The daily gazette., 1882-01-16
An.ply FROM CaI. 1laeaiIlai5r.

Mn. EDTToK My attention has
been called to an article appearing in
your paper of the 18th instant
signed "Justlc - wherein the wri or
charges me Ia terms Of neglect Of duty |
In relation 70 my management OF cases
against the now famous peanut ven
ders" /" have pever before taken
notice Of no = spaper articles 30 far as
TO answer hem, and should not do 80 |
in this Instance we're Il moi that some |
good people might construe my silence |
as an admission og the truth Of The |
charges 90 wantonly made. The only |
case ever before me officially was that |
Of CardinellO, and the facts are simply |
as follows Cardinello was brought
before the Mayor charged with violat-
ing the city ordinance prohibiting the
erection Of stands aud booths ON the
sidewalks. At the request Of the
Mayor l was present at the trial and
conducted the case for the city, Mr.
Cardinello being Represented by his
counsel, Mr.. Hoffecker. Tho Mayor
adjudged him guilty ofthe charge and
tined him accol dinghy. An appeal was
taken BY CaTdinello 20 the superior
Court, Mr.. Fl. q. Robinson becoming
surety. The appeal was filed TO the
May term, l5cU, at which time / en-"
terej my appearance for the city.
That being the appearance Term only
Oi course tho case could not be tried.
On the regular rule day q blank
declaration was filed, AZ matter Of
form, such being the usual custom,
though, IN my opinion, . blank declara-
tion was not necessary. Mr.. Hoffecker,
for the defendant, filed a demurrer,
and the case was placed Upon the
argument list to the November term,
1880, that being the first term at which
under our practice the attention of the
Court could be directed TO the case.
As every lawy er at this bar kno 1, the
argument list al that term was not
reached before the adjournment Of the
Court, and for that reason nothing
could be done at that term. Before
the May term Of Court, 1881, and
pending the trial OF the appeal, my
term Of Office expired, and the name
Of my successor was substituted in all
city cases. With the expiration of
my term Of Office my duties and re-
sponsibllities necessarily ended, and l
turned over TO my successor in Office
all The papers In my possession, and
gave him such information as could
regarding this case. Knowing that it
was the intention Of the defendant to
make IL a test case, carefully exam
ined the law, had caused 70 be made
photographs Of the stand and building
At Fourth and Market streets, and
made careful and thorough prepara-
tion for the trial, and was only pre-
vented by the business Of the Court
and the expiration. OF my term Of Of
ice.
Even suppoRing that no delay had
been caused by the fling Of the de.
murrer by the defence, it would have
been impossible 10 have tried the case
at the November term, 1880, as the
condition Of the business of the Court
was such that the case could not have
been reached, and many cases having
precedence on the list, and which the
parties were exceedingly anxious TO
have tried, were necessarily continued
owing TO the adjournment Of the
Court. Now these are the plain facts,
and every person at all familiar with
the practice and business of our Court
will see at glance that there was
ueither delay or neglect on my part In
the case on the contrary l was ex-
ceedingly anxious that all business in
my handy should be completed, so as
to leave as little as possible for my
successor. Though l have had con-
siderable experience as q public Off
Ger, this is the first time within NV
knowledge that ny official integrity
has been assailed. have always en-
deavored to my duty without fear or
affection, and am not aware that
have on any occasion neglected or
shirked my official duties or RESPONSE
bilities. 4 am painfully conscious thae
as a consequence OF having simply
performed my duty as an officer have
had the misfortune to offend valued
friends and lose clients. Such is the
penalty that every faithful officer must
pay.
Had "Justice" taken the caution TO
call upon either Mr.. Hoffecker, Mr.,
rarner or myself for the facts about
which he SO recklessly writes, he could
not, as just and fair man, have been
guilty of wantonly attacking my Off.
cial reputation and of thus injurinR
me in the estimation of the public,
Whether by his reference to the fact
that am candidate for Mayor, he
was actuated by some sinister motive,
will not say, but of that, as also of
the truth of the charges, | will leave
the public to judge. As he fxes as
the value of his life-long Republican,
ism, the possibly small profits he
might derive in his business as a
grocer at Front and bhipley streets,
by driving the peanut yendors' from
the sidewalks, it is not a difficult un-
dertaking to place a corresponding
value upon such other principles he
may possess as ''stock in trade"
8. A. MAcALLIsTER.