, 1876-01-26
Tho Supreme Court Is Tied, and tAl
bIaDdamus Cannot Be Had,
Why the Judges Should Hagt
Written Their Opinions.
Mr.. 1sham's Views Respecting
the Question Of o Re-
hearing.
Mr.. Henderson Says the Citizens Asop
citation win Fight It Out.
Judge Beclkwitll Tells Why til.
Judges Divided.

Judge Bec1xwitll Tells Why til.
Judges Divided.
Late yesterday afternoon thors MORO intlm.
ttonH thatnewa MAS tobs roco!Ynd from Springfield
concerning tic application OF tho CitIzone' Asso.
c!asion for mandauua to order tho Council 10
call An election for mayor lu April, aud thsra
wore further hints thut the decision was to bs
In favor OF Coivin. Not long aftor came ths
following special 10 TIE Tn1nuaE, whoa cor.
d11nod tho aforesaid rumors,
sptefat Uispa,th to 1As chtcaqo Trfdun+.
aPR1NdT1gLp Ill.,, jan. 25.-Thn decision oi
tue Supreme Court In the caBe Involving Hpc.
oial election for Mayor Of Chicago, is rs follows.
Tho reopic ex rel. Honle.son Ct Al. ~. Tia cNt
Council Lot Of Chicago Scott. e. Tho @ ns!''en n ~
or!er elcctton for Mayor Of llo City Of Chicago
W have considered Tue caae with lint eAre and
have been uuab1e to agree upon deeia!on fos
s;:s s.ssss: s.s f. { ,s: 9; :s;
and tireo being oppoas III. Ju.tlce n.eEay wis nos
II counsel to respondents beiors he maa elesed !
member Of thIs Court II is proper to say io t.s not
tio cste II follows thst no dec!son en- 10 mads
either denying or allowing tho witt ~ the Cunst,tu-
0h HeCAEed t1a tue concurrence or louf nclnefb OF
tha Court sh. 70 neccssary to cvsry dscsion fCons
tuition ls1o. At Sec n Ths sea1It !. t4s msal,.
tho docket. htkndan1uR not allowed.
E.s 1slAH.
Upon learning tho action taken by the Court
4 reporter called upon Mr. Z. y. 1sha,n. Of coun-
40: for the petttoaor, fos the purpose Of Gnllng
out Whist ho thought Of thia rather Astounding
action Of tho Court, and to lehsn what, II anY.
thing, could bo done bv hia ollents to foron tbs
Common Council to order an election for Mayos
In April.
Sid the reportor ]" Have you heard yot whst
tho Supreme Court did with your petition TOR
n1ands'nus9"
"s,mp!y a brief dispatch from tho ccrk ta
the object that tho Court waa equally divided.
and. consequently. tho petition WAS rcfusosl."
Tho reportar thou shoUad Ar. Ishan. tho dis+
patoh giving tho order en.ered by ths JulgoA
| anl asked hts opinion concerning Il,
II am worry mucu surprised" aaid 1Tr. Isl,am
mot only ut tho dc.ision itself, but At the war
| In Which it IL put
"Whyf"
''Dccauso tho judges. ne'thcr ts.oac On oua
| aida nor those on tho ot;ler Hdo, have given
tl'ol, Ioaaons !; for thu conclusions thoy hsss
"Wlat effect would that hayo upon tho mat.
"sImp1y this. II tho throo judges who wors
opposed to granting tlso petition had gtatci
| their reasons therefor. ,wa olul1 have nDnljod
within tho thirty DAYS allowed by tho rule tol
n rclioarihg. 1t maj bo-I have not thoronghlY
oxanned the matter-that ws may atlll bars
tho right to hai rol.carlng. But it Ia also
posaib'o that we may bo turecloaud. It would
bad Stated their roasous. 1t IT, possible, though
do not think probable, that questions nat 70
forred to by counsel on oither Bdo rrasont.
od tho1nselvas to tho Judges, and tni.usnotti
| their act0Hs. II we know what tsioso questions
wore, we could, on roheaEing address our
arguments to thou1.'
"supposlos, you find yourself unabIo to do
anything at .a, ts term snsl yop try l. next'"
prov'doB that, when thoro Is Vacancy In tut
MAYORS oillee Of mora than yeaE. tl,e Council,
sLall order nn election. but IL the vacancy IL
loss than 5car, then tho Council eleots QUO Of
tts own 1nemlers for tho unexpirad totEn. Dnt
what sort OF o Mayor do you suppose Nc would
have nudor thiH lass conti6genoy?'
| "Then tho point really H.. whether you can
got . relocating ut this term Of court pr
no difficulty at all about 1t. and In thiH. which
Involves such vital interests, there should b1
none. Tho matter will DO examined immedate-
ly. and whatever can DO dons will bo. It would
spc*k, il she lndRea lad given their reasons,
Instead OF simply certifying to dbaggoculent." A."
.'This Disagreement Ia rather an unusual
thing" ,.. ..-..........
grow iu thla cane simply out Of fact that Judga
4 Dickoy had been ono OF tho counsel for tho 70.
sponleuts. and. therefore, felt natural dlsin-
eilnation to take part in tho deliberations Of the
| o.M. HENDERSON.
A reporter also caltod on 5fr. q. III. Hsnder4
son laat evening. and found that Rcnlleman At
home. Tho news that tha Supreme Court
saa.h. haa tlsa on xofb the ps.t'on Tor
inasnuch ~ be, with other o'embeEs Of the Cis-
lzens' Association, had confidently counted upon
= dsciaion In favor Of tho potision. Mr. Hendes-
son could not tel! iuss what action the Auaoca-.
tton would tako. but he could esy with good
dea! OF certainty that the members wsro dir
posed to take any just action In the matter "A
early Al possible. There might be au opportu-
nifty for sehsaEi1g. and. 1t euoh should be thu
csse. THO Association #ould 'oso no time Ia
ayaillug itso!f Of that opportunity. Mr. uau-
| d0raoll, together with other ulombpta Of ths
AssociAttou WAS inclined 10 push tho matter
aud 10 hght it to tho bitter end, aud whstoyes
HAs done would ho done quickly aud thoroughly.
| JUDGE DEoKwlTH.
4 TMnuaE reporter carried tia newa to Judga
| Deckwieh. Tho Judge Was Bsutor counsel for
he es%t G1unc that" aud tue n.yo1 s sald h:
c!t!zeus' Association. They oonld not
apply for another tnaudamuA In tho lower courts.
Tho full facts had boon stated. Upon them the
upper court standing aud .. had refused tho Pc.
htlon. Tho.e iH no recourse. A rehea1iu8 may Ybs
applied for. but he questions II tho Court would
grant 1t. Courts do not reopen cAses for fun.
| The Judges lad evidently considered ths mattel
esrsfnlly. Ihey do not dessro 70 give my tss.
thts to ba tue cause Of tho dis!aion. Ha says Il
IL frequently doue 1t Washington. THO Judges
will divide evenly avoid ~ signlng any raaIons.
| MAYOR CoLv1h
| did not get the naNA until lAte. During ths
evening his attention vas confined to bu1iuess
conference With an officer Of tho Express COM
| pauy. At tho conclusion OF tho conference the
Mayor wont home Hs waa apparently sesJ
| much pleased with the newa He said huf littv,
I and 8nAIf iDcjnAH Rac&5a frrr t}tnua div