Morning journal and courier., 1892-04-21
NO VOTE TAKEN.

| Against Waldron-Accused of Palsi.
 flying the Records-Jodse Stoddard,s
 Masterly Argument-Counsel for the
 Defense open and Close the Argu.
 ments.
 The council chamber last evening con.
 tained by far the largest audience which
 has assem- led within its walls during the
 progress of the ''Big Four" trial. Last
 evening the arguments were made and con- cluded, Judge Stoddard and Attorne H. c. White arguing for the petitioners and State Attorney Doolittle and City Attor- ney Dailey and Attorney Hamilton for the | defense. The court will render its verdict next Monday evening st 8 o'clock. Imme- diately after the board was called to order the report of the committee on procedure was read and accepted. This report speci- fled that the opening and closing argu- ments should be made by the counsel for the petitioners and that each side should be limited to two hours each in presenting | its side of the case and if the attorney for the petitioners in opening should occupy more than an hour all excess of time should be deducted from the time of the attorney making the closing argument This re- port was unanimously adopted and the proceedings commenced.
 ATTORNEY WHITES ARGUMENT.
 In accordance with the report of the | committee on procedure Attorney Fl. c. White opened the case for the petitioners
 He said, substantially: "The accused commissioners in this case have made no square defense to the charges made against them by the board of common council They have, however, endeavored to show that they had the right to do as they have done, but the right which the charter gives them is the right to discharge employees for the benefit of the community, and for no other reason. It is the clear duty of all intrusted with power to exercise that power for the benefit of tho community. These commissioners, however, take a different theory, and as shown by statements made during the course of the trial by the senior counsel for the de- fense it is right to make removals by the party in power for political reasons This statement is utterly unworthy of MT. Doo- little, and it is perfectly clear that he made it in consequence of a desperate case. Against this theory we place the one that the inherent right of government is in the people. The commissioners in question have clearly abused and misused their power and turned these men out of office without giving them any hearing, and then they tell you that the charter gives them a right to discharge the employees at will Such power as this cannot exist in this country. It is only possible in some few countries in the world. It is not possible to obtain any such power-to abuse and misuse their power-even from the legislature. which confers on these men through the charter the power which they have. Such power, if it were possi. ble to have it, would mean the absolute destruction of all government, and at once strike death blow to every fundamental principle. This is not & question of whether these men have the power to dis charge their employees, but it is a question of their right to misuse and abuse their power. This court has the power to ap- point and also to remove commissioners for cause. In this you are acting for the people and they have come to you 2,S00 strong and ask for the removal of these men in 6 mon ster petition which has been brought be- fore you. This petition was signed by many persons who went out of their way to sign it. These signers were not mem bers of any special political party, but of all parties alike. The nature of this charge is not such that it raises an issue between the men discharged and the com missioners, but between the commissioners and the signers of the petition. It is not an impeachment trial nor does it charge the commissioners with having committed any crime. 1t is, however, as Jur- ist Dillon ably defines it, & mo- tion for removal. On the other hand it is a charge of misuse of power, that these men have used their power to advance their own personal and political plans. These men have confedersted and combined to remove three tried, able and efficient officials for their own personal and political ends. This Big Four com bine as near as We can ascertain was formed about the time Mir. Sullivan was elected. At the time the removals were made each of the three members of the Big Four took turns in making and sec- onding motions until all of the three off cials had been removed. Commissioner Maley was not called upon to take any action in seconding or making a motion, but simply to deliver the goods" and this he did very effectually. They turned these men out of office in the face of a rule which prohibits them from removing men excspt for cause and upon notice. As for Maley, he evidently went into the combine for the purpose of turn ing them out and it is without doubt fact that he agreed to do SO before he was elected. In this he was equally crim- inal with the others. This combine also violated the city charter by appointing Alderman Kelly to position which the charter expressly stipulates shall not be a1 hx- ,har .nf .,f ment."
 terms of the ability and faith!ulness of the three removed men, Hill, Waldron and Kent. and their work for the city, and the criminality of the commissioners in remov- ing them from office. An extract from an evening paper, being an interview with City Attorney Dailey. in which he scored Commissioners Todd and Atwster for ss- sisting in the removal of certain officials and the appointment of others, and in which he spoke of the excellent qualifca- tions of MT. Kent, was read amid much laughter.
 MT. White then referred to the testimony introduced by the defense, in which two witnesses directly contradicted each other in the matter of finding lateral crack in the Mechanic and Gamer streets sewer.
 "These men had formed ring" contin- ued MT. White, land it is the first ring in the history of the city. I do not believe that these men had any specific plan for securing plumber. but all rings commenced in the same way, and the only reason that they got no farther was because the senti. ment of the community was too strong for them. Why, Commissioner Sullivan told City Engineer Hill that if he recommended the appointment of an inspector who worked against him politically there would be war. The whole object of these men was to do away with all men in the de- pertinent who understood Il business and have everything their own way" Evidence from last years trial was then read showing that some of the commissioners shared with the contractors in their profits from carting, etc., and also sold material 10 the city, either directly or indirectly. The attorney then referred to the proposition of Commissioner Atwater, under the guise of the New Haven Pipe company, to furnish the vitrifed pipe to the city, and when asked if he did not know it was against the provisions of the charter replied that "others had done SO and it was all right for him to do so." He also read extracts from the suit of the Globe Sewer company against W. J. At water in the superior court, in which MT. Atwater testified that he owned all the stock of the New Haven Pipe company, | that he was the company and had been for | five years, and that the pipe, etc., was | bought for his own benefit, and that he | traued as the New Haven Pipe company or |