, 1876-05-09
discharge his duties hs has tho documcnta aud In


Nom supro.o this Court wors 10 en!o!n the County
Clerk from, giFina hsln any nore docnments. Iho
stot H. woal b to e,basrsss tlo discharge Of Till
!@pe;tss ir.! h.,s any nots nor, acsn: '.sa:
e. resron,hi.y p giving thosn 70 him, don't thlnk
this Court should in.crfcro.
TMzs COUNT sNovEp NOT pt.ArE
any obstnlcons In The way Of thiS ttnportant dnty
hcing performed, tn this Court would not undertake.
to'ay by tho Issue q preliminary Injunction, that
Mr.. ra4 nnst HtEa hack Any FaINIs tlal ho haa uos
An injunction only stops things, snd dues nat make
resaona Ryo up what tncy hsrs possession of 90 th't
complainant would stand as far any eicct 10 pre-
vent tic discharge Of tnla Important pulo duty. 10
prevent th9 a'aess'nens beins nado In tho tns re-
Therefore th!s Court viii have to be very careful
how meets the casa 10 order that It's action h9hs
forcit hcals 10 mo cle1r that It ~ not tho duty Of ta
Gonr that It would bs wrong for thia Court ~ this
any @ seon' A. rsesse r, by til b to prsvsnt tho
IL hs hnss q 10 p!ve shen,. That !. h!s busaessor
to prevent Tho Towu Board from recognizing Ills A.
Withons undertaking To 70 oyer The authorities 50
eonrt. III terent States The subject referred ,o-1
would merely state, In wort* two Of thfee pn.ohs
,a snf ~e ss q b. sss s s .sf "
to decide slo risht' of eonesns es!manta to laIi!o
purpose In any ordinary e.ae OF cour.e, It would not
10 proper 10 say that could arse or bs sur.
1ss sss s'S ss1 'T Tns;e sss @ r Ss s.t
iinga Of that kind but It Ia not neces.Ary 10 look
ahead No eeh onae u presented aese sna she iaw ~
equity bo allowed 10 help parties clsnin1 ndverssyR
public office.
sons claiming q public olIce can bs decided.
Ono wny Il To eontoat tho election under
as % Ill., IT, fssa IL seeon 1 not
It fs prna facte evidence that the larty enlel NJ
they certify hut !. II not conciuAge. Tne statute pro-
and all sha ,uucinery Is provided Another Way fs by
VT q =. ssy ,oes sr tH1.
sou l. eeeGpytug Illegally hia remedy ia undat tLst
writ and then a. tue e1u'tios Of tho plastes may bo
looked into an,l decided ,
Courts Of any Hae aud iAs espres1ed ~ decided an
ornop upon till subject ~ can be found anywhere
II. e. s2sJ es asy *
NOW Think tho law which governs thjn cass is very
we'll Ibid down. In tbs llh Indiana Reports pags 3sS
Iaues" after fcctrR that Tho Court male these
parties IN that case. aid In my other caee 70 eco
WHAT OPINION, ON THE WHOLE,
tho Court had on the law Of this subject III Indiana.
aud which is substantially tho same III all States,
We think the following propositions deduc!b1o
from ihe judicial proceedings Of tho supFsmo Court
j, Wharo 1t appears, prIma face, that acts events
have occurred shtect!g III o'lte to judicial dcclar.
atlon OF being saeant The authority authorized 10 l
such vacancy. suppoatng tha olce TO be vaeant may
proceed before procuring Judicial declaration Of tha
vacancy, and appoint eect according to the lorna
law peEsoa 70 ~ .ne oss; W T. mesn ~ sae
resisted by the previous incumbent, DO will DO COM
pollcd 10 Try the right aud ouse Elc incumbejt, Q,
isit to ons him, in Houo nlnaC prescribed by law.
T. II such elected or appointed person ands the Of
Ace, tn fact, vacant, and can lake possession uncon
long an 10 rotains in such poascsston be viii be an ON
cor DO facto ;nnd should tho former incumbent
pear cnnscat is right, he will bc rega.led having
hecn Al officer dc tacto and do trc; hut should such
former incumbent appear, after possession has bcen
takcn aganst him. zig burden q troeee!ing to 9u,!
III such proceeding 1t In nalc to aplear that facts Ind
occurred before tho appointment or election justify
s IA hayo s.sed and .he elacon ~A oe a
poinnent win bs held TO havc boen ynltd.
Alter examination Of the law relating 10 this snb
n,ent of this wIoe matter. IN tho caso now boiost
nasnnch ?. II appears. "a far can soe, Phillip
s Sefa s a not do @ fso
inasmuch body who has tho right, In cert.t1
contingency to appolnt person. have ppointca per
cestiacate and that hc bas been enahIea 70 enter uo,
the diarhareo Of bis duties to a certain extent, hs Il
~ btaK d isS t. axs 70
tain o1eht. and tho only ono with color OF authority
an ct s Gpo ss Is
Ssu'e sHat .Isii y found y ]aats.. i. sss.is Il
authority To act tbs latter will u oustod aud Phillip
will be put In posaeaSton Of tho Office.
aos tn 9ss at
therefore ovprEule the motion for an injunction.
ollAY AND TIE CONTROLLER.
| South Town AssosAor Gray aud Supervise
Lincoln callcd upon Comptroller IIayoB yester
day aud naked to DO allowed tito uso OF ths CIT
| psats Of real ostate and Of portion Of tbs Cit
COLLECTORS Office As tho Aaaeasor gets no com
pousation from tho city ior making Ito assesf
mont, 1t was thought TINT tho city ought At lcAt
TO extend to them this asAstnnce. Compttotle
Hayes was afraid OF getting into sonle legal di
lculty by thus recognizing Gray in profcrenc
condition that the Mayor did not object.
WHAT PHILLIPS Will. DO.
Ed Phillips says ho ia going to apply TO til
6npremo Court for mandamus to compel tt
South Town Eoard to rocognlzo him. It ia nc
OF July, by which time AsseHsor Gray won
hare completed hiB work aud drawn hts pay.