, 1876-06-09
COLVIN'B LATEST TRICK.

laG nct1ttDltH cnse fn1tlo uP lOf lllh CflHlanhl
Court by Acting Mayor CoLv1s autl friend
Of his named SrEEt "a city contractor, by
tho Way Is receiving such probing that it
il not likely It can attain tho object for which
it wna instituted. 1t il pretended that This
cnse was agreed npon in order to defeat any
otIort that Alr. HoyNs might make TO tako M
appeal Inter in tho dsy, and 10 postpone a
Supreme Court decision for several mouths.
The pretensy IL transparontly Billy. If Sfr.
HoYxE had entertained the slightest notion
Of appealing ho would have tlono 80 immo-
diately, in order to keep city matters in sst,tu
quo and leave him ir actual possession Of tho
Office Of Mayor pending the appeal. But Mr..
HoYsE said from thu beginning that he had
no insontion Of appealing, md hiH 1awycra
hnse reiterated that determination over and
over again. There il not d shadow OF excuao
for CoLv1Nis attorneys to suspect my
appeal on the part Of Hr, HuraE, who
is only too willing personally to bo relieved
by a Judicial tribunal OF The uncongenial duty
Of pressing his cinim to tho Office any further.
II, then. tho fear OF til appeal BY HOME is
not tho moving cause of this fictitious suit,
We are 1T loss to explain 1t On any other
ground thnn the hopo that the Supreme
Court, on an .z,1a7rtc statement OF the case
not genuinely contested on tho pnrt Of tho
people, will ofIirm CoLv1N'a claim to hold tho
office until April, 1877, and go tlofeat the spe-
cial election which tue Council will call as
soon nH tho faiihustering Of CoLgzs ana his
friends in tho Council shall have ceased.
This was m ingenious scheme, but there is
r. prospect that it will 10 defeated by the
fraud in the record, which Judge AloonE,
now in chnrge of tho Criminal Court, Thought
lcss1y permitted to pass In order to avoid tile
rule Of tho Supreme Court which forbide
carrying up q case begun within ten days of
the commencement Of Tho form, tho fios::>sspus
SrEELCoLv1S information waB permitted 10
be dated back to May 2G, though actually fled
June i. This waa done undor n rule Of Inv
known IS s.une pro tune, which meaus sinl-
ply that record may bo made now that
ought to have been made then. Tho theory
il that tho interests Of no party should be
prejutliccd by tho neglect Of tho Court. Thus
tho sickness Of tho Judge might delay the
rendering Of verdict, or tho neglect Of a
Clork might postpone tho entry tl.orcot, in
such way IL to infect tho rights Of ono Of
the parties 10 n suit; in that caso tho record
may be dated back by direction Of the Court
SO as to restoro tho injured party to bis orig
inn1 rights. Bnt thcro is no such emergency
in tho present case. The sTgE1 quo ,carranto
was not begun Mny 2G, and could not
hayo been 50 beg1ln, since Mr.
IIoYar was in actud possession Of
the Office Of Mayor at that time,
and A1r. CoLv1N wag in no aenso exercising
tho privileges aud functions thereof. It
would be absurd, therefore, to file an infor-
mutton aaEsing by whit right CoLv1N assumed
to v1erciso tho functions OF tho Office when,
as lnatter of fact, ho wns doing no such
thing. Judge h1oonE will necessarily admit
thai lo erred in permitting sucl record to
DO made mp, and wo aro much mistaRenif DO
shall not himself take steps to correct it or
mako proper representation OF tho matter
to tho Supreme Court The rights of tic
people cannot bo jcopardizcd by tho fals;f
cation Of record in fictitious proceeding
mud tho conviction Of this may perhaps in.
tluco Co1v1s's attorneys to abandon tho pro-
poaed appeal. II not, then Judge A1oonn
should relieve himself of MI, completely in
tho matter by correcting tho error which le
probably made by inadvertonce, md Ger.
tnillly in a}i Innocence.