, 1876-06-10

Ill tho satisfaction tho news.gathcrcr got.
TIE QUO WA1etANTO.
AMEND THE nECoRp.
10 the Editor u The Tribune.
CHICAGO, june IA few days ago ! read f.
communication to your paper addressed to the
common understanding Of our citizens In regard
TO the meaning Of q n,inc pro tune order, With
special application to tho Colrin-Stccl quo wnr-
ranto casc. But what Inns tho common under
Standing Of our citizens, or plain English
language, to do with our city affairs 1t IL tho
lawyers, tEeJudgcs, aud the courts that must 10
talked to at this stage Of tho proceedings,
md SO you will excuse II these llucs should
contain n fittlc more 1atIn than would SEEN
healthy for nun.pro fcss!onal man, for they arc
intended for some Of the legal fraternity, and
especially for City Attorney Tuthill and Cor
poration Counsel Anthony. Ono thing seems
to be acknowledged OH all silcs namely: that
attempt to ha1ass cur hfnYor by further PROS
ccut[nE tfiat quo warranto case ought to be re-
sisted strcnuOus1y by the Official representatives
Of our municipal corporation bciore tho courts,
It is not Colvln ne I'm individual who Ia tho de-
hut Colyin US Mayor, IL hls official capacity rs
the hcad ot tho city. This being The case, Judge
Moore will certainly award Mcssrs Anthony and
Tuthlll q locus standl IN thu quo wnrrsntn casc
ifnr thc cityl nr as nmIr,Is curtoe. and Hmm ,,1,
tice to reiator grant leave to argue d motion for
the amendment of the record 81 tic Crimina!
Court in the point Of the nu1c nro tune part the
the term Of tho Court during whicl. It wos rem.
dcrcd not llaying expired, anil thy judge 1nieht
correct Ills record Without notlre to 0anyD5iy
from his own minutes upon ills own nlot1otl.
Court: aThe true rulo OF DractLcc, upon much
and uaturu retcction. wc think. shn,lld nniv
permit such amendments as matter Of courss
tic the cause is detcr,nined.'i Every Court Is thu
guardian of It's own record, and It is fts duty 10
amend aud correct It, and to faithfully eudeayor
to Nuke It speak the truth. This is but q coro-
larry Of tho ulaxim, that tho nct Of the Court
bc amended In two polnts:
FYrsf-It si!nuld staiIi from the 9Th OF juno
instead Of the Goth OF May.
sSeromi-The order to fllc The process md
sclndca, and the Clerk should bc ordered to tllc
them as Of the 9th tlay Of June II Ills Ii tic
date when they wcre first brought into Ills
o1!Ice. Tie Clerk of the Court cannot be- Dr.
.lcrc.l by the Judge to ie pcatliuga rs Of date
prior Il, tllcir having been nctlsaiy fllcl with
lin. II the Clerk should untctlutr tic fllu
mark lie would nuke lf,nsclf guilty of nalfva-
sancc III Office, and lie Court ca,lut nrlcr lin
to certify falsely in Ills own ,tnrr. This r,le
"respulideat superior " would BE- no protection
to lin. The Clerk as such has IL to perform
many tlt1ttes. not as thc serynut pf TIM .tItirr,
lis a,1,a.luensls, lut Us IN o1.jecr Of H.,
iny. iuIlrncntirnt M Inn :iirrc. u
rccol]cct riEht tic rasa l,opnencfl ia tIs cotnty
wlrrp ~ cx-SherlI lals[t(c4 The record by i
iiunc pru tune return, and tried to shield lin.
self under the order ii Court The Supreme
Court uuanl1uouely sald "Ouol non },' and
lcctt,rcd tic cxotiIccr severely: cannot now s,f
recall the title OF the cuse, hit from 1nuIno-
rantlnm on hand / qupto the following Ian.
E,lago OF tho Court: IL No one can supp0se the
Court iud The powcr to authorize uti ntucnl
fnct, or II ii Ind such powcr that II wouLi NIL
thorixc such Injustice to he pcrnetratcd. Nm
officer has the lcrai or moral rlt.ft to make u
fnlsc return nr oic that he ,inex f,ot Ennx tn h..
As to them. the rcctrd fmplIes ycrItvI lVhnt
M, nntin,,otc,l nntfun Tint in ,;n,1er the
uttjon o} tho t,mIrt In tho nrt}r,iar
sase before Us, which to-morrox has already
otler peonfe. ard other lawyers md nthcr IT,
yiccs. nut oniy for jutlvss al MIR sancrinr
Courts, but aieo for YOUR Justices Of the Fsarc.
Il ths Judge may a.itedate hls i Judgment o. ii
date his tilr u,urkn 40 tht Sheriff, nav n,;tr.iat.
h,s wr;ts ri 1mrsms n,orsss and ,Y",,tinns *.
Notary 1nny antcdatc his certtfratcs Of atknowi.
elgmsnt, thu HccorslcT his ccrtiiicates OF re-
c0f3iIng }nstrrnsnts, nll al 1ht,,m. 1.ut ai1
This wS1l.l br rpht o,,t frnuI. I rnnnot In,aH.
fne for n mnnrft thnt .i,,,fTe Nor~e Will H.
attention ia caijcd tn IT, ullI rnnIc hm,c,f III
particeps fraa,is. '' @
uudcr discussion, Was cntercI by c1,,,se.Ii liz,
nnsvcr r. thaf the nnTsns T., ,",s,', '.,,, o,,, ,I
consent ~ betweGn themselves. th,fr rnnssnt
Will nut confer Jurisdiction ,I,,u lin Court Ia o
what they irfntn or n1re.i oho"t o ~ aorsu,.
10 II s,ira trristlictf9n In a' mt ~ snnf.rrsi
hr ,nw Srnav can,nt ,nsna b,te ~, ~, tsrai 20
Thts NEEDS 10 authoritY. lut sa ii IL IL vcsy ali.
iicult for lawyer 10 s,,pprcss a. al aa,hority II