The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-06-13
OELLERS OUT OF OFFICE.
THE SUPREME COURT STANDS BY
THE GOVERNOR.

His Right to Mans the Treasurer of
Philadelphia Affirmed, and His Ap-
pointee VIII Fill the Position-A
Further Discrepancy of $495,Ooo
Discovered in ex-Treasursr Bards-
ley's Accounts.
PHILADELPHIA, Pa, June 12-The
mpreme court this morning decided that
the city councils did not have the right to
select successor to City Treasurer Bardsley.
Richard G. Oellers is thus ousted from office
and the appointment of w. Redwood
Wright by Gov. Pattison is sustained.
4nN TWO APPOINTMENTS.
Gov. Pattison appointed William Red
wood Wright to the Office, and the city
councils in joint convention elected Mr.
Oelers. BY an agreement between Attor-
new General Henzel on behalf Of the COM
for the city of Philadelphia, the court OF
common pleas of this city de-
hvered a pro forma decree affirming
Mr.. Oellers' right to the Office. Imme-
diately after the decree Of the lower court
affirming his right to the Office was entered.
Mr.. Oellers took the oath and assumed
charge of the office. The commonwealth
appealed the case to the supreme court and
argument was heard by that tribunal at
convened here this morning the seven JUS
tces were all present. The last decision
read was that in the Oellers case.
TEXT OF THE DECREE.
The decree as read by Justice Paxson
was Judgment is reversed and judgment
ia now entered for the commonwealth on the
demurrer. It is further considered and ad-
Judged by the court that the defendant,
Richard g. Oellers, be and he hereby IL
ousted from the Office Of county treas.
urer, designated as city treasurer of
Philadelphia, and from the fees and emolu-
ments thereof
The decree was signed by Chief Justice
Paxson and Associate Justices McCallum,
Clark and Sterritt. Associate Justices
Mitchell, Williams and Green dissented.
With the decree was handed down a lengthy
opinion of Chief Justice Paxson and q dis.
senting opinion by Justices Mitchell and
Williams.
BASIS OF THE OPINION.
The basis of the chief Justices opinion
was that the supreme court had already de-
cided a similar case when they decreed the
governors right to I'LL the Office OF city con-
troller by appointment in an emergency Of
the incumbent resigning or dying. In COM
Paxson says: "If this were new ques-
ton or one involving q new principle we
might feel 1t necessary to discuss it at some
length. AS, however, it is a mere thresh-
ing Of old straw an elaboration is not
requisite. Every question now presented
was raised and decided in Taggart VS.. the
commonwealth. 1t is true that the con-
teation was over the Office Of controller.
but makes no essential difference, as the
same law applies to each"
BARDsLEY's RAsCALITY.
The deeper the expert accountants probe
into the affairs of ex-City Treasurer Bards-
ley the more apparent the rascalities Of the
man become, and the enormous sums which
be made away with are daily added to. Yes
terday the accountants reported to Mayor
Stuart that they had discovered grave dis.
c'epancies in Bardsley's accounts with the
state. To-day they presented May r
Stuart with statement showing that $485,-
42S received from the state school fund for
the benefit Of the city schools for the years
1880 and 1891 has not been paid into the
city treasury OF this sum 1920, 600 was
received in 1891, the remainder is a balance
from last year. 1t is surmised that Bards-
ley used part Of the $4S5, 900 to take up
the bad checks of the Keystone Bank for
the $500, 900 that he was carrying as cash.
THE MISSING FUNDS.
Attorney General Henzel to-day had a
long interview with City Solicitor War
wick in regard to the missing state funds.
Attorney General Hensal declared that
after deliberation he had decided to aban-
don the commemorative claim against
Bardsley and look to the city and county Of
Philadelphia for all the money due to the
state treasurer. The amount representing
the taxes for 1890 is about million dollars,
without reference to 1891. The attorney
general will begin proceedings against
the city unless some salts
factory arrangement is speedily made.
1t was because Attorney General Henzel
had made up his mind TO take this course
that he declined to join the city in the
equity suit against the assignment Of the
Bradford Mills to the Dobsons