Morning journal and courier., 1892-03-16

ACTION IS POSTPONED. The Trial of she s.BI9 Four'' Post- pened Until Next Tuesday-The Ouestion as to Whether the Mayor Should Preside-A Large Number of unterested Spectators Present-The Meeting in Detail.
 The rooms of the board of councilmen presented last evening the appearance of geritable court of justice with its atten- aant witness box, the large number of legal lights and of spectators present, while Mayor Sargent still further carried out the | in his capacity of judge. The occasion for the grand transformation scene was the trial of the Big Four" of the board of public works on charges pre- ferred against them by Councilmen Par sons and Calm. The chamber was filled almost to ovsrAowing with spectators in- terested in the proceedings. On ono side of the room were seated but two of the accused members of the Big Four"- Commissioners Todd and Maley, Commfs- sioner Atwater being still in Florida and Commissioner Sullivan in Hartford. Seated immediately in the rear of the commits sioners were City Attorney Daley and Rep- resentative David Callahan.
 The interests of the citizens committee were taken care of by ex-Judge Stoddard and Attorney H. c. White, while States Attorney Doolittle looked after the inter ests of the accused. The result of the meeting last evening was simply to post pone action on the charges until next Tuesday evening, when the mode of pro- and the board of aldermen will probably resolve itself into court on the trial of the charges to be proceeded with.
 The meeting was called to order by the mayor and immediately the question arose as to his right to preside at the meeting. The following Interesting dialogue took place in reference to the question between Judge Stoddard, Attorney Doolittle and several members of the board of aldermen: charges against some members of the board of public works. I understand that the board will soon resolve itself into & court. The first business is to arrange for 8 certain trial in whatever form they please. Doolittle-The members of the court alone will try these charges which have been presented to the court for tdem to determine. Therefore I do not see how any one except 8 member of the court can preside over this trial. This must be l tried by court, not by board of alder men.
 Stoddard-Gentlemen of the board of aldermen: appear with Brother White | to present to the board of aldermen the ! application for the removal of certain l members of the board of public works, l which has been made and is now pending before this board. Brother Doolittle has said that he regarded the board of alder men as a court. As I understand him, he | intimates that the mayor is not the proper officer to preside in deciding the case. | My view, as I look at it with some care, differs from Brother Doolittle. As I un. derstand the law it is plain that the
 mayor is the proper presiding officer. The
 disposition of these charges is to be msde l by the board of aldermen as board
 is the phraseology of the charter-and no
 by the members of the board of aldermen.
 Moreover, my friend also suggests that thil l is @ court. In a certain sense it is 8 cour
 and in another sense it is not court. Il is what is called an administrative tribuna | to determine whether certain servants O
 the city have deported themselves i, 8 proper manner. It is no
 bound by the rules of common lav
 evidence. I should not for moment dis cuss the question tonight were it not fo l the fact that the statement might go un
 challenged. It does not seem to me at thi
 time necessary to discuss this question
 However. l understand, as have said, tn gentlemen represented intend to ask flo the fixing of some future time at which t,
 hear these charges. think there is onl,
 one question to be disposed of-that is tn,
 time for the hearing to take place. therefore suggest to the other side tha Brother Doolittle make a motion for thu time to be fixed and that at this proceedinl the mayor has the right to preside. Ther
 pending tQat date for the hearing, as ther 3 seems to be @ technical difference betwee, l counsel in regard to the right of his homo
 l to preside, he can take independent coun sel and learn if he has that right.
 Alderman Kelly-It seems to me ther has been considerable time taken up fo 8 the discussion of matters which do nc T, pertain to the case. The board of alder men is here for specific purpose, to hea charges, if any are to be made, againf
 members of the board of public works. t Doolittle-We are ready to go on an |, try these charges a week from now. ? ? they attempt to offer proof of othe charges against these individuals, we war ], l to have time to prepare to meet them. W
 want to know what they are so as to mee them. do not know whether there al
 to be any other charges made CT not, bu - if there are, we want them presented witt :. in a short time-twenty-f four or forty v eight hours, at least. We want to kno what we are to defend against. In ever | military court specific charges are mad ] and no other, and we ought to have suff g cient time in which to meet them. Tn a 1 charges hese are very general, but if the, ? Is anything except that we hay discharged certain::employes of the city v
 want to know it without delay. Tell | , what we have done that is wrong. Spec f fy the act and we will answer.
 Stoddard-It is understood that m friend Doolittle asks for an adjournmel T until next Tuesday night, and want
 definite time fixed When l first addresse f the board I stated that it had been SUI >. gested to me that the other side woul B move for an adjournment
 g Doolittle-If you understood that @ would make such motion certainly vii
 Stoddard-I say would like the case
 go on tomorrow night. I only want y accommodate the other side and if u g counsel for the other si2e will make u l. motion for adjournment we will not O n ject. If no motion is made to adj journ u
 til Tuesday will ask for shorter tim
 The defense asks for time on the grour IT that one of the persons accused is in Flo B. ida. I want an adjournment until to mo " row night. We are ready to go aheat Our witnesses would have been here t Z. night were it not for the information co
 veyed to us that an adjournment would l n had.
 l. Alderman Hiller-I suppose this trial unprecedented, as it is the first time in tl s history of our city that commissioner y have been on trial. I have listened wi
 much pleasure to the eloquence of u
 distinguished counsel on both sides. $ believe it is for the board of aldermen 'f settle the case whether we will hear 1t as % board or as committee. It is proper ft .- the board to decide what form the bot
 shall take, either as board or as 8 con 10 mittee. The mayor is the proper one
 preside at any deliberation of this natu 1t and only aldermen have, according to o1 s rules, the right to speak upon the fo and do not see how we can permit the 'o gentlemen, however learned, to have tn 'f privilege except some alderman make ,e motion to that effect.
 r. Mayor Sargent then asked whether son ~ one of the counsel would not make T, motion for adjournment
 Stoddard-I understood Brother Dool 10 tie was to make the motion.
 a Doolittle-I told Brother Stoddard if '0 | understOod was to make such a motion