, 1875-08-04
Another Session on tho Quo
Wnrrnt,t0 Matter.
Two More Pleas Presented and Ono
Overrused.
Tie Ono Relating 10 "Arlfcle Nine"
Gotten into Shape.
The Case Postponed for Two Weeks

i
boen unable to ngroo ar tn stipulation, and
Julgo Dic&ey had In his poAacssion
TWO Pleas,
nrosehtipg tho saule nvertncnee contained III sho
additional plon thoy wnu.ed to lllB Monday
Which he asked loayo to tllo.
Accordingly, wtou tho Court announced Its
readiness to proceed Julgo Ulcksy said, in pnr-
suanco OF tho suggestions mado Or tho previoua
day, ho had prepared fourth plna, relating
purely to tl.e franclt.cs mined II. Art. ~. AMI
pnrporting to dofcnd nothing bnt these fran-
chiscs. Ito had also prepared another plea,
setting out tho facts Of Tho cnso. attached 10
which vaa n veriflcaton Of tho truth by tlIo
alldaviiH OF lie Mayor. the President Of tho
Council, and himself. Judge Dickev then real
tho plea, which gHyo history OF tho pro-
ceo!iDgs Of tho Common Council with
reference to tho election; tic passnso by tho
Com1nun Council, on Tie 4sl Of January Inst, OF
an order for MI election OIL thu 2il Of April. and
Tic fixing Of tho polling-places tlio publication
of the Mayor's notice for This election III tho
ErcnHq journal; tho fMcl that, on tito lCth u
Apri, TIC Common Council having tIotinitc1J an.
ctrtsiled that several Ut tho toIug-placea could
we're passed reciting this anl fixing one place in
cac!, of tho twenty wRrds. nlne 0f them being
the identical polling-placeH liked on Jan. 4. anu
tho remainder III tllo Immediate vicinity OF tho
fyaCeH fAGl1 HxCHf ll&D pI1tklIlE Atsu At2t1
button OF sbs ballots for the election. contains
ing tho words "ior" or ''Against minority
Representation in tho City Council = tho hold
inr Of tho election. md tho aAcottninmcnt OF 4
majority 70. city otganlzstlon under tl's gen
tl,at il WIS nocesea,il ilY known to tho voters Of
tho city that Raid election "as to be held that
no yutor was deprived of voting by ronAoa OF
vnnk Of adequate k'o"lehgo Az to tllo time.
place, ap,l potica Of tue election; md TINT by
virtue Of theBc facss tho city claimed she rIkhta,
privileges, franch,sca. oto. Ilis Honor {Judgo
1lckot rcsnnrked, would observe that ~ Tint
plea there was no general allegation tint MI
i,ority representation WAS submitted ut tho same
time as tho other question. II that position waa
alleged III tho plol. 1t was an Inlertuce which
arcao from tho fact, which he imagined ~aa not
10 10 disputed. Ar to any
INCONVENIENCE on DELAY
which might be eugepierel by the filing Of
tho rlsa, lo would suggest tlas, II i did not
co1ktitulo sufficient warrant. 1t could bo met
by demurrer; OF, If thcy wished to traverse it.
ail that uas necessary waa to lnho leaso to
was but right mud Just tho CITY should have tho
pouoht Of tho facts appearing on tho record Ill
Rueh aliape that thoir slows on TINT question Of
law might bs submitted to the suprome Court.
5UlWE LhwAi:NCE
said thuy had not tho nl!ghteAt dlspos!kton to do
prIve gentlemen On tho other sltle ul tho benefit
0f any facts Of tho case, but they w"re not cn-
titled 10 them III elio Way ot pioAt!uE AMI the
10Ct8 lucy nOW souEit u het VIZ PAA tA!s FteA NeID
Blmpv mattors which would cotle III tho why Of
evidence, Atd would be admissible Under tho T.
cues as they now stood. They had prepared
stipulation, which thoy weFa wlll!nE to lilo, Nd
milting all the avcru1entB to be true, with the
exception OF what was contained i'll tho concln-
sion, whore 1t undertook TO allego that every"
body had uotice Of tie election, and taAt no
body was prevented from daposltlnR his vote be-
csuao Of any change in the polling placas. Ihoy
did not admit that nor NJ It proper lnstor to
be introduced Into the plea. The validity OF the
election depended upon ths questions whother
or no. minority representation Was submitted.
and whether the time and nlnco Of tho election
held. They had alleged the facb Of minority
Representations, and tho fact of proper notice iii
thclr three amcndoi pleas. Tothoso allegations
complaint had replied, and OF tElose repticatipns
{Bsuo weB Joined. Thene Hr1o tho finnl and con-
elusive fasts upon which the determination Of
tl,ocsae must depend. lIo did not think it waa n
caRo w1,ere the Court shou exercise liz discretion
by admitting now pion w!lict, set up mere mat
tels OF cyiuenco, aud which they offered to ad-
mil on tho issues already furrned. There WA no
sjccs,lop iu tho plea which was issunbic, unloes
n :, t,o ~ ur.nIsi frnp ~ h