New-York tribune., 1907-01-27
MAYORS MOTION HEARD
VICTORY, SAYS JACKSON.
Pending Decision, Justice Fits Re
fuses to Forbid Hearing Here.
INV Telegraph to The Trlbune.l ]

TF3y Telegraph to The Trbunel
Albany Jan. 26-Justice Fits heard argu~
ments in the Supreme Court here to-day on the
motion for an order adjudging Attorney General
Jackson in contempt of court brought by couh-
sci for Mayor Mcclellan He reserved his de-
cision on the question of contempt. and refused
10 forbid the Attorney General to hold hearing
in the action brought by the people against
Mayor Mcclellan on Monday in New York. JUS
fice Fits also refused to issue a stay for this
hearing. saying that he did not care to interfere
I'm proceedings in another judicial district.
Eugene L. Richards and ex-Justice Hasbrouck
were counsel for Mayor Mcclellan. Attorney
General jackson was not present but was rep
resented by Deputy Attorneys General Dolson
and Decker.
Arguments by counsel Of both sides were spr-
ited and at times slightly acrimonious. Counsel
for Mayor Mcclellan advanced the argument
that il was case against the Office Of Attorney
General and not the man. although since Mr.
jackson Attorney General the punishment
would fall on him. They held that the At
torney General was IN contempt OF court by
, disobeying the writ of prohibition in beginning
second action against Mayor Mcclellan. They
said that Mr. Jackson's actions and utterances
to the press placed him in precisely the same
position as that Of John Y. McKane. who had
said ''Injunctions don't go here" and had
been properly punished for contempt of court"
They held that the Attorney General was preju-
diced against and unfair 70 the defendant; that
'in attempting 20 do him injury he was over
riding the law" ard should be punished as any
other distinguished culprit. such as John z
McKane" would be: that 'NIr. jackson should
be taught et the beginning Of his tenure OF
Office that he 81 aInens bic 20 the Law and cannot
use his Office - wrong any one man" They
eral for his contempt Of court. force him to drop
his second action against Mr. Mcclellan. and
order him 20 desst from holding the hearing on
II on Monday.
Counsel for the Attorney General denied any
contempt Of court in any action saying of the
latter. They denied that he had violated the
writ Of prohibition by bringing an action in the
name Of the people against Mayor Mcclellan
and asserted that the court had no jurisdiction
in the first place TO restrain Mr.. Jackson from
bringing an action in quo warranto against
Mayor Mcclellan. and that ex-Attorney General
Mayors action was in way binding his
successor in Office.
The Attorney General, in HIS return to the mo-
ton for an order to punish him for contempt Of
court says:
That The information upon which bring
sctlon against Mcclellan consists of facts that
we're not in the possession Of Attorney General
Mayer.
That IN bringing action in quo warranto was
not moved by any personal prejudice against the
relator therein nor aid bring said action to in
Jure the lawful rights or prejudice the legal
remedies OF the relator in defending his sup
posed title 20 his Office.
I further say that the new matter indicates
the commission of criminal offences and its pre-
else nature cannot be set forth without preju-
dicing the interests Of the people in said action
or in criminal prosecutions which should be
founded thereon
That In bringing the action the Attorney Cen
eral did not Intend 10 disobey the courts writ
of prohibition. He regarded the order OF the
court limited I'm spirit and in letter as COM
manding him 10 refrain from further hearing
or proceeding with any hearing in which Mr.
Mcclellan had been invited TO take part. have
the greatest respect for the court, and my ac-
tiOns have been guided solely by my conception
OF my duty.
Much amusement caused in the court
room by Deputy Attorney General Dolsons in
depreciation of Mr.. Jackson's remark, Take IT
from me. the writ OF prohibition Will not be
made permanent being high compliment
10 the court
The hearing to-day is regarded by the Attor-
ney Generals Office as a decided victory They
say that the second action will now undoubtedly
go on.