, 1873-04-03

End Of the Fcrtilizing Caso---The Dill
Against Hyde Park Dis
missed,
Interesting Summary Of the Whole
Of the Business Yesterday
Transacted,
bin ,wray Tried in the Criminal Court
: : for Assault with Intent
to Kilt.

for Assault with Intent
to XIII.
Bankruptcy Accounts Fl1etl--Isec-
ord Of New Suits. e.
Tho argument on tho motion to quaBh tho writ
In tlre Klokke case Was heard by Judge Williams,
in tho Criminal Court, yostcrday morning.
There woro about 100 pooplo presont.
Tho City Attorney said tile proceeding was
commenced somo time ago, upon an application
uado for loavo to l1lo an information, tho spp1i
cation bo!ng made In tho ro1ation OF Mr. E. r.
q. Klokke, in tho nature Of quo warranto,
.against Mesara. Mason and Wright, who woro
alleged to bo unlavfuly exercising tho dutios
Of Police Commissioners. Notice waa servod
upon thom, md thoy appeared by counsel,
and tho Court decided that tho proper practice
was frat to issue rule to show why leave should
not bo granted. Tloreupon tho mattor vas
postponed, md nn attompt made to show cauBe
why they should not be removed by affidavit md
upon a final hbaring, loavo was refused, and no
appeal was prayed. subsequently,, another Pc
ttion WAS flod for loavo to 11le an information
In tho relation of htr. NokAo alone against only
ono Of tho defendants Mr.. Wright. Tho prac-
t1co ofl tho; Court scenod to DO, that rule to
chow c.uac. should frat issue; and tint prac-
rco ho beloved to bo correct. After atatf1lg tho
'"points" set up IL Afr. Klokkes second aftit]a-
vit, al Of Which havo boon given in The TnrD-
uNE, tho! OitytAttorney said tho ox-Commie-
eioner neglected to state that. upon the resig-
nation Of Commissioner Rehm, In tho fnll Of
,.1872, he Qlokkc) WIS appointed by tho Mayor
of Chicago, and confirmed by tho Common
, Council, md qualified as Police Commissioner
under tho appointment; and TINT ho was In
i pflco at- the timo- the election laae. .x-u
waa Hold There ,sas, aona,n- aouur about tho
legality Of .elocting Police Commissioners: at
that time, 1t being believed by aoIno that the!
30 filled by tho Mayor and neithor tho City nor
. County Clork gave notice that Police Commits
=: aioners wore to be voted for. .u' .l
+; Tho motion: before tho Court was to'quaBh the
;leot-matter1! He supposed It would be said, IL
tho Criminal Court had Jurisdiction, it was be-
CAUSE the caBo was criminal in its nature. Tho
Supreme Court Of Illinois had decided both
EHhethor this was . criminal or civil proceeding,
u. seemed TO; htm upon principle, tl,oro
would DO no doubt: about which 1t was Tho
Inquiry sought to establish tho respective rights
the case that partook OF criminal character,
vt WAS tlo power of the Court to imposo a
dne. : In the case Of .,Ensinger ye, tho Peonin'
A7th H., 8so, the Supreme Court passed upon
0onrf cnnG 5n,s end the Criminal
euppoRitiou that this was a terminal nr nuns;
criminal proceeding. ! :. 1'@
g: The second point ho rnade was TINT tho writ
9aaso should havo boen granted; and h. % oited
+ 70 support OF bis position q case in :. 4th
Uo"an, LUG, tn which the quo warranto ground
r,,, waa th9sough]y travelled oyer; solwin'a nj ii
53 34s III second 5ones, l2th poanSyiSsnis &C.,
The third point was that the subj joct u,attor
mo alroady been determnea n, by the court IN the
fake judicial knowledge Of Judgments rendered
70 other cases, yet, it soomatl to him, tho Court
you'd take cognizanco Of anything that had boet1
gene In the Circuit Court OF Cook County in 70.
made f formerly as now, with q Wow OF detormn-
tnE tho rights OF tho respective parties.
Ihe athdayit OF Klokko concluded with m
Havermont that his only object in commencing
mayor to romovo him from office. Tho Court
sa6uld keep IN mind that ho went into office by |
virtue the Mayors appointment. It might bo |
true that be continued In office by virtue Of tho
record. Il a rule to show CAUSE was nlndo, ii |
would undoubtedly appoar, because it wns an
Important faot in tho consideration Of tho ques-
His fourth point was, that thu afiaav,t f,,oa i,
support Of tho petition was not sufficient, # al
leged,: among other things, aud with coneidar.
eble confidence, that the Mayor had no BuflicIont
fossons Tor removing Kohko from office. Tho
one A. by law were sont to tie Com
the duty Of determining Whether tho Commas
sioners wore etliciont or not md, from tho stato
ment Of facts In the affidavit was certainly iusti-
neg IN removing tho relator from cflico.
:, I4o uity Attorney then proceeded to discuss
ne manner OF proferrng charges ngainst tho
5upoEln:an of Police, claiming TINT tho
a 1oasa Of roAce had aotod wrongfully, and in do
4atfe r. , o. tno rulos prescribed in tho ohartor.
alyo was that the writ issued should have boon
made roturnablo OF tho next term of the Court;
y Me called the attention OF tho Court to Gross
practice not in tho session laws Of 1b71 aud ls72
Alr. aoudy Ind understood that tic motion
was 70 qnash the information. II only the writ
aone to BE- Ha rea'f Peaa from arosa
statutes, 9SS, to chow that tho writ was roturn-
able at tho same. torn OF tho Court. Tho
suprame Court. In the 4Ath ILL.,. 1853, had doedoa
court to give notice Of tho application Tor leave
to file the information, but tlat it waB necasuary
to issue . writ, under tho seal Of the Court to
e"ns}ro 90 aSrvsd On tue pnrt The suproma Court lad
tho Court should fix s!ay in tic t:rna ant and or. or
cor qqef tho summons to DO retur1,oa OH that dav
It waa claimed that tho law lad boon amondo1
2ut thore waa nothing in tho ao! Of 1872 which
haa beGn q'!oted IN regard TO tho time tho snm
mons IlI Should 10 ,nala 4otuluablo.
, With reference. 70 the Jurisdiction Of the
Court, he ssl oaflat was fixed by Soc. &c Of
Article 8o{ tAs Constitution OF tho State. It was
co3}..apaea by the City Attorney that this waa
{errea the Court to cano IN tho 47tl, Illinois,
where the Supreme: Court decided that 1t WAS
not criminal procooa!ng,i IN tha caae Of Duuley