The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-09-09
THE BOWLING INJUNCTION.
A clustering Attempt to Bluff City
Attorney Denny.
1t Fails to Succeed, However, and Dowling's
Attorneys Decline to Go Into Argument
Hearing of the Case Continued.

| 1t was generally understood that lawyers,
councilmen and city officials interested in the
Bowling injunction, growing out of the pros
pective trial he will have to undergo in Council,
were to appear before Judge Ayres, of the Cir
cult Court. at 2 o'clock yesterday afternoon. It
was thirty-fve minutes past that hour before the
first step was taken to dissolve the restraining
order issued the day before The intervening
half hour had been one of patient waiting, partly
due to the request of other attorneys to be
heard relative to cases they wish to try. Out
siders were few, and of the city officials
and councilmen not more than
dozen were present City Attorney Denny,
with his pleadings of motion to dissolve the re-
| straining order against the Council and city
| officers, backed by an affidavit by Mayor Nc
| Master, was about to begin the proceedings,
when Attorney Cropsey interrupted him with
II want to know who you appear for. have
heard certain councilmen say that they did not
retain you in this case"
| Mr.. DENNY think it is my right to appear
for the city. If there is any one who does not
wish me to attend to his interests in this case
| let him speak.
| Mr.. Cropsey-But want to know who you
appear forl
Mr.. Denny-l appear for the mayor and city
of Indianapolis I am employed for them in all
suits in which they have an interest, the former
as an official and the latter as municipality. If
there are any councilmen who do not
want me to appear for them l have
not heard from them. Idont run around seeking
clients. This matter has been very hurriedly
conducted too hurriedly. I have not
bod lima 70 yxr,hA oh. rs
represent them
| Mr.. Cropsey--We have enjoined each member
of Council Individually, and we know of some
who do not want Mr. Denny. Therefore we
ask for a continuance, In order to have the
pleadings completed. There is nothing before
| the court but our complaint.
Mr.. Denny-Name the persons who object to
me.
Mr.. Cropsey-Dr Edenharter is one
| DR.. Edenharter-I deny it. 1 am especially
desirous to have Mr.. Denny to conduct the case,
| SO far rs 1t concerns me.
Mr.. Cropsey-There was a resolution offered
| in Council by Mr.. Spahr to the effect that Mr..
| Denny should not appear in the case on behalf
| of that body No action was taken on it, nor
was there any special authority given Mr. Denny
| to conduct the case. Now we want to know
| who our legal opponent is or is to be.
Mayor McMaster-Under the charter which
| gives me power to act in an emergency of this
kind appoint Mr. Denny to appear for the city
| officers and Council
| Mr. Cropsey-Whatrig light have you to designate
| any one to appear for the cityl The Council has
| not given it to you.
| Mayor McMaster--I derive the power from
one higher than the Council-the city charter.
Mr.. Denny-I have no desire to appear in this
| case. have talked with no one about it ex-
| cept the mayor and city clerk, and if there is
| disposition to have me not appear am willing to
| withdraw
| The Court-When appointed this afternoon
to have the argument it was because l have
/ IN haar ha
| merits involved, and not technicaties. l
will recognize Mr. Denny as the legally, author
| lied attorney IN the case on belief of the de-
| PENDANTS
this matter, but, as the issue has been forced
upon. u.s. have prepared motion supported by
| affidavits, and am ready to present them.
Mr. Cropsey-We must have time to demur
Mr.. Denny-It is not matter for demurrer,
but simple motion, Mr. Cropsey,
Mr.. Cropsey-You have papers, them purport-
ing to be exhibits. 1t was agreed that those pa
| pers should not be published, and 1 want to
| know how you got them. These papers are
the majority and minority reports of the investi-
! eating committee
Mr.. Denuy-I got them from the official
| records of the clerk.
Mr.. Cropsey-I want to know how you got
| them They were not to be made part of the
record OF last nights proceedings of Council, and
| we maintain that this agreement has not only
been violated. but that the papers are not prop
| erly of record.
| The Court will hear the motion.
| Mr. Denny then read the following:
| James T. Bowling City Council of Indianapolis
| Mayor John L. McMaster and others.
Come now the defendants in the above entitled
and the to dissolve the temporary restrain
ing order heretofore granted by the court and in sup
| port thereof files herewith the affidavit of John t.
| McMaster G. S. DENNY, Attorney for Defendants.
| In support of which the following affidavit
| was read:
| Toh T. h~Nf
above entitled cause, being duly sworn, on his oath
says that he is of the defendants in the above en-
titled cause and such makes this Affidavit in his
| own behalf and that of his co-defendants.
| He says that it is true that Robert McCleland
member of the Common Council of the city of Indian
apos, did present to said Council certain charges
| copy of which is set out in the complaint herein.
That said charges were thereupon referred to a
mlttee OF three members of said Council in pursu-
ance OF the provisions of ordinance of said city
copy of which is filed herewith, as a part hereof,
! marked A.
And afiant says that there had been no meeting of
| the Common Council after the reference of said
charges to said committee and that the time for hold
ing regular meeting thereof had not arrived the
time the temporary restraining order herein is
| sued.
And afiant says that said committee presented two
| reports on the night of Sept T. 1885, to regular
meeting of said Council then held one by majority
of said committee which is made part hereof as ex.
hibit b, and one by minority of said committee
which is filed as part hereof, marked G. That said
committee also presented said Council certain spe
cifc charges, which are fled herewith part here
| of markeS,D.
And afant says that on account of the restraining
/ order issued herein other further steps were
taken by said Council except to receive said reports
and that no time was fixed, attempted to be fixed
for the trial of said bowling on said charges on &C
count of said restraining order.
| And affiant says that other committee was ever
appointed or investigation hal by said Common Coun
Gil concerning any charges against said Bowling
der and in pursuance of said ordinance above set
except the hereinbefore referred and set out
That the committee referred to in the petition as
having been appointed in August 1885, was not APP
pointed under in of said ordinance above
referred to- and that action taken on the
report made by said committee except to receive the
same. copy of said report is filed herewith as
part hereof marked E, together with all the action
taken thereon by said council.