Evening journal., 1890-04-14
tIrN tJH r.
COUNCIL WILL INVESTIGATE.
In No Event Can the Fame Hose Vote
BE Counted for Robinson, Etc,

I'm No Event Can the Fame Hose Vote
BE Counted for Robinson, ETC.,
City Council held an adjourned session
ON Saturday night to hear the report Of
the Fire ana Law Committees on tba
contested Fire Department election. The
chamber was crowded with fremen az on
Thursday night. Mr. Forrest. Chairman
OF the Law Committee, presented the re-
port, which stated that the Committees
had no jurisdiction to inquire into the
matter, and therefore submitted all the
papers In the case and the city solicitors
opinion. The latter, after fully
reviewing the case and the ordi-
nance, stated that the ordinance
presupposes an honest ballot, a fair
count and true return. return which
Is false in point Of fact, although it may
be correct in form, is not such a return
the ordinance, nor can the seal Of any
company, nor the certificate Of either
sworn or unsworn election officers make
II such. There is no such magic in the
official seal Of any company that
the mere affixing of II to an
election return shall preclude inquiry
when fraud Is alleged; aud the same re
mark Is equally true OF the certificates Of
tie judges Of election. To
hold any such doctrine as that the seal
OF company or the certificates of nm
sworn judges, or both together, must be
taken as absolutely conclusive of the
truth OF an election return, would he
highly dangerous and sure to open Il a
way TO the grossest frauds. It would
place the affairs of whole company.
in matter which is of vital interest.
in the hands of three or four
men, who might conspire together
to defeat the viii of a majority, and
leave them no remedy, except such as
might be- procured through expensive
legislation in the courts. It is mandatory
on the Council to examine the returns
submitted to it as set forth, but the
words 'as set forth" must be taken to
have reference not only to the form Of
the return, but also to the truth Of the
return. And the Council Ia not only
bound to look at the form, but is also
bound and obliged, where allegations of
fraud are made which would entirely
yitiate a return, to stop and inquire. The
means Of inquiry in the hands Of Council
are, it Is true, limited. 1t has no
power Of compulsory process for the at
tendance of witnesses, but such witnesses
may come voluntarily before the Council.
And IL witnesses in the support of the
correctness of the return, or In support
Of the allegations of fraud in the return,
choose TO come voluntarily before the
Council, they should be heard, and the
Council should give to any persons who
may be petitioners in a case similar to
this, fullest, amplest and freest oppor-
tunity to be heard, and to submit their
evidence, giving to the other side an
eqal opportunity.
If the Council shall find the allegations
Of fraud not 20 be sustained, then the Fame
Hose Company vote should be counted,
under the ordinance, according to the
majority on the face Of the return. If the
Council shall find the allegation Of fraud
TO be sustained by evidence ia that be-
half, taken under their official oaths they
are bound to throw out that return and,
having done this, the vote Of the Fame
Hose Company cannot be counted Fat all
for there will then be no return. In the
latter event there will bs no election, and
1t will be the duty Of the Council at the
next stated meeting to proceed to elect
from among the candidates voted for on
April z for the several offices respectively,
persons to fill each Of the respective
offices for the ensuing term.
II is hardly necessary for me to say to
Fame Hose Company be counted for Rob
inson, Kane aud Green. since there is no
return from the judges of said company
| showing majorities for them. If counted
at all it must be counted for Cloud Peeky
and Dickinson.
City Solicitor Turner concluded with
the statement that the matter was one
for the consideration Of the whole Coun-
Gil
On motion Of Mr.. Shea the report was
adopted Mr. Hawkins said that Council
had no right to investigate.
Mr. Baugh offered the following reso-
luton, and it was adopted;
Resolved, That when this Council
adjourns it be to meet on Monday, April
IA, at o'clock p. m, and all parties hav-
ing any evidence to submit to this body,
showing the truth of the allegations of
fraud in the returns of the Fame Hose
Company, as well as parties having
any evidence to submit, showing such
allegations of fraud 60 be untrue, be and
they are hereby requested to be present
at the said session of the Council on
Monday evening next, and that the presi-
dent Of the Fame Hose Company be and
Is hereby requested to furnish forthwith
to City Council any documentary evidence
that may be in the possession of said
company or its officers, bearing upon the
truth or falsity Of such return protest or
allegations Of fraud; and be it further
Resolved, That the clerk Of Council
be instructed to send copies OF this reso-
luton to the president Of the Fame Hose
Company and to the protesting parties. p"
Council adjourned.