, 1875-06-01
rodro Dickcy Closes tho Argl-
mcnts i'll the Contempt
Case.
IA Gloans q Few Points fron IN Ex-
hQas.ea Fi1ld.
IN Yould Not Advise tho Council to Can.
rnss Tic Toses.
Filing T. Dill of Exceptions.
MORNING SESSION.
.t,.fsr 1,tf.1cysA Ant1rIs-rEr.

tu5hc ulcho}i Aih1p *o I'os'na 1'h"t''~As A"A
TIC rcspondcntp,
After thu claboratsaua full discussion to which
,bn subject had Lcul subjected, and the very
{ull presentation o: Tho viows and authorities
unou tho respondcnIa' edo Of tho question, i!o
,houId feo1 much hclt1ntion about occupying tito
t;po Of Ills Honor In reviewing tue matter. wcro
It not TINT the distinguished counsel WHO closed
IN behalf Of tho cotnplauauts (Jut1go Lnwroucc)
intelligent and discriminating as lie knew hta
mind to be-soemcd to hayo failed 10 appreciate
or understand cxact!y the limo Of thought,
tha line Of legol principle. tho limo OF
pbl]osophy. upon ul.ct, rcsponslonts' position
rastcd hut beforo cntcr,ny upon tho discus~
zion Of tho rnain quoatous. thero were one or
tho things that had been dragged III incidentally,
tNo.
somcshIng bad been setd about
An OPINION WRITTEN III stn. JAMESON.
nd delivered 10 tho Mayor, In which l,o said
that tho injunction ought to DO oboyod, whotl4or
,,ghtftlIy or wrongfully Issued. uo had been
somoxlat at loss to know fer
what purpose that opinion wns
introduced into tho record. II ns nattcr Of
authority, he begged to Say, TINT at tho tlmo 1t
vas given, the question Of tho validity Of tho
In hny way whatever. lIo krow from consnlte-
tious will lin, tint 1fB opinion npon lilo qneH-
tiouB OF law involved aT,ee1 with bis [DIcxcys].
II II nus introduced for ths purpose Itscioentely
Of presenting Jamieaon mud hinsotf in nntag-
ouipu tn tLa[r professional aud official duticl,
eneh suggeatton was founded cnl!rc1y i'll error,
The utmost har1nony had nlways prosa1lcd bo-
txeon thoni.
Ile might bo allowed 10 eay, in order that hfa
position would not TO misunderstood by tho
Atnh hAh 1tn tx+ral ffft,+
tte rute Of duty winch required nff men to obcy
implicitly every valid writ of Injunction issucu
BY court, bnt that othor r.l[c Of prorrtcty that
no writ OF Injunction, although, invalid, isruol
by court, should DO 0lsrc9arded. unlcsa there
WIS Hon&o
Is1pEnlr1vE nuTI IN aNrsT I:x1aENcY
which required that h1an responsibility should
10 takon. II vas shown by tho answers, no fur
- tho attorneys in the case woro concofHed,
that thero "as no such question Submitted tt,
from IN examination OF tho stnlute winch
prescribed his official duty TINT, in giving
opinions, his ofieal duty o,lJcd when
hn had glven to any department Of the City Gov
1t the consultation hs which tho opinion was
drawn, and boforo It was signed. the question OF
adding buggcstlous to tilo Common Council "a to
vAat It was proper for them to do uudcr tho cir
cums ancea waa discussed. aud tho Mayor being
present, declared explicitly that hs desired III
opinion upon that subiect-that ho Ind nhbmit.'
tod to tEom only q gnoatlon pf inH. It waa we'll
known at that titne that biz opinion was, that 1t
would ha utRe for tho Council 10 forbcar takins
action until . hoarlug could be iIad upon somo
motion which would bring tho subtec heforo Lis
Honor. That opinion was mado no hccrot by hin.
II ho Ind bcon cb!loa upon at tlattinp for advice
he would have advised that the injunrtiou should
be respected, although lu boerbd it 10 bs void,
And, On tho worry night when the CANVASS waa
nude, messenger waa sent to him at his hotel
ty so,no person Who was Hotlcltous that The
Council should act. md ho was asked to give aa-
vIco Ilat they should taSo action, hut hc docid-
aa, saying that 1t hc advised at alt. ho should
advise that tho CANVASS DO not Mado In yiow
Of the tActs represented In tho tetn1n, nl,i upon
further consideration OF tho law, ho was FREQ to
eAy tlnt lo now Lad
10 DOUBT Az TO THE rEorRrETY or TIE or1S1os,
aud was roady to. has taat he did not think my
fault should ho found witt tho Council Tor act
ing wheu thoy did. assuming tint tho injunction
WIS void. II tue injunction wah void, the Law
iustosed upon them tho duty OF cauyassInE tho
voto and, that being tr1le. ho took tho position
was trus that tho Jaw did bot preacribo my
dcflutte time whnu tho canvass should 10 made,
but tho implication waa that It should ha done
Immediately. II THO right 10 postpone I'll, cau-
vasn wero conceded, tue power to defeat tho
effect OF tho election would also nayo 10 bo con-
csded. They had no discrstion' whuteyar aa to
the tfsne when they Bhould mako lilo CANVASS.
It wns tLeir duty TO mako It ~ soou ~ tla ma.
te.isls wero, before them Which would cnab!o
s3a.I i ~ t0 hat, ~ ch,rco;, tat Tin A,d.r,r., la,
...,sa .A H. ~ rsN S"''e0@ '"~ -1'
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