Omaha daily bee., 1889-05-12

If 1t came into effect on April 8, then there
was no vacnacy IN the Office he filled at the
election of April 2, If the resignation by it's
acceptance dated from April s, then the
relator would have no right to be
declared elected at the election occur
ring, or to have certificate of election de-
livered to HIM, and, in addition to this, there
Is the serious question, which becomes an
issue between the relator and w. S. Hamil-
ton. as to whether the Lincoln city council
had authority to order the special election of
April ". He had it before him in evidence
that there is pending in the court proceed
ing In the nature of quo warranto, in
which the relator seeks to have Hamilton
ousted from his Office as councilman and that
office vested in him. The weight of authoriy
In the country Is in favor In cases like this of
quo warranto proceedings rather than man
damus. Under the quo warranto action, the
rights OF the reiator and OF his adversary
can be fully settled whereas if writ were
now issued 1t would only compel the re-
spondents to perform the ministerial duty of
giving certificate of election to the relator,
TO which the court was not quite clear that
he Is entitled. The substantial right of Ham
i!ton, IL any he had, would not be tested, but
these rights might be compromised, provided
that upon the trial of the quo-w -warranto it
should be found that he is entitled to the
seat. Further, the certificate of election is
not necessary to the relator, to maintain his
action of quo-warranto; aud in well con-
sidered cases it has been held when, in
doubtful cases, certificate has been issued,
mandamus will not lie to compel the issuance
issuance would merely shift the burden of
proof, or would render substantial aid or
final relief. The judge referred to Magee
VS. Supervisors, 10 Cal, 316; Sherburn VS.
Hern, As Mich, 100, and People VS. Cove, 5
ILL.,, 100, ard said that in his opinion the case
at bar made stranger case for the refusal
OF the writ OF mandamus than the cases
cited In this case an action by quo-war-
ranto would afford a speedy and complete
relief to the relator, and there would be no
prejudice to the third party. The court had
not in this matter deemed it necessary finally
to decide AS to the legality of the elections
OF April and April -, which matter would
be best tested at the hearing on the quo
warranto. He considered 1t best for the in
terest of all concerned TO leave, until then,
the parties in their present status; and for
all these reasons the writ Of mandamus was
refused with costs,
RsiIroad Equalization.
The board of equalization, with the excep-
tion of the governor, is again at home. 1t Is
learned that the Elkhorn system of roads
was completely rounded up during the week
Every mile of road, LOIS in number, was
traversed and the property carefully listed
One of the members of the board informed
The BEE representative to-day that 'lots of
property was discovered" that the authori
Ties OF tne ROAD haQ fallcd TO give In. This,
however, will be considered when the assess
ments are made. 1.-The road will make moth.
ing by its attempt to secret its property"
pointedly said the member. The board will
continue ITS ride and work on next Thurs
day. 1t is understood that the property of
the Chicago, Kansas a. Nebraska railroad
company will next be traversrd and in
spected. The sentiment is strong here that
the action of the board in seeking to inspect
the railroad property of the state is a wise
one.
Pharmaceutical Programme.
Opening OF the eighth annual meeting
of the State Pharmaceutical association by
the president, w. b. Shryock, Louisville.
Music by the military band quartette,
SOLDIERS Chorus from Faust,". .Gounod
Prayer. r....................Re Rev. Il. IL. Curtis
Address Of Welcome. ...........
...... Colonel l.. G. Pace, Lincoln.
Music-"The Bugle Horn. White
Election of new members.
Annual address by the president.
Lectnre-"Chemistry" PROF.
Nicholson, of the state university
Music--"I Waited for the Lord'
........,........Me Mendels ssohn m