, 1876-05-23

ana tae sa!d fespondenl, further says That !he
sssas ~ s ssss dai
& 1 IT, 's l. III s ely tSa Cont az.
.s,ds "a sGxi oa tsS 81 sy q hsy y 1SSa
sald election for said once Of Mayor, and eAnaed
from which il appeared, md iii appears. that ths
whole number Of votes cast OF aaa elcctiop for
MySG sss s oss Ts :"d re-
coi1ed ahout 800. -
AM tho said respondent farshor ayers that, IN
md the resu,t ot whleh wa 20 snsefed upon the
journal Of ssld city Council. there were large
va%seF VICE. eft s Ther Il ,. T0e oen o~ II, qS9 0 s
ofnco Of Mayor, which, by lcaaou Of info1mai!ics
therein. wcic rejeescd In the sad canvas.. ali or
bo csst for said rcsPondent and that Tho aggregate
81 ho sotea cast Or Intended to be eaat for Mayor
e M he At s s's0 y ws vos, ssy e @
election for any other general officer Of aaid cty,
and that to votes enst as said election for t'le "a.
aforesaid, and Included IN Tho result Of aai can.
ra.a. s as entered uron tho journal Of ha!d clty
e c9Hf ss or sss y5s y Il hG
aonsel Largo majority Of all the legal voters Of
And lie said respondent fur,he. says thu. a. the
time Of !a!d election ho was. and atl 10, citizen
81 The nttcd NJ M Mststss anS!!aSa clestor Of tsa
CITY Of WIG GtatC 0E lll}N0Nt H}lu n Fe<cht
within The limits Of said city, and was and il quail.
hed undcr TIM law to take and hold tho said on'cc
AMI the said respondent further .ass that after
tho can1asa Of the returns Of tho votes cat. al said
cloction for the o11co Of Mayor, ~ aforesaid, by
p a a ona o a sa c esan
Gil tn Wit: on the day and year last Aforesaid duly
decarcd this said respondent elected to MI tho aa!d
Office Of Mayor ~ tho successor Of sald lInrvey D.
Co1yin, and direeted the ecvcral Boards, heads Of
Departments, oilecrn. and employees Of naid city,
pyer apon ss iesponast a. &c.,
pursuant 70 the provisions Of said act Of April
1o as2 IN Sn o b sa9 sS1oR y T. 1ae aasd hx o
said respondent as such Mayor. That TIM safd ro.
sspondent aite.warss, to:wit; on the oh day Q!
eity his oteial Sond ~ sneh Mayor IN ths penal I
sum mentioned In the said resolution Of said city
Council, with Eood and sufficient surety, which
and sqbscfibed ths oath q on!ee, and caused the
BE- sns @ a s es s ssd q ~ city S
came and was, and has ever since been tho rghtful
Mayor 81 sad e!sy, aHd entered upon, and has eyer
exercise Of tic powers aud functions Of said Office.
And by this warrant the said respondent claims
a Il s9o, to VIII II ss I'D 1s f'y ysesas III ed sS
tunesans aprestanng @ thcrsso. without Iii tsas @
s % nca nas ,ra q 5o oe1 1g
privileges, Ind functions thsteoi, a. BY liz
tafd information Is hbove supposed; all and sfngn
lar Thich mattess I'D h' H. 'd Is
wherefore he prnys tudg99ent, md that tho
tions thercei by him eainacd ~ afeiesa!d, may bo
allowed and md adjudged to him; and that he may
ss s5 ss ps5:ss sSsTa * Sks1s pii sS 5
TIE NEW PLEA
reeites that there election for city officers
In November 1871 and that the officers then elect
81 tn In aP ~? ne R9i9 voted
is7S held over until I'D? snocesso1s weso
ssas ehaaf; Dat he demmon Goanel With held over @
failed 10 order IN election for Mayor a. tho time
Wy o5esse az eestion fss q ether ess tss
others 70 tho Supreme Court for mandamns
to compa! the Council 10 orlor an election for
Seen 81 Counsel @ for tho city, I'D given It! opnios
In tho cAeo refnfcd to act on the decision. and
he 5gSs
Msyof that tho city Council refused % canvass he
dd at ihoif arst meetines that tho respondent vas
declared md qualified as nnyor, and has 90 contsn'
ecd to act.
THE FOURTH PLEA.
.pondent @ avera % tut fho city 1t OF ot cheago IN aa
County apd State was oyganiEsesa and exis.sd t. as
IL tha year isd5 and tho aasenamcnts thore.
to from said year 1863 until tho Sd dny OF May,
+ ssns sad dlssaso ss y " hen
Thls respondent further ayers TINT while said
city YES oegnn1Eod and existing ~ aforesaid Under
and by virus OF said special charter Of 1868 and
the amendments thereto, IND on the Tuesday next
rsao ss aSsy con %as :leeted &C. q to
5s' sas s if5 81 ss
This reanondant Yurthnr nvnrs Tint m thn 1f,th
day Of November, 4. D. 1874, petition in writ
Ing. IN due md legal foEm signed BY the requisite
Common Council Of said city, 70 eubmit tho ques-
ton ~ 10 whether said c,ty Should become incor-
aasa & to- sa ,hs Il ssa
posation Of cities and villages, to vote Of tho
electors q said c!ty q chieag9, "a contemplated
! THIS respondent further ayers that tho Common
Council q ri si.y sSferrsd sald pettio1 70 com.
sd uef the rope1.
Of January. 4 D. 1876, said Common Council, at
e e1st Ps:ss aa
question t. yetS Of aid eeeiers b., at an see.lnn
when.said ordinance was passed, o. aforesaid, sl-
thongh bnt thirty days noisse Of sneh slccton at
aaid. is, required 10 be given by ,Sa!d act which
said ordinance was approved by sa'd ro'ator as such
This respondent further a.osa that no good or
au1lc!ent reason existed for sfotcsaid p0stpon.
! Ing the day for the holding OF e4sd election at
which said question WINS to bo submitted rs asoru-
said that Il said question to whether said city
should become incorporated under aatd act had
b.en enbmlttsd to vote OF tho electors Of said
| city without unnecessary md unreasonable dc.
lay. - 4 shouid have besn Instead Of betng post
said Ielstor - euch Mayos aforesaid, until the
ed day Of April, 4. D. 1875; thst then general
might. and would hs1e bscn haid on tho ~ &oti
IL hNI mn rf A1,rAb n
1915, "a provided la aid oct. And this
and approved BY said re'ator as Mayor, -
| aforesaIl, 1xIug the dato for the sub
mission Of said question to said electors three days
after said rsgula election could have boon held for
tho election Of all city officers a. Aforesaid, Tor
| the purposes and with tho intant 10 dcfrnud tho
electors Of said city OF the right to elect their p-
Gers, and With tho fraudulent fntent II possible,
OF Illegally continuing said felator in the Office Of
Mayor Of raid city beyond tho taFm for which he
,ras elected.
Thls respondent further AYERS that IN election
was held In satd city on saii 23d dny Of April, A.
d. 1876, At which vota was taken for the purpose
Uf determinlny whether said city shall become In
curporated under sald act Of i. u. 1R72 that On
the I'd day Of May, A. D. 1873, the returna Of tho
votes cast at tad election wore canvAssetI by tho
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