The record-union., 1893-11-15
WRIT OF MANDATE.
The Newly Elected Officers VIII Defend
the Charter.
Freeman & Bates Have Been Employed
by Them as Counsel to Meet
It's Assailants.

The early morning session of the Board
of City Trustees found the successful
candidates at the late election on hand
and ready for the fray.
r. Z. Devlin stated to them that several
of the outgoing officers did not believe
that the new charter was valid, and wish
to have its validity tested. The matter
must come up in some form or other,
sooner or later, and had better be settled
now 1t can be done III various ways
and by any citizen who chooses. He
suggested that the board canvass the vote
of all but one candidate and refuse him q
certificate He could then take the mat
ter right to the Supreme Court on a
mandamus and make the city party to
the action.
He thought that in two weeks the mat
ter can be got before the court and have
it definitely settled before the lst of
January. If an Injunction is got out by
the old officers, it viii be six months be-
fore a decision will be had. Ii quo
warranto proceedings are taken, it will
be two years. The first plan, he thought,
was the only feasible one, and the officers
elect could agree among themselves con-
corning it.
Mayor Steinman recited the action
taken by the board the day before in cam
vassing all the votes except those in the
Ninth Ward, and in asking the new OF
hcers to lneet them to-day.
l.. Tozer did not know what was the
legal aspect of the case, not being a
lawyer, but he thought the best way was
to 60 right ahead, canvass the votes and
grant the certificates, and let those who
wished to contest do so.
Mr.. Devlin said the question was one
of abstract law. The charter is either
good or invalid. Counsel employed by
the Mayor have said it was invalid. Fhe
board had better abide by that opinion
and refuse to canvass the votes, and then
let all who were elected endeavor TO get
their positions. The charter must and
will be tested sooner or later. His only
object WAS to get them together and pur
sue the best course. lie wished to be fair
and just and not to embarrass anyone.
W. d. Lawton thought they had moth
ing TO do with the matter. The people
have adopted the charter most decidedly
and the Legislature has recognized it.
Officers have been elected under it, and If
any one wishes TO contest it let them do
SO. Let the present Trustees employ
counsel, If necessary, and defend the
charter and the people.
City Attorney-elect Brown thought
that Mr.. Lawton was correct The TruS-
tCOo oAOhA4 AO4OAlQ VIC CAisti l6I 1L6S
should select attorneys TO defend the city
and they could consult with Messrs. Dew
lin and Hart. He thought there were
other ways OF reaching the matter, how
ever, than those stated by MIR Devlin.
His opinion was that a writ of prohibi-
tion could be secured from the Supreme
Court by those who wished TO contest the
charter.
j. q. Davis was in favor of Investigate
ing the validity of the charter and settling
the question, but thought it was the busi-
ness of tile city to defend it. The people
had elected the incoming officers under
the new charter, but he did not think it
was Just that they should be called on to
defend the charter; that was the duty of
the Trustees as representatives OF the
city.
Mr.. Lawton said that if the charter was
valid, the candidates who had been elected
should have their offices. 1t was the in
terest of the whole people that was at
tackled and the Trustees should defend it.
j. y. Porter remarked that, as he in
ternreted it, the board should employ
counsel to confer with Devlin and Hart
and hurry up the matter as much as Dos
Slble. Ii ii was necessary for the officers
elect to light Tor their positions, let us go
ahead and do ii, but the Trustees should
grant the certificates to them.
j. Frank Brown was willing to be the
Trustees should employ counsel and not
force the candidates TO foot the bills.
The Mayor said that large sums had
been expended in settling the old char
ter, but by writ of mandate this one
could be settled for $500 or less. The
Trustees, who get $3.50 a year, and the
School Directors, who get nothing, should
not be called on to share the ex pense, but
the officers getting good salaries should
do it. He was willing to pay his share
The charter will be tested, and ii the
present officials served an injunction the
old officials will hold office till it is set
tied. He and Mr.. Green were of the
opinion that the charter was not valid,
but they did not wish to put the city to
expense.
Trustee Conklin was of the opinion that
the board should make no exception in
the case of one, but if they refused one,
should refuse all. There should be no
compromise and the city should defend
the charter. "W hat reason" said he
will you give on the minutes of the
board for refusing to grant certificates
There must be some reason for it.'
"Oh,' said Devlin, '.the simple state
ment of the fact is enough, or you can say
you doubt the validity of the charter"
Mr. Conklin persisted, saying that he
thought the board had nothing to do but
TO canvass the vote and grant the certif-
Gates, unless it was stopped by the order
OF some court. Then let the matter be
brought into court.
Shortly afterward, the otficers-elec
having retired for a conference, they re-
entered the room and Mr.. Porter stated
that they had agreed to authorize Mr.
Brown, the City Attorney-elect to en-
charter in their behalf.