The record-union., 1893-12-20
THEIR IE7EI7IoYS WERE GOOD.
Mayor Steinnian and Trustee Green
Exonerated.
But the Court Says 1t Was Their Duty
to Have Canvassed the EIec-
ton Returns.

Judge Catlin's courtroom was filed
with citizens yesterday who had gathered
to listen to the proceedings in which c. Il.
Adams had charged Mayor Steinman and
City Trustee Green with willful and ma
licious misconduct in Office in refusing
or neglecting to canvass the returns OF
the city election held in November last,
and issue certificates to the successful
candidates.
Clinton L. White appeared as counsel
for Adams, the defendants being repre-
scented by A. L. Hart, r. 7. Devlin and
City Attorney Post.
Before proceeding to the introduction
of evidence, Mr.. Deylin was given per-
mission to make a statement to the court.
The failure by the Trustees to canvass
the returns and declare the result would,
ne said, be admitted, but the action
could be readily explained. He went on
and made a statement covering all the
proceedings in the case, and of an alleged
agreement between the Trustees and the
successful candidates to test the disputed
point as to the validity of the charter by
Withholding the certificate of j. f..
Brown, one of the otficers-elect, he to
institute mandamuS proceedings that
would enable the whole matter to be dis
posed of before the 1st of January. At
Trustee Conklin's suggestion, how
ever, the board decided to withhold all
the certificates, instead Of one.
But the otficers-elect changed their
minds, said Mr.. Devlin. and now that
they had refused to bring test case, and
it being too late to have the questions in
issue decided at an early day, the Trus-
tees were willing to issue the certificates
at their next meeting. lie concluded by
remarking that if the newly-elected ot1i-
GERS wanted TO push the case on the
ground that the Trustees had acted GRIM
inally. they might go ahead.
Mr.. White, III reply, denied that the
proceeding had been instituted by the
officers elect. 1t was brought by pri-
vate citizen, G. h. Adams, under Section
az of the Penal Code, and its purpose
was to punish the defendants by removal
from office for not doing their duty.
Unless the plaintiff desired to have the
defendants fined, said Judge Catlin, he
could not see what was to be gained in
going on with the case, now that the de-
1endants had signitied their willingness
to issue the certificates.
But Mr.. White had on his war-bonnet
and was not to be so readily appeased.
'My Client" he said, has not that faith
in the promise of the Board of Trustees
which will lead him to believe they in
tend to do their duty. My client still goes
further and wants these men removed
from office and others put in their places
who will obey the law"
Judge Catlin said that unless Mr.. White
could show that the act OF the Trustees
was done willfully and corruptly the
present proceedings must fail.
That's what intend to do" declared
the attorney.
Judge Catlin said it would have to be
shown that the defendants had acted in
bad faith before he would impose any
penalty upon them. 1t would not be desir-
able to leave the city without Mayor, and
for that reason the plaintiff should accept
the terms Of compromise offered.
But Mr.. Adams attorney was there for
business, and he insisted on proceeding
with the case. City Clerk Young was
called to the stand to read the minutes of
the sessions of the Trustees referring to
the matter at issue.
Trustee Conkin was called and testified
that Collector Putnam and Assessor
Buckley had entered protests against the
canVassing of the returns and the issu-
ance Of certificates, on the ground that
the charter was invalid. He then related
what had occurred at meetings of the
board, including an agreement on the
part of the otficers-elect to have a test
case.
Mr.. White-Why was not the vote can
vassed at the proper time and the result
declared?
Conklin replied that it was the result of
a mutual understanding.
In reply to questions he said he was
ready and willing at all times to proceed
with the canvass of the votes, and had
called up the subject in the board. He
had done this on more than one occasion.
He was asked what responses were
made by the other Trustees, and Mr..
Conklin said he believed Trustee Green
remarked that he was not ready. Mr..
Conklin further said he believed the
matter was brought up at every session
of the board.
On cross-examination Mr.. Conklin said
that on the day on which the votes were
to have been canvassed he consented to
continuance until the following day, and
that on the latter occasion something was
done by the officers elect looking to some
sort Of test case. He (Conklin) objected
to the proposition to issue certificates to
all but one, as he believed they should
all have been issued or all refused. At
no time was he in favor of any case to test
the validity of the charter.
Mr.. Devlin tried to get Mr.. Conklin to
admit that 1t was understood that an at.
tempt was made to have the attorneys
agree upon case and endeavor to obtain
q settlement before the 1st of January.
Mr.. Conklin denied that there was any
such understanding, SO far as the Trus-
tees were concerned. Personally, he was
under the impression that the parties in
terested understood that there was TO be
something of the kind.
J. Frank Brown, City Attorney-elect
was next called to the stand. He said he
appeared before the Trustees on Novem-
Der 18th, by request. to consider some
proposition to have the validity of the
charter tested. Mr.. Brown then related
what occurred at that session of the board,
and which was reported in full at the
time. At a consultation between the
officers-elect shortly afterward the Mayor
informed them that if they would con-
sent to an action to test the charter it
would not cost them anything, as he
would see that the expenses for counsel
fees were met by the city.
Mr.. Brown said he never understood
that the officers-elect had given their con-
sent to the proposed action-tbey did not
so agree while he was present at the con-
sultauon.
Mr.. Brown, in response to further in
quiries, related briefly what had occurred
at subsequent meetings of the Trustees