Daily Republican., 1879-10-07

Ethics-Tho Democrats for an Inn.
,Sinary Precedent Confirm thefl
neuytable aecOrd Of Injustice
M. Evans TO Conduct his own
Case-"Res0IutiOn"J Jimmy maxi ea
Proposition.
Last evening as soon as the first gas
was lit in the City Council chamber,
visitors began to come in. At y o.
clock the chamber was crowded. The
Republicans present, as If to seek com,
munion in closer companionship, drew
around the Republican side OF the houss
and watched narrowly the proceedings
as they advanced. Occupying posi-
tion in the rear of the hall stood An
thony Higgins, ESD, and Edward Brad
ford, Jr., ESQ.,, counsel for Mr.. Evans.
At g O'Clock President Sharpley enter.
ed the chamber and in few minutes
there after the members were all in
their seats.
Mr.. Rodney opened the matter by
calling the attention Of Council to
the fact that the building proper, In
which they were assembled, was built
in 1896 Just eighty-three years ago
Great changes have taken place since
that time. When its charter was made
Council was composed of ten members
In that charter 1t is stated trials ofsuch
character should take place in the city
hall which doubtless means the large
auditorium below. To substantiate
this view of the matter he read that
section of the charter referring thereto
He then moved that Council sit as q
court in the auditorium below.
Col. Taylor said he didn't see any
cause for the motion. The room IN
which they were was ample enough, and
each member has his desk, and plenty
of light. He could not see the force O.
the technical point raised by the gen
tleman. Council Is certainly meeting
in the City Hall, and it seemed to hin
as fthe construction placed upon the
charter is rather forced.
Mr.. McGlinchsy said he considered
the point mere technicality. We
have had several contested cases which
have been settled in this Hall. VIZ
have no lust reason to leave a place
where we have greater facilities. "
hone" said he, "that the members
will net vote for the change. We have
precedent to govern u.s."
Mr.. Rodney-If that precedent estab'
fishes a wrong, it is no reason why We
should follow it..
Mr.. Paynter-I would like the gen
tleman to give some valid reason fol
wanting to remove from place OF com
fort to a place of inconvenience. lhave
been in this council for years. | have
been here when they have heard sever
al contested cases. have never before
heard any opposition raised to holding
the courts in this room. If we go out
on the roof we are on the City Hall land
cannot see the force of the objection
There are no convsniences down there
and unless there is a more lawful rea
son advanced shall object to the Coln'
Gil changing.
Col. Taylor believe the objection
raised is on some legal point. Council
in this matter has established prece,
dent from which there is no appeal. The
objection is useless.
Mr.. Rodney-This is the literal in,
terpretstion Of the law to give these
proceedings strictly in accordance with
the law.
The question was put and Mr.. Nc
Glinchey called for the yeas and nays.
Yeas-Adams, Chandler, Downing,
Rodney, Smith and Wood-6.
Nays-Allen, Abele, Blake, Barn
hill, Carmichael, Heusted, Hanna, NC
ulinchey, McMenamin, Mention, Payn.
ter, Col. Taylor, Merris Taylor and
Tewnsend-l4.
Mr.. Chandler, in order that Council
might be informed of the cause for &C,
ton, asked that the protest be read
This was done, together with the names
of the illegal voters.
Mr.. Rodney then moved that Mr.
Evans and his counsel be given the
privilege of the floor to substantiate the
truth Of the allegations made in the az
fdavit.
Merris Taylor moved to amend the
motion by striking out the words "and
his counsel" Mr.. Evans being allowed
the privilege by reason OF the fact ol
his being an ex-Councilman.
Mr.. Rodney in support OF this mo
ton said: In hearing and determln-
ing this contest by Henry Evans, OF the
seat of James Carmichael, as mem.
ber of Council for the Fifth Ward, the
Council under the Act of Assembly act
as Court. For the purposes OF this
suit, they exercise judicial and not
legislative functions.
4 The contestant is required by the
statute to file his petition in writing,
E,setting forth particularly the grounds
# and specifications upon which the
election is contested and to deliver
}copy of the petition to the incum'
Y bent. =,
Upon filing such petition and the
affidavit prescribed, the Council must
appoint a day no less than ten nor more
Ethan fifteen from the filing of such pc,
and affidavit for hearing and de-
the same, giving public
notice thereof in two newspapers OF the
Y City.
Upon the day named for such hear.
Hing the City Council shall sit in the
City Hall, in the presence of such citi'
zens and others as may choose to be
present, shall hear the allegations and
proof of the parties, and shall deter
mine according to the very right OF the
matter, Gevidance shall be confined tr
the grounds and specifications set forth
in the petition.
The City Council are given power
to issue subpopnas for persons and pa
pers, to administer oaths and atflrma.