Omaha daily bee., 1889-05-12
ELECTED OR NOT ELECTED.
What Mr.. Cooper, of Lincoln. Has
Been Trying to Find Out.
A THOROUGH INVESTIGATION
Convinces the Judge That 1t is q
Query He Can Answer, Not
just Now-Railroad Equal
izatiOn.
LINCOLN BUREAU OF The OMAHA BEE, ]
1929 p STREET,


This morning the Hon. S. M. Chapman en-
municipal fight, which has been disquieting
the spirits OF the local politicians ever since
the special election Of April 90, THE BEE has
already stated w. S. Hamilton cleverly
ousted ". j. Cooper from his seat in the city
council, (Fourth ward). Judge Chapman
heard testimony and speeches pro and con
in the mandamus suit, which followed the
refusal of the city council to confer q certifi-
cate of election upon Mr.. Cooper. The sub
ject matter has been judicially cogitated
during the week, and the result was laid
open this morning Judge Chapman says
that the mandamus proceeding is something
writ is issued-the court should be satisfied
that there il right in the relator; that the
writ will give him proper relief and at the
Same time not compromise the rights OF
third parties.
compel the respondents, the city council of
Lincoln, to give to him certificate of cleo
tion to the council from the Fourth ward.
The evidence adduced showed that that
Robert b. Graham was contemplating be-
coming candidate for the Office Of mayor OF
Lincoln at the general city election, on April
2. There was an anticipation that he would
resign his place as councilman from the
Fourth ward, and on tins anticipation the re-
She relator in nomination to fill the expected
vacancy. There was q meeting Of the city
council on April l, when Graham rendered
his resignation. A portion OF the council OBJ
1ected to its acceptance, and the question
was referred to the councils standing COM
mittee on elections. Thus Graham continued
to hold his office-he had not resigned, mis-
resignation had not been accepted, and he
continued to perform the duties of his
oflioe, for the evidence showed him to have
been present ut the meeting OF the council on
the 9th of April, taking part in the proceed
tngs, when the vote cast at the election or
April was canvassed, and with the eXcep
tion of the councilman for the short term
from the Fourth ward Cooper having been
elected TO that office following upon his re-
publican nomination) the persons securing
the majority of the votes for the otfices to be
filed at the election were declared duly
elected. The tellers in charge of the can
vass, indeed, had counted and reported the
number of votes cast for the relator, Cooper,
but no further action was taken by the
board of canvassers, They seemed, indeed,
70 have considered that there was no vacancy
of the office to which the relator had been
elected. The meeting was followed by a
meeting on April g. when the committee,
who had in charge the rendered resignation
had been elected mayor Of Lin
coln) reported the subject back TO
the council. The resignation of Graham was
then accepted, and q special election to I'LL
the vancy of councllmen for the short term
In the Fourth ward, was fixed for the 22d of
April. On that day the people had before
them as contestants w. j. Cooper and w. 5.
Hamilton, the latter receiving large num-
ber of the votes cast, and he being subse-
auently declared by the city council duly
elected. Hamilton qualified and is now per-
forming the duties and enjoying the rights,
privileges and emoluments Of the office. The
fudge said those were the facts with which
he mad TO deal, and out of them arose ma
tcral issue between the relator, tho respond
ents and n third party, w. S. Hamilton. Tue
ouestion was this: Did Graham's resigna.
ton became operative on April or April VI