, 1875-08-01

| sented Chicago. What is New YORK DONG 10
| protect itself from fire Can it make any such
| showing as appears in this official report2
|
TIE CHARTER OF 1879.
The legality or ilegality Of the election by
which it was assumed that the charter Of 1872
WAS adopted will so up to the Supreme Court
| in three different guises, viz ~ The Al
dermanio contempt case decided by Judge
Wu11Axs (2) the Police Board case, which
involves some of the results Of the charter;
(3) the quo tea7ranto case, in which the peo-
pie ask by what authority the Mayor and
Council are acting under the charter Of 1872.
The aforementioned case presents more d.
! rectly than the others the issue between the
people and the present City Government. A
decision in the Circuit Court will probably be
rendered tomorrow It would be unusual,
We believe, to give the counsel for the Mayor
and Common Council a second opportunity
for amending their pleas. Such an opportu-
nifty would be particularly obnoxious IN the
present case, in view OF the evident purpose
Of the City Government to delay the final de-
cision in order that the Supreme Court may
not have chance to pass upon it until after
it shall be too late to hold an cleo
ton this fall under the old charter. This
consideration will probably influence Judge
FAnwE11. to refuse any further delay. The
desire to hold theif Offices from six to
eighteen months beyond the time for which
they were originally elected has been, and Is
still, the secret Of the support which the
charter of 1872 receives from the Mayor and
the Aldermen. They believe that if they
can, by means Of dilatory litigation, postpone
ter until after the regular day for the fall
election, they may be still nble to hold on to
Office, with its powers and perquiaites, in
spite of the will Of the people. It is proper
that Judge FARwH1 should take account OF
this purpose, and, having & already given every
opportunity which it is usual to give, should
deny any further effort at delay.
If Judge FARwE11 gives decision to-mor-
TOW, it will be- in the shape OF judgment Of
custer, declaring that the city has failed to
show that it has the authority to act under
the charter of 1872. OF course an appeal
will be taken Immediately to the su-
preme Court, and, pending this appeal,
the charter Of 1872 will continue in
force. The quo marranto case carries the
preliminary questions up to the Supreme
Court, which will be called upon to decide in
effect whether the election was legally called.
If the Supreme Court sustains Judges BoorH
and FAbwEIL, that will be an end of the mat
ter; it will have been held by the highest
tribunal in the State that there was no legal
election, in which case the charter could not
have been adopted. But if the Supreme
Court refuses to sustain the judgment Of the
Court below, then will come trial Of the
Issue whether the majority of the legal votes
cast we're in favor of or against the adoption
Of the charter. This issue comes up in two
suits,-one in the Circuit Court, and one in
the County Court,- brought under the
General Election law, and the other under
the provisions Of the Act Of 1872. It will
then be matter Of testimony as to the ma
iority Of legal votes, whereon the Ultimate
fate of the charter depends, unless summari-
" disposed Of because there was no legal
election whatever, and because the voters
have never had lawful opportunity of de-
Gliding whether they want the charter Or not.
One of the organs Of the reporters md
lot-bo1-stuffers givess special prominence to
the following extract from Judge FARwEr1's
recent opinion:
don't think they ara difficulties which necessarily
make the election void There Is not tendency, =.
understand the coofsa ano tne aes,ons VI tne uoar'
10 ~ ~ s. ~nsn neona ,rs iayted to oome and
eve their votes upon my questions submitted to the
that it should be in the power Of officials or anybody
either ~ the 1s'aa .,aetto apS sra t.s s
~ ~ frsua Of that character or istake which should
lead the Court to set it ssde general grounds,-
that s real quest'on H. how have the majority Of legal
roieTs poea On f01, "'at4e 1nat .e "a,.
md to hnnt for tfculttes and to seize readily upon
technical objections, this whole busineas Of elections