The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1872-05-25
Council Proceedings.
ADJOURNED MEETING.

OTTAWA May q, 1872
Present-Mayor Boyle and Aldermen Stout,
Redmond, Smith, Phelps Huston. Formulas. Rab.
enstein. McGinnis, Mates, Miller and Fields
On motion of Stout, the reading Of the minutes
OF last meeting was dispensed with.
Phelps moved TO suspend the regular order Of
business, and proceed to q hearing of the argu-
ments and evidence in the contested election case
Of Leshy VS.. Kellogg, Papers were submitted:
II. Mayo, Esq, on behalf Of defendant, objected
TO their being read, for the reason Of the want of
jurisdiction of City Council.
ID. i. Jones, Esq, attorney for plaintiff, argued
That the papers were proper matter to be sub
miiied 10 City Council, and that the case could
no, be properly determined before any other tr.
bunal.
Stout moved TO lay the papers on the table
Ayes-Stout, Smith, Phelps. Huston and Mat
tes-S Noes-Redmond. Rabens,ein, McGinnis,
Miller and Fieds-5.
There being tie vote, the Mayor gave the cast.
ing vote in the negative. Whsreupon council
proceeded to an investigation and determination
Of the case, motion Of Smith TO postpone action
having been defeated BY the following vote:
Ayes-Smith Phelps, Huston and Mattes-4.
NOes-S,out, Redmond. Rabenstein, McGinuis,
Miller and Fields-6.
Dispositions 10 behalf of plaintiff were then read
6y ID. ?. Jones, ESQ.,, his attorney. Henry Mayo
Esq, attorney for defendant, submitted deposi.
lions of witnesses on the part of defendant Coun.
sci for plaintiff objected to their being heard. for
the reason that they had not been taken vt the
proper time. On motion Of Stout ordered, taat
the counsel for the defendant be permitted TO
read dispositions submitted.
On motion Of Smith, the counsel for the contest.
ants we're allowed twenty minutes each fer argu-
ment Of the case.
BY agreement, II. Mayo, Esq, made the open.
ing. sSd ID. =. Jones, Esq. the concluding argu.
meut
Arguments of counsel were then heard
Alderman Smlh, thereafter. moved that the
vote OF Richards. claimed by plaintiff to be
illegal, be declared b, CITY Council TO be legal,
vote.
ID 4. Juue. ust ed an examination Of the poll
book and tickets cas-: ut the election IN order to
show Tor whom Richards voted. An examination
OF tn, same showed that Richards had voted for
John J. k,li.9g for school director Of the +th
ward.
Mayo. ai,"rGey TOR defendant. objected I" an in.
Production al p"ll book uhd ballots tor the reason
that the matter had are ady been disposed OF, and
asked that ms objections be r-co, ded III the pro-
ceedngS.
The m"'l"n oi Smith WAS then last b, the FOL.
lowing vu'.: AYES Stout. Smith aud Phelps =.
Noes Redmond. Huston, Kubcns,, IL. McG,nnis,
Mates. Miller aud Fields =.
On motion al stout. ordered. that IN exa,ninA.
,ion Ut the poll books aud ballots having showed
that Richards voted tor kcog n, the election Tor
member II III, board OF education from the ith
ward that 1t b, declared tie vet, between Dan.
irl Lvuhy aud Juhn j. Kellogg
In compliance with requirements Of city ord,.
nance, the Mayor then placed in box two tickets,
one labeled John j. Kellogg and one Dan Lsahy,
and. after shaking the same, drew the ticket
labeled John J. Kellogg. Th-r-upon u was, on
mo,,ou vt S,on,. ordered b! Cmy Council. that
John j. Kellogg is entitled To tue seat IN the
boa,d OF cducut,on Ia which he had previously
been declared elected. E.a
On the suggcs,,op OF Mayor Boyle, lie, with the
City Clerk, WAS authorized to execute Y bond ne.
cessary 10 BE- filed In the case oil Sweeley W. City
Of Ottawa. appeal from Grundy county.
Adjuuraed TO Tuesday, May 20. 1879.
RN. WATERWAY, Clerk.