Evening journal., 1890-04-18
SUMMONED 70 COURT.
FiREMeN'S PETITION AND AFFl-
DAVIS AGAINST COUNCIL.

Alexander f. Cloud and Others File a
Petition Asking the Court to Issue
Mandamus Commanding the Council
Mto Continue Counting the Returns.
Sheriff Alvan Allen and Deputy Sheriff
Horace Allen appeared in the Council
chamber before City Council was called
to order last evening, in regular session,
and every one of the crowd of the fire.
men and their sympathizers present
knew that writ of mandamus had been
applied for to prevent Council from elect
ing engineers of the Fire Department.
There was an immense lcrowd present
and suppressed excitement was evident
among them. Mayor Harrington, in full
dress, anxious to attend the Alcott Clubs
Pinafore or a party, and City Solicitor
Turner sat beside President Farra. All
the members were present at roll call but
Mr.. Sharkey, who arrived later.
After the roll of members had been
called, President Farra stated that the
sheriff of New Castle county was in the
chamber with a writ to serve on the
president and members of Council. The
writ woald act as a personal summons
on each member of Council. The petition
| from the relators to the court was also
in the sheriff's hands. If there was no
objection the sheriff would read the
summons. There was no objection and
Sheriff Allen read the writ. which is
dated April II, 1890.
1t sets forth that the petition Of Alex
ander E. Cloud, Lewis Peeky and James
| M. Dickerson and accompanying aft
davits, filed on motion of Levi G. Bird
and William Salisbury, Esq, attorneys
for the petitioners, it is ordered by the
court that President Farra and each
member of Council appear before the
court at Georgetown, at 10 o'clock a. m,
on Tuesday, April %, and show cause
why writ of peremptory .mandamus
shall not issue against them according to
the prayer of the petition.
The summons further states that the
petitioners, having no other adequate
remedy in the premises, pray theIcourt
to issue writ of peremptory mandamus
commanding Council to continue the
examinations and counting of the returns
of the elections held by the fire com
psnies, including the Fame Hose and to
count said returns as one vote for the
persons by said returns shown to have
received majority of the votes of said
company. and give certificate of cleo
tion TO the persons shown to have re-
ceived majority of votes who are the
petitioners.
After Sheriff Allen had concluded
Deputy Sheriff Horace Allen read the
petition to the court on which the sum.
mons was issued. It was a long, tire
some document, in legal phraseology
reciting all the incidents of the Fire
Department fight and asking that rule
be issued to Council to show cause why
Cloud, Pseky and Dickerson be not
elected to the positions. These men
were the signers Of the petition, and
attached to it were affidavits sworn to
before Henry G. Crippen, notary public.
by the election officers, swearing that
the ballots taken from the box were in
number as returned and corresponded
precisely with the tally sheets as re-
turned. The Superior Court, upon hear
ing the petition, granted the rule and
made it returnable at Georgetown, where
the Superior Court Is now sitting, on
Tuesday morning next at 10 o'clock.
Council will be represented by counsel
aud will be ready to prove its position in
the matter
The regular business of Council was re
sumed after the deputy sheriff had con-
cluded and the clerk read the minutes Of
the last meeting
The Police Committee reported that ii
had purchased horse from Pierce Gould
for $3.50. The action was approved.
Mr.. Shea offered the following from
City Auditor John NJ Newell: II hereby
transmit to you the check No. 90, 254.
dated April 10. 1890, and drawn in favor
Of John Backus, without any signature,
as l am instructed by the city solicitor
that such check. is drawn without war
rant or sanction of law, inasmuch as it
provides for the drawing of money out
of the city treasury illegally and against
Section 50 of the City Charter"
Mr.. Shea moved that the objection of
the city solicitor be sustained, but it was
lost by the following vote: Ayes
Messrs; Baugh, Chambers, Coley, John
son, Mccall, McKenney, Ryan, Sharkey,
Shea, Farra-10- Nays-Messrs. Ayars,
Beale, Cotton. Curran, Davis, Dillin,
Forrest, Hawkins Lawson, Magee,
Perkins, Roberts. Sawdon, Vandegrift,
White-15.
The city treasurer reported a balance
in bank to the credit of current expenses
OF S73 224. 9S; park fund. 50, AGA O4; re-
ceived of Martha ]. Mesley, $775 +. f.
Kane, g.
The Printing and Engrossing Com,
mite was instructed to have the city or
dinances printed in book form. The re-
cent sale of city lots was approved and
Mayor Harrington will sign the deeds.
Mr.. Dillin gave notice Of an ordinance to
amend an ordinance for the reorganiza-
tion of the Fire Department.
A motion Of Mr.. Currsy amended by
Mr.. MeKenney, that the city solicitor be
authorized to procure one or more as
sistant counsel in the mandamus case,
was carried by the following vote
{ Ayes-Messrs. Ayars, Baugh, Cotton,
Curran, Dillin Davis, Forrest, Magee,
McKennsy, Perkins Roberts. Ryan,
Sawdon, Sharkey, VaLdegrift, White,
Farra-17. Nays-Beale, Chambers,
Coley, Hawkins, johnson, Lawson, Nc
Call, Shea-S.
Mr.. Davis offered a resolution instruct
| ing the building inspector to have the
, houses beyond Third street bridge num-
bered, according TO law, and the resolu-
tion was adopted.
Council adjourned until next Wednes.
day evening. Bills were passed as fol-
lows: NJ. McEveley, $l5.O5; Frist 8
Davis, $3.50
Hurrah for H. & F.'s Book Beer. Best
IN the city.
The Ffrst Rock Raer of the Season.