Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-04-13
Mr.. STAYTON SCORES.
He Makes a Home Run in the First
Inning, to Wyman's Goose Egg.
THE LATTER'S PLEA A DEMURRER.
Judge Ewing, the Umpire. Orders the Mayor
to Answer by Saturday.
NO TROUBLE TO GET BALLOT BOXES

In the Court of Quarter Sessions yester-
day, Judge Ewing on the bench, the matter
of the contested Mayoralty election in Allie
gheny was considered. Hughey and Ben
nett, Mayor Wyman's attorneys, filed his
answer to the contest of his election by l.
r. Stayton. Mayor Wyman's counsel based
themselves on the claim that the act under
which the contest is made in unconstitu-
tional, holding that the act of the General
Assembly to reduce the charter of ALLIE
gheny and the acts amendatory of March 81,
1870. gave exclusive jurisdiction to ALLIE
gheny Councils. They further held that the
act OF May 10, 1874, on which the petition is
based and on which rests the power of the
Court, is imperative; that it does not COM
ply with the directions of section II, article
8, of the Constitution, and is in direct con-
fict with section of the same article.
1t was further represented that the elec-
tion boxes. which the Court was asked to re-
move from their present abiding place, are
in safe keeping in cell in the Allegheny
City prison in plain view of the public. and
IN position where it would DE impossible to
tamper with them unobserved; and further,
that the key of the cell is in possession of
the turnkey of the prison. Finally the re-
spondent joins in the prayer of the contest
ant that the boxes shall be removed, as he,
the Mayor of the city, is in apparent. if not
real custody of the station, and is viking TO
avoid even the appearance OF evil.
THE ARGUMENTS MADE.
W. j. Bremen, ESQ.,, attorney for Mr..
Stayton, opened the ball BY asking for the
return OF the rule. and the answer was
handed to Judge Ewing, and Mr.. Bennett
made an argument in its support. He held
that the constitution OF 1873 did not repeal
the special act OF 1870, relating to contests,
so far as 1t applied to Allegheny. The act
of 1870 gave Allegheny City Councils ex-
elusive jurisdiction over election contests
changed the Jurisdiction to the courts, but
provided that the Legislature should by
subsequent acts designate in what
courts suits should be brought,
and expressly specify how they
should be tried, etc. The Legislature had
passed an act describing what courts should
have jurisdiction, and provided form for
bringing suit, but there stopped, the only
| further stipulation being that the case
should be tried in conformity with general
law practice which Mr.. Bennett held
amounted to nothing, merely generaliza-
| tion and nullifcatory of the entire act. Un-
| quirements, it was imperative.
Judge Ewing's reception of the document
and argument was not particularly cheering
| to the incumbent or his counsel. In fact,
| he regarded it as demurrer rather than
| plea Of nom jurisdiction. Should anyone he
| in the dark as to the definition of the term
demurrer, it may suffice to say that it is
plea admitting the facts, but denying the
jurisdiction of the court or the suficiency of
the measure proposed for redress-in effect,
asking: "What are you going to do about
it?"
PLEA OF THE DEFENSE.
Mr.. Bennett held that the old law was re-
pealed and that the new one was inopera-
tive until made complete-in short, that
there could be no trial.
Mr.. Bremen and Colonel j. W. Echols
unlimbered themselves to reply, but Judge
Ewing saved them the trouble. stating that
he was convinced that the law was valid,
and made an order dismissing the plea of
op-jurisdiction. and giving Mayor Wvman
until next Saturday to answer Mr.. Stayton's
bill. The answer was expected yesterday,
but the special plea was filed instead.
The attorneys for the contestant rely i'm
plicitly on article II, of section s of the
constitution, in pursuance of which the
Legislature passed an act classifying con-
tests, and in one of the four they feel conf
dent they will find what they are seeking.
Relative to the claim that some of the
boxes would be needed to hold special cleo
tions in some wards OF Allegheny, Mr..
Bremen said there were plenty of boxes in
the Court House that could be borrowed for
the occason, and that there need be no ex-
pense entailed.