The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-09-08
THE COUNCIL RESTRAINED.
An Injunction Issued Preventing the
Expulsion of Bowling.
Two Reports on the Case Presented by the
Investigating Committee at the Meet
ing of Council Last Night
THE CITY COUNCIL ENJoINED.

The Injunction which Dowling's Attorneys
Tried to Procure by Snap Judgment.
There was quiet movement yesterday on the
part of James T. Dowlings attorneys in contin-
aation of their efforts to prevent action by the
council On the charges against him. 1t was well
understood that their next move would be a
restraining order, but at what tlrae they expect
ed to have it applied for and served no one out
Mr.. Cropsey and Mr.. Everett knew. 1t was
nearly 5 o'clock last evening when
the reporter having left Judge Ayers
in his room in the enjoyment of his days
release from motions and arguments, went into
the sheriffs office with the question, Has an
injunction against the City Council come your
way this afternooEP
mo, we have not heard of It,"
In the clerks Office the same valueless informa
ton was obtained from a deputy or two who
ought to know what is going on, but about that
time man rushed into City Clerk Denny's
Office, where that gentleman was preparing to
close the work of the day and go home. with
Say do you know what is taking place in Judge
Ayres's roomp
Mo-
well, you ought to be there. Dowling's at
torneys have petition mile long. reading 1t to
the Judge"
~ went up those two fights of stairs three
steps at a time" said Mr. Denny, land found
Cropsey arguing his case without having given
notice to me to appear in behalf of the city. He
claimed that it was a case of an emergency but
had my say and did the best could to defeat
the prayer of the petition, Notwithstanding the
attempt at snap Judgment against Council"
The petition that CTopsey had secretly
corded as filed, and which he as secretly bore to
Judge AVPeS, IS as follows
Comes now James Il. Downing the petitioner
herein, who, upon his OATH shows the court
that ne is citizen of the city of Indianapolis;
that heretofore, to-wit, on the 18th day of
August, 1885, one Robert McCelland presented
5he following charges heretofore publishedl
which were referred to committee of the said
Common Council for examination; that COM
mittee of said Common Council. appointed in
pursuance of said resolution, organized and de-
termined upon said charges contained in said
resolution adversely to your petitioner, and
in favor of suspending and expelling from said
body member thereof, and Invested him of
his rights, privileges and immunties of said
Common Council Your petitioner is informed
and believes that the defendants herein and each
= Of them will attempt to take action upon said
report at meeting of the said defendants to be
holden this, 7th day of September, 1885, in the
Common Council chamber of the city of Indi-
anapolis Your petitioner is informed and be-
hsVes that said Common Council together with
said John L. McMaster and George T. Breunig,
VIII at said meeting attempt to organize court
to hear and deter0ine the matters set forth in
said resolution and charges, together with said
other defendants, and that the persons aforesaid
have threatened thus to proceed.
This petitioner shows the court that if said
persons are not restrained but carry into effect
their said threat they will do him an irreparable
Injury by divesting him of his legal and equitable
rights as citizen of this city. They will at
4empt as they have threatened to assume juris-
dcton of an alleged charge of felony. to-wit: of
70 rh aud hch,
Of the said Common Council of 1882 and 1885
they will assume to prove that SAID charges are
True and will attempt to infiict punishment upon
this petitioner therefor. If said persons are
permitted to proceed as they and each of them
now threaten. they will divest him of his prop
erty rights to-wit: Emoluments by way of
salary due him a member of the present
Common Council namely in the sum of (blank)
dollars.
Your petitioner further says that said de-
PENDANTS nor either OF them has any jurisdiction
over his person, the subject matter SO threat
ened to be heard and determined and that
heretofore, to-wit: One the lblank) dav of
August 1885, the entire and complete subject
matter of said resolution was fully heard and
determined by the now Common Council of said
city: that committee of said body was APP
pointed and elected 60 inquire into and deter
mine said Identical matters; that said committee
and said Common Council fully carried into
effect said purpose; that said committee
made full and exhaustive report
All and several, or the matter so
referred. That said report was received and
adopted by a unanimous vote of the said Com
mon Council. and said committee was discharged
and this accused was discharged by the unani-
nous vote of said Common Council. Where
fore, he says that he ought not again be re-
CURED to respond for the same alleged offense to
said Common Council, and he prays the honor
able court to issue writ granting the restrain
ing order and injunction against such defend
ants and each of them. requiring them to desst
from proceeding thus illegally against your
petitioner and from interfering with his legal
and equitable rights and he hereby tenders his
bond for the further proceedings herein.
JAMES L. BOWLING
Subscribed and sworn to before me this It'll
day Of September.
''MosEs G. NOLAN, Clerk
After argument restraining order was grant
ed, returnable at o'clock to-day.
Attorney Cropsey says that if Judge Ayers
does not make the injunction permanent. papers
arc already prepared to have him do so through
mandamus from the Supreme Court He felt
greatly elated over his success far. and is
confident that his client will be saved the agony