, 1875-07-20
quo WARRANTO.
Another Day Of Argument on tho Case
Against tho City.
Judge FarWclt Takes tho Caso Cndcr
Ad,iscment.

AMfl3GEents
~. .,
lho "re'''ho"'" ~. s"o @a,,., ,s"s,".,,. a,.r
.on'''uo'' ~ t"o .' nn, Wr llama ,..ro ,,ros-
t"A' 'a'so ",ss a,,,.,.,I.,,,,',. .nJ ,,,,.,
.ns !" "a'l",' " sn nf'.
'''e"e1 A'u '"..
pfoee'a'"e. "o'o ...,, ,,,...r.a.a,,,.,
I,'l "" ..., ~, H. r"3,,1.. ,ro.
anu eo'npotes "lss"sleot regular Ito ol''"'itofs
of TO Court, WHO had ahsolt'b'hi III the nope OF
1cl,,g entertained with sotne lively criulual bust
ness.
A. lin oron,ne n, lin cour,
"t 'A' of''t"a % '''o o"''''
'fD"E LA~Ei"SeE
aatl tl,at. beforo Atr. Pence took up tho thread
Ut tie argument l,owino.l to pay Is fow words,
which l,o ucp]oc,od to Bay OH Salurlay. F,rs..
"'''' 'ee"fo ~ 'ao Hlc''' "'hc""ca F,ea' WHICH
hss liotor wuluu remember concluded with MT
aver.neus that thcy had nut used tho franchise
granted by tho charter Of 1872, I,p6,dcs t1,o rea.
o a.nsIase', >,.,.s,t"a .,,... '." n"n'
10 eo"sNlesoo deloe''so tnoro was tl's Aud'tsot''
al ono, which wn" quito conclusive. aganst it:
II WAS pleaded in tho form OF special traverse,
AMI tito sulo was po1tcct]y yn;l uo,tlcd. lint
iuauo cnuL1 r,t liz t.,o, J., ,o,
-0N '""a" " npee'ut
traverse upon @aSthif'e tnat "ns alleged
~ matter of inducemclt. Thoy might tlcmur
10 tho entire pIoat and raiso question Of Iaw
as to tho nu(icnncy of lin ,,lca,,iut, hut inv
c,,,d m, ,oIo i~.,,a ,rl,o ,,I,. t..rn ,,,';a;'
eos '',. ~ t""o '''u"' "' o''s ,'n"o ""'ch
c'o'a 10 ta1etl was uEo" tao hbsquo hoc thcrc-
fore, IL this plea was good oua. all TINT could
bo do1,o wonid bo to traverse tha fnrt of thc,r
t;,,y ,m,,torio o,, ,,,,;,,. ,,n1, hoo,, ,a.;,1ol
.A"A's.'1' "'o "''ls'' "uu Dcen aee'o'o
ny tllo loa'rs III previous l'9cad'ngr Ito ncg-
lected to Hay hnytliing in rotatd to Tho fourth,
a vi n HtintIG Nm F1tff linn
taken W aIr. Tuley to thtHo Terilcatlons wore
two: That they set Ont thu nan,lGr in which
tho election was held, mid concluded wlt!
o.! Afeslunnt, 0bb9tc hoe, that there "8a no valid
election. Mr.. IAloY Had that wna raising I'LL
issto OF law instead OF presenting an
lfst.E OF FACT. ,...-.
Now they set up u tho plea TO which tho rcpli-
castonE Te1e als"ors. ,no fae: that MI olccto"
chartor: OF coi''Hc that meant yalil election
waa held, mud 1t should have been 10 ayerrcd:
but, without tile nso Of tho adjective. TINT vas
Yhat i meant. otherwise II would DO bad plea
ln their lcon,pai',ants replifations, ins:ead Of
simply travotainE that allegation BY tho
use OF lilo tcria ,"'eleetlon," In order
to prevent anv possibility Of this question
gul1E or on tllo iss,o whether this was nn elcc-
ltu1i 10 tacto nintcau u h election tie lure, they
had tzaveisea tue aycrnent by saying TINT
no VALID EIEcrioN
was lield. They Ind clearly tic right to do that.
because that must DO the construction Of the
plea. Anoshar Objection taScn 10 tho repica-
tions BY Mr. Tnlcs was that they wel Q chatesato
Gronnd4 Tor averrlng tlo elscti'n 70 be Invalid:
lilo (|uaso L.. admitted that they did that, hut tt
"HH not t,ne. in hih Judgment, tint it nala tho
fapllcatlohh c.iafGe1ue alth dltplciEy. Tho lsao
TO bo Ia1Aod "Aa tho validity Of Tho etrc.
tion. an election might bo inSalhl flam
various ca'laes,-frotn tho whit OF notice, tho
want Of proper ollIccrs tfauu rractices ut tho
polls, etc,-aiiu le Gld not conceive that paIHon
dcFlfig to RAISE III plea tho question whether
Or hot valid eicctn ~lH lIell should DO Coniltl-
ell in pso.entaug TINT 'ssno 70 any ono Of the
cauHes Which wont to Bllow that tito cuetion
WAS 1SvAI1I'.
cyon though TINT cauHo might bo HAl!clcnt ono
Of itself. Mr. Iuoy further said 1t was nut
euolsgh to over IN tho Ftihlcations that by throw
i!is out Of tic i've or flx wnrds "licto no poll
lists wora kept tue majority ~ recorded by tho
CITY Gounr!l would Le cLa''Bed, nnd that shny
slonid aver tho actual majority would haro bceu
againHt ilstead OF Tor tho caartor. They re-
rl!ed to dele'&al'tn plea '.' prectsely tho form
~ was set nf'. Inc plea stt w. tho Tact
OF tao majority aseert9lncd bF tho Com
mon loa''c,!, ma Tue fepca1iohs aserfed that II
certain polls were oSelHdeu, aa compla1nants
cialmca they ought 20 l!a'o '1ocn, THO canVass
would haSo shown different rcsult.
hh. rlSeE
followed on the snmo slac Ho contrnded t!mt
tllo Rcconu r'ea Saa uc'tctse' as 1t uld NOT foi-
Low tho inaueement' aud WIS not y conclusion
derived ffUn tie li'ttsieoment Eet out. but denied
generally thoy ltad Eos used, which was simply 3
f'lea u mol Go''ty.
JUDGE nfsEEY -
proposed to strike tho abslnn hoe out, which
would maEe tho plea good. Ihoy did lot rely
upon It ns o plea Of special t1ayoGao.
ME. rESlE
paid 1t was tho uso of foIu which might take
them nj disadvantage 1t might bo esI,teadet1
hereafter tAa le "as IN lFenc OF the Question OF
!aer. Defendants denied the liso of fElnclstseH
but tioy had a6nlsl!e1 tho l'olsco board and ap-
Pointed Fi1e- -slasalal: and it ~as hollow pro-
tense to make ruel! Plea
Judge Dlckoy-,ll you lisliko the form Of tho
pcn havo no oh1ccticll, instead of tho abB1uo
hoc, 70 say "othcr shan sbis " tho city has not
used tho franca'sos.,
JiidEo oLawIouco-lhat amounts TO tho same
thing.
Mr. Pence had no objection to tho amendment,
hut co'stendod that It d!d not alter tho chaFactor
TIC 't p'ca ,.s wns thcn amended a. suggested by
counsel Tor the city.
Mr: Feica vent on to show that notice WAS
ABSOLUTELY NECESSARY
to ralid election. 1t was clenr that rol}-1iB!s