The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-05-03
SpELMAN- GREENLAW.
The Council Hearing the Second Ward
Contest.
The Preliminary Legal Skirmishing-
Some Very Adroit Fencing.
Black.and.White Cloud of Wit.
nesSes on Hand.
Tenor of the Evidence Taken.

Council met at pm. yesterday, Mayor
CabeIl presiding, to consider the contested
ease of John Spelman contestant, VS.. W
u tireenlaw, contestee, for the position o.
alderman in the second ward-all presen,
except Alderman Q. +. Carter. The Mayor
stated the object of meeting was to hear
evidence in the case.
If. Smith, of counsel for contestee, of.
sered motion for security for costs on the
mart of the contestant. Colonel +. g.
Rover of counsel for contestant, replied
opposiug the motion and read from the
statutes to show that if any party should
give bond it would be the contestee, but
didn't think any was required. MIR.
Strange, Of counsel for contestee read from
the statutes, in reply, in support of the
motion, asSimllating the council to a court
and alleging that costs can be always de.
mandei against plaintittin civil cases at
any time before final judgment Colonel
Bower replied that Greenlaw had not
given bond but II the council desired
Speman to give bond he would give it
in five minutes after the amount was de-
cided upon.
Alderman Tillman wanted to know if
witnesses were to be secured in their
fees.
The mayor thought no bond was required
and he did not think the city was RESPONSE
bic to witnesses or for cases of any kind;
that no number of witnesses had been
agreed on, and the city had no power to
limit the number. Alderman c. +. Carter,
who had laken his seat, argued that the
city was judge and not party.
On motion of Alderman Mahoney, it was
resolved unanimously, that no bond should
be required, to which counsel for contestee
excepted.
The mayor said that the only bond that
could possibly be given would be double
the amount of contestee's salary, which
would only be So per session, to which
again counsel excepted.
The rules of practice in civil cases by
tacit consent, were adopted for the trial OF
this case. Colonel Bower announced ready
for trial, and Captain Smith said he would
be ready if his witnesses were called and
found present. They were called, and
many not answering, Captain Smith asked
Tor attachments against those served and
not present. Mr.. Spelman's witnesses were
there and being called, when Colonel
further call.
Captain Smith then presented exceptions
to the contestant petition, and his answer.
Just here arose very interesting point
in the proceedings. and after much debate
Colonel Bower moved thst the answer of
Greenaw filed May End, 1883, be stricken
out, on the ground that the statutes re-
quired that the answer of contestee to con-
tesants notice and statement should be
made in ten days after such notice and
statement had been served upon him by
contestant, who had any time within thirty
days to file such notice, and that the con-
testee could not produce evidence on trial
unless he had replied within that time.
Captain Smith replied, contending that
the thirty days were allowed contestee as
well as the ten days, and that there was no
reason because contestee chose to serve his
notice before the expiration of the thirty
days that contestee should be compelled to
date his ten days from the time OF contest
ant actual service Of the notice.
The record showed the filing of Spelman's
notice on the 10Th of April, and il was
twelve days after before Greenlaw filed his
Alderman Maroney here moved that the
testimony of Green'aw be received, and the
question at this time was as to whether or
not his answer should be struck out. The
former understanding, which Mayor
Cabell thought had been undoubtedly
agreed upon that the case
should be tried by statute law and the
practice of Texas courts was now cues
Toned and elected mnch debate both from
counsel and aldermen.
Alderman j. D. Carter produced copy
otthe charter and read from il to show that
the council had the exclusive right to gov
eefn Its own proceedings and make rules for
ilseli in conducting election contests. AL
dermen Tillman, j. ID. Carter, Moroney
ana Coekrell all spoke on these issues, and
hhally the question was taken on Alder.
man Moroneys resolution, and 1t was de-
lea,ed Aldermen j. ID. Carter, G. + Carter
ana Marouey voting aye, and Aldermen
Loeb, Cockrell, Gill and Tillman nav.
Alderman Gill expressed his fear that If
the resolution had been adopted the coun.
before. '''"
=, Alderman Tihlman then offered resolu.
Won , TO the effect that as there seemed to be
discrepancies in the pleadings of both par.
ues That the council waive all irregularities
ahu 60 to trial at once on the evidence un-
yer the statutes OF the state and the charter
OIL the city OF Dallas.
Alderman Cockrell declined to vote
al iirst, but finally voted on this resolution,
ana Col Bower refused to concede the fact
mat there had been any Irregularities In
ns pleadlngs. On the vote being
taken ON this resolution, Aldermen j. ID.
carter G. f. Carter, Thilman, Marcuey
sni Gill voted aye, and Aldermen Loeb
and Cockrell no.
A. This settled the order of proceedings, and
sue petition OF Spelman, contestant, was
ha ~
DoWer asked that the ballot.box for the sec.
onu ward De produced and read, but upon
gettlng the list of the presiding officers,
Mllndrew his request. The exceptions of
,ohlestee,s answer were withdrawn, and
.ue naked case of"who had the most legal
'otes. was presented.
~ ~ Burton was the contestants first
i Ma.hess' liter being sworn, says he has
Wte v, mere eleven years in some place on
MiuIam street. that about three years
s sanoe ihe city threw his residence from the
NOonu wald into the county, his house
Suoit distance over the line; was not rcsid.
i'g ~ second ward, voted for Greenlaw
nptli ~, lsSj. never paid city taxes or poll
so, slnSe new line was run, and got his in
SW',nslon a. to where he was by
az nsatsay, and didn't know II the new or
VI o'u me was the legal one.
JOHN FLETCHER (CoLoREn),
""u,h; says he lives with oue.armed man
named Parker, near Dallas branch abont
.vVyards north of Crabtree's, on the McKin.
n ne! road voted for Greenlaw neYer lived
IN ~. rsclle avenue here. and never told the
had stated. "'' ~
l,,. J. u. PADotrr
IVES Ives IN Dallas in Third ward, where he has
ev since his house in the Second ward