, 1876-06-01
Arguments Before the Circuit
Judges In the Mayoralty
Case,
Messrs, Fuller, Tuley, and Jew
EFT Appear for Mayor
Hoyne.
And NIessrs. Gouly, 1soot, and
JnmiesOn for MIR. COlvin.
Il Is Not Known Whom the Decision Will
Be Rendered.
IIOYNE.
THE ttlEEL1AttNA1TEB.

THE itltgL1M1NAnTEB.
The arguments In the Gun wnrrantO case came
up yesterday morning before jndge Booth In
banc. The attendance wna altogether too large
Tor the small, pourly-vcntilatcd courtroom, mid
before the attorneys had fnirly wnrmed up to
their work their faces were dripping, until great
bca,la OF eTcat formed there, and remained
until their specific gravity was sufficient to dis
lodge them On coats, collars; srteffonts, or
legal documents. 1t was 1880 before the ball
opened, and ChlcfJustlcc Farwcll led the way
10 tho bench, followed by Judges
Boosl, Rogers, Williams, and AfcAllis-
ler. Mr.. Colyin WIS represented by
slessrs. Cloudy, 5asn.esot,, anil Root. Mayor
!!oyne was represented BY Messrs Fqller,
lights present were Judge Morse. City Attorney
Tn,hilt, the HIM. Elll6tt Anthony, James H.
Doolittle, Jr., Judge Stanford, atsd AID: Thomp-
son, while John Co1Yin snt ut ollu side Of TIC
room paying close attention 10 every muyo In
II took some time to get to work. Mr.
Goudy l,a!l to explaln the position IN which tlIc
casc stood. lie sud the partics we're agreed to
accent the opinions Of NIL the Judges, nntl That
thu decision should be thut of the majority.
While no cxnct agreement had been reached
rs to accepting the decision a. tlnal. 4 was e1'
pcctcd by all parties that such would t,p thu casc
Judge booth announced that each aldo would be
limited to three hulrs and that thu time consumed
in tic reading Of tho pleas would bo divided be-
II. iiSrtoi,, tor, tho respondent, then read tno
'' 10 certain @ pot he was relieved BY Mr Tuleys,
and In this manner the subsequent, reading pro.
eeraea. NJ jaa,!caon read the repllcations on the
Nh. FULLER
opened for tho respondent. lIe said they Ind dc.
sio,v the reason Why. The Council lid ordered "a
EcnGsal election, = Mayor was voted for, and one
declared elected BY The Council. The a1st question
ay 1s75 and ApSf is7s" sse'es H. ''%fsa Fai1sr
quoted fson the rtaut9 ai sone @ Length to i enforce
yas 2aeney eed
ist. when Tho inexpirel term was q year or longer
Mayer wAg to he elected. For shorter time, thc
act 10 Mayor. This otlieo was ono Of which It
might DO sald that fow Of lte occupants died aud
o nsss1 5sssR a Il If p19s aece Wis., 1so
rver S an e1igency srose. Tho object Of that net
was to make tho election os Mayors occur OIL the
have born intended to produce uniformity In cleo.
tlons to ill vacanclce, because no man could fell
when vacancies eouit occur, for Tic reason ~ tnat
Although tho City C.uncil might fail to call IN
election, the pcopls might 'tpOasancously pre-;
ths people posses.cd the risht to eIect an
officer, and tic Council refused to discharge ts
lcega! duty to hx such time and place for SPECIAL
election. then at general election, when otfce!s
rights, md adjulicated cases would a1stain their
action because tho time and place nnd tho safe-
guards for legal md valid election were all pres
ent. Public notorlgty was huhiclcnt notice. The
object OF the Council, IN opposing this construc-
ntay thoro. Tho statutc contained provision TINT
no law should le enacted that would extend term
Of Office. II was argued on tho othcr handt that Mr.
Calvin was elected aftor this pEov!Hon was madc
Hut, argued Mr.. Fniler, could q INV be eonstitu-
ttonal ono t!m9 and unconstitutional At another
tlnef 1t would probably be conceded Tint 1t
was unconstitutional to pass ~ act extending
a term. Tlo. drift OF tho argua,,
Inent on tic othur hldo WAS that AIr. Colvt held
over anyhow. until April. 16!7. Sec, 3. Art. +,
ought not TO be 70 construed ns to mean that the
party In power held over I'll! 1S77 II tue Council
1al issued the call. md MF. oync had been olcct-
cd, lhon coatd Mr.. colyin havo eet up chin to
hold ovcrl No good lawyer would hesltate to say
Office from May. 1876, to April, 1877, provided a
Huccckao1 Ind becn properly elected M0u!a me