Daily Republican., 1890-04-23

The Superior Court, which is now in
session at 0sorgetowp, was crowded yes.
t.rday and the greatest interest shown IN
the argument ON the motion for q writ
OF mandamus 10 compel City Council 10
declare Cloud, Peeky and Dickerson
elected engineer aud assistant engineers
Of the Fire Department Of this city.
Council va represented BY City
Solicitor Turner, Judge Bail and George
h. Bates. Esq., while Levi G. Bird, Esq..
and Willard saulsbury, E.q.. appeared
ior the petitioners, and l.. O. vande-
GRIT, Esq., for the Robinson party.
The Chef Justics announced that a.
there were several Jury trials to be dis
posed Of, and the Court would have TO ad.
)ourn on Saturday, theSe would be but
one day devoted to hearing the argument
on both sides.
Mr.. Bird said that his aide would only
nsk for one hour each, and the defend
ants said they would be satisfied with
one hour aud half
Judge Ball opened for City Council
and moved for discharge OF the rule on
the grounds Of want OF Jurisdiction In
the Superior Court Of this county. He
cited the ordinance regulating the cleo.
tion OF chief engineer aud assistants, and
defining their duties, and argued that NO
Naby WnhNh sdo SutCA oukAuook VI 8oBlute
ants could do 10 Sussex County devolved
upon them. He quoted the opinion Of
Chancellor 6sulsbury dismissing the
rule IN the wel-known Finth ward case
OF knight vs. Ferris on the grounds that
the duties deyolving upon the officers
were purely 10 al.
City Solicitor Turner followed and
contended that az the officers OF the Fire
Department are public officials and paid
by the city, the ordinance passed by
Council allowing them 70 oe elected BY
tile firemen is illeial.
After long argument on Mr.. Turner's
point the court decided not to consider
the question raised CT " allow the mo
tion to dismlss tue rue ior want Of
Jurisdiction but to proceed and hear the
case on the motion Tor ? rule to show
cause why the writ oi mandamus com.
peliing Council TO accept tho retura OF
tho Fame Hose Company should not an
swsr.
Hon. George H. Bates then read the
answer OF the defendants, which sets
forth the receipt by Council OF the Ger
t!hcates of the nrcineu's election and OF
the Robinson protsst; the reference Of
certificates and protect to the proper
committees with Instructions TO secure
the city solicitors opinion and report to
All adjourned meeting; the throwing out
OF the return OF the Fame Hose company
at said adjourned meeting, aud the sub.
sequent investigation and taking Of tes
timoIy.
During tho examination of the returns
It was discovered that the seal OF the
Fame Hose company, attached to the
certificate made by the vificer5 holding
the election was not attested by any oil.
Ger oil the Fame Hose company, and sc
far ss any iacts were submit ed TO Couu.
Gil, the nllixing of said seal to said certi-
fca,e hsd never been duly authorized By
said company, or any officer thereof. tn,
deiondnts deny that any request OF tn,
president judges or tellers OF the FAINT
Hos company Tor q hearing wa refused
but on the contrary they were all mott
lied TO be present At the tcaring, and
because they were Dot permitted
to control the order of tho investi
cation, they Withdrew from tn
Council chamber In sboisterJus aud
: disordrrly manner, md tho mayor Of the
city being present found; 1t necessary I.
; ib,erf ose In order TO tacserye oraer an,
permit Council to proceed W tn the IN
vosligatlun. The conclusion of the in
yestigaJ!on and tho announcement OF q
tie vote and conss quentiy no election ar,
next reciscd. In cOnclu.ion, the deIend
ANITA deny all matters In Lle petition n0l
herein expressly answered; set forth thai
they are advised tout upon the facts sci
forth 10 tho petition no case Is made tc
. Justify the interposition oil a nisndsnns
aud ''pray that said rule lie discharge
aud tnat they be hence dismissed with
their reasonable costs IN this behalf most
/ wrongruiiy sustained"
, MIR. Bates argued tnat Council had the
rght to Investigate the election and ex.
anime the returns, and II fraud wal
shown reject Them.
. Mr.. $ salisbury contended that writ
OF mandamus was the only proper
remedy in ,h.s case, and hsld that Coun
ell was Obliged by Law To count tn
returns aud accept them "a they ram'
iron. the companies WITHOUT questioning
their validity.
Mr.. Turner. In reply, held that the
power given to Council by the law to ex
anime the returns, gave the right to in
vestigate any charges that might be made
. against their legality.
Tho Argument was closed by Mr.. Bird,
who spoks in forcib!e manner in iav0i
OF granting the maudaDus.