday that he had
not the least doubt that attempts would
be made by several parties on the first
opportunity to knock out the entire law:
Politicians and other persons Interested
In the law were 40 much surprised yester-
DIV hv ha fad iaaI,a railQi nv
Chief Justice Van Brunt's words that they
felt unable to express any opinion as TO
the final outcome Of it.
The fight over Devery's effort to break
into Tammany Hall in spite Of the opPosi-
ton Of it's leaders dates back to the Cen
eral Committees refusal to recognize his
delegates. A stay enjoining the General
and Executive committees from taking any
action. till they had decided Devery's claims
was granted by Justice Gaynor IN BROOK
tive committees have been unable to meet
since.
During the argument in the. Appellate
Division II was contended by the Devery
side that recognition had been refused TO
the delegates from the Ninth Assembly
district by the General Committee. This
was denied by the committee. Justice
lngraham, who writes the opinion OF the
Appellate Division. says In part:
1t seems to me that In the face Of theee ex-
Should not have been granted: that the Dc:
nias Of the respondents Tpis t an issue .0 Q.
way In which such ~ issue Of fact could be
disposed Of was by tri' under an aiterna-
After reviewing the provisions OF the
Primary law governing the cvmposition
and powers Of the central organizations
Of political parties, the Justice goes on
to say:
There Is nothing in this act that justinss
mittee Of a County or City Committee on
the application Of u member Of the committee
to recognize an unnamed person as member
supported allegation In the petition that
the persons entitled to choose member Of
the Executive Committee had asreed 70
Of such Executive Committee; II the in
dividual so selected presents himself TO the
and % 81 o pet r.
member and such claim u refused, yill
s s.S ~. % e aDa ST T Ts .s SS
demand or has .,. hen refused tho right to
vision which compeis this General Committee
70 have an executive committee At all. or
that an executive eommittee Of the General
%..s:,. i: sss:;%
70 make eh snd syp rules and
and it is only when they fail to adopt rules
and regulations that the rules and resula-
Conn GS%m id are Tspsin II fsII iorSs ana
effect: Under the rule as adopted dept. At I this
Assembly district was not authorized TO
select member Of the Executive Committee.
1t was said last night by Devery and his
lawyers that their defeat was only tenn
porary and caused by the failure Of the ex-
chief to appear in person before the execu-
tive committee with demand for recog-
tradicted by this passage from Justice
Ingraham's opinion:
The. provision Of the statute that requires
that the modified rules should be fled with
avoid ave d. an smendment In case that provision
Is not complied with. and the fact that certi-
fled copy Of such amended rule was not SO
not effect the position or entitle this relator
10 a mandamus which would require the
Of the Executive Committee any person that
presented himself as the one elected 70 that
position by. the relstoT , and his associates:
sci, refused to talk about the decision, or
to disclose his clients plans for the future
beyond saying that the fight would con-
tinue. He handed out typewriter state
ment later. Of which the following Is the
substance:
The effect of the Appellate Division do
Devery delegation his place as member
Of the County Committee. The Court holds.
however, that Mr.. Devery should have de-
manded recognition at meeting OF the
Executive Committee before the mandamus
Max b. Steuer and Charles L. Hoffman,
the Tammany counsel. declared that the
decision was 80 sweeping that Devery did
| not have a foot 10 stand on In any further
| fight. They declared themselves beyond
any fear that the matter might be carried
to the Court Of Appeals with any hope oil
/ success.
sBy reason Of this decision said Mr.
| HOFFMAN, sMr. Devery will be excluded
| from representation In the Executive Com.
| mittee The Court holds that the General
| Committed, representing the entire city
| has a right to have an executive commit.
| tee such as Il sees At to elect. The Court
| also holds that no writ Of peremptory man
| damus can issue against political organi.
zation TO control its actions, where the
| person who comes into court asserts one
state OF facts, any part Of which Ia denied
by the organization.
| Devery himself refused to admit that
he was beaten. A special meeting OF the
| William s. Devery Association had been
called in expectation Of the decision. The
| rooms OF the association at Eighth avenue
and Twenty-third street were packed by
| followers Of the ex-Chief who had come
10 hear OF the result Of the fight. They
were told that they had come out winners