, 1875-08-25
THE CITY Ctia11TlSlS.

CMicA0tp. Atg. 2f.-1 ha7o been Il clnho ou'
gorrar of what ilha baen tono Art SAID WIN
r.rcsnncc to tito right and necessity OF hosd'ns
municipal cleosion tlia fall. -.-
II tho Sumemo Court pnasca upon tho 1no-
wa,rano caso tt duo soaso1,, thon ali dlhlcnitsea
will ba removed. That tho Court may 10 eo'
oc.ma uu,to ptobablo. The case being III tho |
nau,o Of tho rodplu. tho Attornsv.Gcperst has
right ulor ti1e rulus Of tho O1'lft to csll it up
n any tlule; aud II Is lha practice OF MO
supremp Court to lispoBa Of al sntlt tatdh Al
o,co. On aoconut nj stio groat inte'eAt OF inc
nuhlio IN this natter undoubtedly tho Court w',1
deotto Tie samo iu titnc for the November Cleo
ton, .... ......-.-
II /. does not, what will be tho consequences
Can at, election bo held under tho old charter. no
AZ to 10 legal III Case tho Judgment Of tho cra-
inal Cunrt a1uutd bd finally aflttnnd bT tho 6u-
prerue Court :
Tho Chicago Times In an article Of this date,
ssys not for tic rsason that tbs city " hae en-
tayod upou 4 new lifo"; that the OLD charter II
doad aud can have no vitality 30 long ~ tha No"
cl,sytor IL In force aud that tho old CHARTER only
lives again when tho Supreme Court atiirnB tie
Judgment Of ausses, aud from that tirno alonocan
auv valid act bo done under the old charters and,
inasmuch Al tho old charter IL not ih force At tis
t,n,o Of tao election. tAere eau be 10 valid Cleo
tiun by EIrtue of it.
II Lie promises wero correct, tho conclusion
would bo luglcat; but thor0 arc two anawefa 10
tho Times pEoFlnRlliou, vi4.t
Ffrst-iAli tud2mouta Of the Lover courts taso
effect from thu date OF theis entry. sud, III cues
Of apposl, tho execution Of such iad <msnts ara
simply suspended md. npon tho altifmaston OF
SUCH judgments by tho SIpronle Court, thoy OPP
crAto from Tho time os thnir ontr7 III the lower
court. Tho Buprcnp Court does not onter
DOW judgment, but it simply says thero "a no
error III liza ola ono. II, ths1ciorc, tue 1udg-
krf in vn7AA Ia InItk rta
ateH from tue date Of the Judgment IN tho lower
court; and heuce AZ ELECTION hold 1t my time
hortaftcr. uuder thn old charter. Hbuid 10
valid. .
Of otttcr proceeIed IL, that no election was
over hcld for tho adoption Of tho now chartsf.
and hcncs tho now chartor, although aec'ared
adopted las never had any sIlatanco IN law.
It Ia precisely tue tame US II ton or luo persona
had collected upon the nttect.cornors, ritholt
my preliminary snbn1lsAoa or notice. and bad
voted in favor Of tho new CHATTER aud had made
roturns thorsof to tho Common Conpcll. aha Tue
Common Council had canvasabu tue Votes nlia
| declared tho charter adoptetf. 49,.
Tharo would bo no iutsllct on on the part OF tile
| Common Council to nlaxo any suoh dco. .aration
t.oy would bare no 1,oro rght. ID 's,o anaonee CO
an insurance company. or u newspaper aom-
pauy to dcclaso such charter adopted.
Ia other words, It would be !iks Judgment Of
4 court which should ba rendered agaiuBt man
l
1t would bo absolutely void ab futto' not simply
| yotdhblo Of oYrotleot1e.
| il tue election hsi been properly called, and
tho questions TO bo voted upon had been properly
sah,1ittoI. aud tho chartor lad been cAf!isd BY
fraudulent votes or ballot -Atnfing, then. in
such caao tho record of tile 1esis Of ths election
by tho Common Counei! would not have been
void, but ony voiaablc. and II would have bssn
The o7,silng cbarAor uasil judgment Of onster.
l'ut such preliminary stefs rot having been
taken "a TO kiyo. any Authority - tho
Common Council to act IN tle matter
E, ds'sfl"s ssb,aOs s 1s'a 1o n Ss0' ~ pa
tLe Judgment Of court would bo absolutely
void without service Of summons: All acts by
virtue Of the new cuartes would be Sod from
The very eoglIninR. aud poe simply from the
under tue NOW Charter would not give tho right
I'd Office 10 ahy pefaon eloctod.
1t has bopu suggested that m election could
not uo he'd with0nt the proper officer, tho City
Uiork, kiylng tho notice required BY the old
charter; but tls law, as interpreted by all the
couftd, is to tho offect that, whom tho law tbol
l1es tbs limo OF holding eleoslonst they VII
be valid although tho notice Eeauirud by tot
stntuto' be not gwen. It iB otherwise rs to Bpo.
ctai oioettons ~hcto tho Inv doos not ti1'ths
tiano.
As understand, 1t IL tue duty Of the County
Commissioning to appoint tho: inspectors q
Election in this city, and tho teturns Of auct
municipal eleotion aro to be n,ado to tho County
Clesk, aad TO be canyaHscd by, Inn three Jus
tices. ant! tho CITY Glerk. All who knov sb'
Comfy Clerk Will not doubt that ts would have
tho rbsnt Of suoA 40 eieotio11 canraaasd anu de-
! cared but II he rosuaed. uaudamus #oult
| con!pel him to perform tic DUTY.
Tho Uonin1on Council has nothing to do will
the eIsqtton Of this fall. They neea not sfoub
themselves about tic matter.
J It must 10 eyidnnt to any person that an eiec
! tiun should be hsld this fall, aud under the oil
f4yos Of the late clcctlon, That 1t was properl
| held, off,eats 10 e1ected wnulr havo nothlng t
, do. Bat t.ca oan DO little doubt in the mind o
| apY intelligent man ~hQ la2 foltoEed tho chArto
, litigation that the judy OF custer win b
sista,ned. LAwfER.
Should tho Fraudulent ci,nstor-E,sc
t.nn stand
! ~ Ehs Eiioe # 5Ns Chicago 7t.ttt,N;
0 CnlcAuo, Ang. 24.-My attention has bas
I caIled to paragraph In The Ererti"g JoH,T.al {
Aug. l8, In Which il IL said: "rbsra IN q Eima
= = tuat ono OF Tho JAuses oI ti,e Supreme Coutt au
privately stated that. eyan II frsuq In tho elps
\ tion @as proved, one Of two ynars of wording Ut
! dor tho charter would bring about 4 state I
things which no Court. uniess on tho stronges
- grox xnds, would venture 10 disturb"
# II is to be presumed that the ramor rnferra
ID 10 ia rmiounae1, yet 1t Is esdopty ppl forth ss
lint nf tho plea which tha supporters Of II
- - el.Arler OF 1B7s lotoul 10 press batoEs tho +,
- Mesae Court, and u ! psspatasoiy appeal to IL
poopls OF Chicago to put tetpporary couvoniens
u above tho claims Of right. 10 aase,al 9th,
quarters soruothlnk Of tho san,e sort has bee
'' suKsestod, and It seams high time shst distlp
+, expression should bs given to tho oountar yiet
u For instance. let the rumored plea foE soqu
cscence in the charter Of "a b looked 1t
>, the Ilgbt o5 tt4 qwp propositop. ~ Tho etisel
W. of Chicago will observe, it takes for Erants
that tha s!en.iou was fraudulent. lis supPos
.. tiot IL, ttat the charges OF lllakaty are proys
~ Il admits thas crime waA committed. aud,
II iii very termH, q crime agaipst tho most sacrs
in(gfests Of soclsty aud tbs State: Se< It efsin
" that, II ths wrong oan Nv perslsteJ In nu
a. vested iptesess4 have sprung up pnder Il;
), convictaon and puttsh,neu. cah be wasded 9
% Until tha legal administration has tad stino
a. sptrspca, issali behind certain administrative
Eagen,ents; In olhor words, II Justice eau
~ sureessfalfy defod fut few montha or yes1s,
u thu wrook ID 70 TO overlooked sud thA Grin
ooa1lolad, And It iB even dssirad that, s1