, 1876-10-25
MIKE EVANS.
WHAT IS THOUGHT or THE SUPREME counr's
nECfAlnN. -

WHAT IS THOUGHT or THE SUPREME COURTS
DECISION.
The dcciston Of tho Supreme Court OH tho
appeal OF Mike Evans from the decision Of Judge
MQosc, refusing to entertain an application for
d writ Of quo warranto ugainst Callnglau, is not
accepted With remarkably good graco by tho
gentlemen prominent in protecting tho rights OF
the people. Mcssrs. fsham and Lincoln and
Mr. Tu1cy, express themselves astonishctl at tho
action Of tho higher Court. They cai1n that
but ono question was presented before the
Judges, and TINT: Is the taking OF tho oath Of
Office by Cal1ughan sufficient entry upon the Office
toconstItuto user thcrcofa Unanswered In tho
negative, the denial Of the application was
righteous; II in the affirmative, tho decision Of
the lower Court must be reversed. IT, that
question counsel for Caliaglan directed their
arguments. There were some ailldavtts In tho
record, whtcl, eollaternly set forth the facts
prcssctl upon the South Tnwu Board when tho
struggle WIS made to oust Evans, but very little
was eall concerning them. Us they did not mr.
tcral'y niTcct the point at issue. In tllu Ic-
c!sIon Ut the Court, Judge Scott goes ut lcllgth
into the merits Of the ease, first reversing tho
.lecls!on of The Court below, and tten taking up
The facts as developed before tho Town Board,
and It "a his mettu'd Of ha'nlllng tcse that I'as
excited surprise u11lun tho counsel for the citi
xEns OF Chicago,
1Unas SCOTT ASSUMES
that tho only clain Of tho citizens Is that frauds
were pcrprtratcd IN tho election, n1i1 SAYS TINT,
such being the cast, It rcsolycs Itself Into \
mere contest between tho parties, which prop
erly belongs to the County Court, and not tic
Supreme Court. Mcssrs. 1sllnm nnd Lincoln
contend that such state Of facts IL not thr
TINT election. It wills claimed by tlictn before
the Town Ronrl. mud also before tho Supreme
Court In tho Ihnnltamus case. that MI fntletlnite
nultll'cr of ballots had been stolen from tho
~ iu4u
suhsttlltcdi that this nlalc It Impossible to
tell wlN,, II anybody. laa1 been elected, md this
hopeless uncertainty rendered. the election null,
leaving the Board III tho position 1t w1llltl have
It incumbent upon that body to mike thu ap-
]M,ntmcnts. Judge Scott completely ignores
TIL. claltn, md says, In effect, that Obvious
" there was MI election, unl tl!at the simple
claim Of frauds thcreat does not operate to yti-
nte II,
MA. TuLET sAYs
llc hatl not for n moment supposed that the
Court wtAld 70 Into tic merits, antl that the
,,ut ff1'ni. So far rs tho merits nrc concerned,
the npinlon of Judge Scott Is merely the lctuin
Of The CURT, and not n DECISION, sDce they did
1nt come up in shape to innEn decision pos
sitie. A. tie 1aattcr s.an'!a Eyans' course aow
VIII Of course be granted, ana tl,is will bring
the whole question mp n,un. Mr.. Tulcy aI-
'nts tlsat tue Judge "1ll II al! probability, rec
O5HlAc thc OIiLnlon oI TIE supreme court OIL tho
merits, and, when the argument comes, will de-
clau lii 1ayor, Of Evans. What the pcoplua
course Will be has not yet been decided upon by
tho. Citizels' Association; hut, # ttl0y
nvul themselves Ut all tho paths upe1
to =, them, they. will appeal agatu
that body sliunld decide against them, 1t will
curry the mutter orer nnttl II will bc too Into for
Mike to benrilt by. his oice. afr. Tsliey also
Eays that much depends on the action 6s tile
Cnnnty Clerk, who lIla promised the bouts to
Ga!taEl.ar, tut who Mny turn them over 10
Exams III tho light Of these ncw developments.
What action Gen. lteh will tAke caDt,ot now be
learned, q. TINT gentsenan Ia ut tie East.
MEss!ts. PuLLaR AND sM1rI1
cln!m tlMt ttl effect tile recent opinion nuts
Evans right in, Or rather hulds tln,t he l,as nl-
why's beef. III. tIlc application Tor thu writ Of
quo warEanto Will b. made, that MI technical
demands inay be compiled with, but that cannot
bu dong ut present., ~ Mr.. Callaghan il nhscnt
from tlle city atld will not return for ten days.
Mike unl his friculis uro delighted With tho
result, and nro celebrating that gcntlcmun's VIC
tory after the orthodox fashion. As soosl III
Eyans is comfortably warm In his chair, Glccson
witt come IN With hls application to ollIclatu ns
Town Clerk, aud, II III succeeds, tho cup OF
eliss Of the hummer party will bs tlllcd to the