, 1875-07-18

sl0e Wato aotno ntt!o tune before deciding Wh,
should lead of. Tuley wanted Dlckcy to begin
Dickey was equally eol4c,tous for Tuley to bro 70
ceed, while Boot WAS conveniently out Of th
way. Alter consderabe solicitation,
AR- TgLEr
agreed to make the deserted room resouAd will
his eloquence.
1t the outset Mr. Tuley said the Court ventt
see from the history of tho case that j, was
struggle oa the part Of few pernons eisep
pointed IN the last election to force the CITY intt
position where IA issue could be rested or
some technical question not affecting the me1it,
OF the real question, and thereby avoid the ,ssu,
rendered them, viz. F: whether majority Of The
votes cast At the election we're for or against Ii,
adoption Of the charter. Counsel would moi
accept that - tho real ISSUE but would have
them think that the merits consisted in the per.
1ormance Or on-performance Of u directory
command OF the law By an officer charged with
that particular duty. Tie matter was getting
to b
VERY BROAD FARCE.
It had been ludicrouB from its beginning, and
he thought they had right to refer to some
notorious facts in this connection to possess Hia
Honor OF all the aspects OF the case. There waa
now, and had been for some time bending a
contest under the statute By two Of the relators
in this case. together With two Or three other
Citizens, members Of the sAme organization.
fled in the County Court, and in which no
movement had taken place slrce the filing Of
tho petition and demurrer. Tuere WAS also q
contest under the statute by tho aame parties by
petition in the Circuit Court, claiming that =
majority OF votes MAS given
AGAINsT THE ADOPTION
Of the act Both these petitions were based On
the came grounds, complAuants being anxious
filed in the Court of Chancery. These three
bulls were pending, and they sought also to con-
test the election indirectly by this quasi criminal
proceedings. Complaluants assumed to repre-
sent the people, which circumstance reminded
him OF the three tallors Of Iuley street.
Mr. Pence-There wore nine tAilors-
Mr. Tuley-I thought there we're three. In
your case there are i've Of about tia Fame cali
bro OF mlnd- Ho repeated that the case wAa
becoming q farce when it took half
IN hour to state the proceedings; when
ahey made q little more progress it would take
III hour aud balf to state, and what would it be
then II the third plea WAS bad, it illustrated
that the lnformatlnh Itself Was bad. They ask
ed the city to justify the exercise Of privileges
And franchises conferred by the act OF 1872
without specifvinE what privileges and fran
chisea. Defendants set up il their plea that it
was provided by Art. 9 that the Common Coan-
Gil OF any city might adopt the provisions Of that
article without adopting the privileges Of the
ahoie act. BY passing an ordinance to TINT
effect. 1t was Necessary for tile intorma-
ton to set forth what franchises had been
usuzped. Nothing had been dope By The city
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plea, Mr. Tulry resumed his seat.
The Court Ito Mr., Tuley)-1 underrtand that
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AuESp TIE PLEA