, 1875-08-03
THE QUO WARRANTO.
Tho Clty's Attorneys Come up
with Another Plea,
They Are Greatly Troubled About "Ar.
ticle Ninc.'
Somo Conclusion to 10 Arrived ut To.
Day.

tf'fntns Court ycstortfay, armed With an addi-
t'onal plea t'lry t'efrod 10 flo in tito ono war
ra1Ito caao. Counsel for cnnlplainants wero aIao
In attendance, bit, OH Judge Farwrlt lnttluatfng
hIH rcndiacss to nroceod. str. luioy stated that
Judge D'ekoy was nnavoltlably absent, at,,l thoy
ti'd not want to present tho plea until he Ind
examined 1t. Tho matter Was therefore adluuru-
cd to o'clock In tho evening.
Tho ball wnH oponoh by Mr. Tuley, who said
after consultation counsel for defendant Ind
como to tho conclusion that II was their duty
to ask 1onyo to llte
An ADDITIONAL FLEA.
IheFo WAS no destro to delay tho mattor so that
q tccIsfon at tho Hoptombor term OF tho 8uImomo
Ionrt could not be retoro1. but 1t mutt 10 MI
| mittod TINT 1t wAB orri1ently proper tho w!,uEo
facts connected viii, tile quostlon should nppcar
on tho record. II tho matter wont oyer OF, r,lre-
technical points Which did not sot forth all tito
doselnmont tho pcoplo had adopted IN full
and fair vote. Onc fact Ind become
prominent III tho different tIeatinga Of tile
case. and It was this. Tho third plea, which
had been the ca1Ao Of special pieadings bach
nt'ti forth. was lawn upon tho theory that tho
rights an:i franchises claimed by tho city under
t,ie not nf 1S72 depended entirely upon the cleo
| tlon q tl'e 23a Of April. That nroso from tile
TACT thas tho plea WAS drawn W, htirricIy by
Air. Cloudy. who had overlooked tho fact TINT
| tLo city lad mid did exercise certain rights ard
pr',r,Ieses ct That act by, virtue Of an
ssrssss as'' s' y ns Fs, qS"0$ ;a Sonnet I
appeared to him that, inaAmuol, An tI.c
net itself provltlod that any city might aslupt
At. TX: Which relates to special nBseHs-
murrer to tho plea, Which was lold baI, ought
to layc loon carried back 10 tho information.
He had drawn an additional pon, with tho v4ow
o. hottn9 forth tho rlghse Of tho city 30 far AZ
| tho adoption of Ait. TX. vaa concoi nod. Under
n1111fnF rttu az
menH To tho amount of millions OF dollats, md
10 cutter Judgment OF custer III Gil tho pleaJlnEs
n.rt noW before the Court world necessarily bo an
cohtain"d a.,d conferred by tho net, wloraas il,n
Iact WAS. tho city Ind perfect right to tho lib
ort'os and privileges conferred by Art. TX. 10
render Judgment Of otHtor would. therefore,
involve tue city in liabilities amounting 10 milf
ions Of dollars.
Ar. Talcy thon read tho addltiqna1 Plea, which
set forth fe adoption OF AT. 1X., us AforasasI;
tho naesaSo by tho Common Council, on tho It'll
the 2*m ot April. and the lxlug of the polling
places: tho publication If tho Navpr's no!co
Tor this election in the IEceninq journal; tho
iact that, on tho nth Of April, tho Common
Council having definitely apeerta,no1 That
several Of tho polling places could not
be procurq'l. g preamble and resolution wero
rassod tecttng this. and fixing ono pRro In each
ol the twonty wards, nine OF then, boing tho
ldout1ca polling pacos fixed Oil Jan. 4, a,ld The
reu'alnleF III the immediate vicinity OF tho
piacea then Ii1od the printing and tie dstrt-
button Of tho ballots for tho election. contatn-
ing tha wotds "for" or "aga!nst minority
REPRESENTATION in the City Council !" the hold
Ing Of the election, and tho ascertasnnent Of
majority for city organization tlndor tho gcn-
ere! law ard asaiust nilaorlty representation.
lhose Mr. Iuiey sald were tho facts con-
nected with the submission Of llta question, and
itappcaredto him they should appear on tho ROC
ord. The issase. as tho Court decided, wouid
appear 10 DO: F'rrt, wl,cthor or not the qucs-
tlon Of minority representation wnB submitted;
Becond, whether E0tleo was gwen by the Mayor
aad third, "hethor or not the Coumou Council
passed. a resolution ropeA!lug the resolution Of
Jan. 4, In 80 fur AZ 1t concerned the polling
places, and whether they fixed olLer and differ
ent places. That waa the plea. but tho real issue
Waa presented on tlIs absluo hoe.
ANT MoNE2
Judge 1awreneo.Is that tho only additional
Ms. Tules-wel. counsel don't exaotly agree,
Judge Diokey-It is tho only QUO ut prosous.
u. Mr. Tuloy-Judgo Dio1oy has plca he would
like to present.
Judge Diokoy--I shall DO content witt, tho
Promise to tilo tho plea Just read, and don't DO
sire to add any othor.
Judge I.awrouce-Thst ia to say, II you rot tho
plea hiad YOU will he coltstt, hut il not you wil
ask permission to llle suo.nor, aud 10 OH I'd ill.,
1lnitum.
The Court-1s It tho dostro Of tho re!ators to
tako Judgment Of custer III 10 AIT. 1x.?
tuQHo 1saWfelC6-N0 EFT.
alr. Tu'ey-ilow III lie record to bo made bore ?
Tho only way 1t can DO dono Ia by ameudlnR the
Information, and "ho1 TINT is doro We hive q |
right to plead Just d II now information waa
A!od. VIC started ont to drive thon to that. and |
:, Judge Lawrence thought tho present moyo Of
the dafeaHo wRs TO
nEorEx THE WHOLE MATTER,
and ve1Atiouaty prolong the litigation. Tho i'd |
ditonal plek absurd In view OF the fact that
It attempted to sol out what could only DO matsoF
Of avldsnco. 1
JadKo Dckoy insisted they had tho right to
hayo tho record Ia such . ahapo that they could |
test tue whole matter Ia tho Supreme Court.
Judge Lawrence offorod to stiputato they |
would ask no Judgment Of custer against tho /
city win regard 70 Art. TX. =
BIT. fulsy would not consent to any snch ahp-
u1uton. lie wanted lhe city protected against
tho Vaccinations Of disappointed poll.icAny,
auc1 na complhtaants.
hfr. Ponce replied With neat sarcsam On dis. |
reputable Aldermen who imagined tilemselyca
"the city. and argued against tho filing Of tho
additional plea ~ Il stood,
Alter further discussion,
THE COURT aAID
there Was no noed Of any amendment for tho
purpose Of saving the righ4a OF ths city ~ con-
fosIod and contained BY ART TX, for REALTORS
had stated they did not waat Judgment of ouster
with regard to 1t. A. the plead,ngB stood, how
ove1 !elstoFs e. !, we're M entitled to Judgment Of
toe act, because tho parties had aoen 1T to put
things IN that shape. nut they wess not Obliged
70 take such Judgment, and be did not think
ssndi1 ast 20 'Gad az, ''Pn1 as Il thGy elected tssa
vere entitled 10. He thought tho stipulation % ot.
fered was sufficient 10 meet all the difficulties Of
tue case, aud ho asclIned to allow them to
With sofosenco to amending az to the question
Of the chango Of voting. places, he thought there
"as great force In the Argument that tho defend-
ant, representing the public, ought not to DO