, 1875-05-28
fora, had no authority Ia Iesns tho writ. lie
urged that the County Court could AFFORD Esm-
MI.
AFTERNOON SESSION.

Nlts PENcK.
After recces, Mr.. Pence opened for tho COM
p]aInatss. 1le said Tho question involved vhs
whether tho Sovereignty Of tho pooplc, ~ de!e~
Eatod 10 the courts, wAa TO be regarded, or
whathor wn wore 10 resolve oursslvos into
tho original nlcfnonta Of society. and
lot brutn forcs kiono rule. Tho diaobedlsnoe
Of m injunction was 10 be considered in tie n.
pcct Of an iusult 10 eYery citizen Of Illinois.
Tho question vaH ono Of tho utmost importance,
aud ho did not think qlc4lio,, Lad arisen In tho
judicial history Of the country in which Tho
courts had beon callod Upon to perform 4 duty
moro Imperative Than In this very Case. 1fo
then went on to prove that
4 crAHoEnv counr HAD JunIsp1or,os,
calling Attont,on to taoisions Of tho Supreme
court Of Illinois, wheroin II wsa held that tho
Court could intcrfero with tho canyaBsiuR OF
election returns when, In point Of fact, no
valid election had bcan hold, or Il It had not
been held in conformity with tho statute.
No notice. ha claimed. Ind becu .Bivon and
therefore tho election was not valid. aud tho
II it wsrc truo that conita could Interfere by
mandAmus to compel tho performance OF an acst
tloy could Interfere by injunction to prevent tho
rerformanco Of an act founded upon the ahmo
facts. Ito took tho postion that Tiers had f,neu
no electton-l!.at what had beon dope was abso-
lutoly nult and void.
Mr.. btorrs-What arc you eontest!ug in the
County Court?
tllcrs. Tic original bill was not filed for the
purpose Of ooHtessing tho election, but for
tue purpose Of declaring void what was Taid ab
ihttio. llo tLon quoted from 9 large number Of
autiloritcs, ard cfained that ho had established
THAT tho Court had Jurisdiction 10 issuo the In.
Junction, OF, II 1t did not, that II hM Jurisdiction
Ut tho subject matter, and, having 1t, every Qua
Of tho twenty-five Aldermen and counsel was
liable for contempt. Tho Aldermen had not told
the truth. because i vas impossible for them
not to I,aso known Of tho opltion Of City-Attor-
ney 1antoson advising them not 10 diRohey tho
Injunction. They might have told the truth,
but no ouo beloved they had.
TIE ,tASon HAD 1ssTtHA7ED THE WHOLE THING
for tho realoll that Ills term Of Office was e1-
tended two years.
Mayor Colylu (iutnsrupting)- il xhst
hnrss you: Just tlo tl,inG exactly.
Mr.. Pence paid no attention to tho Mayor, but
said tho time had come when IL IVES to DO dctor-
niitsed whothaz tha courts HoEo to 10 trnmpIed
under foot, and tho peoples safety undermined
by polit!eianB--rnon who mado II thoir busnsHs
10 degrade public morals. Justice would not b.
OF tho people would not DO maintained, nnless
every ono Of tho defendants Vas 1lnsd $1,000
and sent 70 jail for six nontha. That was tho
e. a' oboY "E e.. Tsh .% o1 gsa e.rsa sieA pone Ss
for reason; thoy earsa noth,nx for decsney i;
they called thonlselYos lawmakers, and broke
tho Law and l,o submitted sAs csao upon tho
dvidcucc ns to what tho Coanctf hsd done laGy-
ing tito Court to do what waa right in tho pren1-
lses. knowing ha would do Justice.
ffn. HTOnEA
followed for The defendants. Altar making fuu
Of Hr. ponoa, characlertxing him na 4 fanning-
mill. which rnado the loudost noisr ~hnn empty.
md his styIo OF oratory az cnthart.., - said he
had not supposed that = diferenoo Of opinion
botweon ht.oruoys and the Court would cut
tho alleltesk Aguro IN the oaao, or
that his Honor would eoucsiyo. from
tho stops taken by them, that any dtnrospoot to
linn was intended. Io coutcndcd that the coni~
plainants, by their acts, had waived the con-
tempt, II any contempt had been committed. and
had rendered themselves uttesly poworlcRs, ana
tho Court IN we'll. to proceed stuR!s step fur
tier for It's punishment; supporting tho question
Of rAivcr by several cl,atlous, which slataluod
the proposition that, after tbs act onoe done, out
Of which tho contgmpt 4rcse, ono sipg1o Step
pYou Of tho most trivial character, taken BY tho
complainant in tho bi!t. wan . wnivor OF tho cou-
tompt. In this case the injunction hsd bson dis
aolyed Long bofoio tho contempt proceedings
weso instituted
Thn Court then adjourned until 10 O'Clock THU
morning, whon Mr. storrs will conclude.