The record-union., 1893-11-18
HAVE MATURED THEIR PLAN.
The 0fficers-EIect Meet and Decide
What to Do.
They WIN Go in Body Monday Morn
ing and Demand of the Trustees
Their Certificates.

The officers-elect of the city held
of City Attorney elect j. Frank Brown
to consider the matter of securing their
seats.
1t was understood when the meeting of
the Board of Trustees closed last Monday
that Mr.. Brown was to be refused certi-
ficate of election and ask the Supreme
Court for a writ of mandate to compel the
Trustees to give it to him. He was not at
the time, however, fully satisfied that
this was the proper course to pursue, and
announced his intention of investigating
the matter more closely.
He has done so, and others of the vic
tors in the late election have also had
conferences with prominent attorneys,
which resulted yesterday in change of
programme. and which, instead of pIac-
ing the city i'll the position of attacking
its own charter, will SHIFT that burden on
those who wish TO contest it.
Yesterday afternoon Messrs. Lawton,
Tozer, Davis, Bragg, Pennish, Wachhorst,
Kent, Devine, Mckee, Porter, Brown
and Crouch were present and agreed on
a course OF action.
L
tee, was the first speaker. and thought
that the proper way for the otficers-elect
would be TO go to the Board Of Trustees
Monday morning in body and demand
their certificates. If the Trustees refused
TO DO so there remains nothing else to do.
Let the people who have elected the new
officers, and who previously adopted the
new charter, then take up the fight and see
that they are seated. He could not see
why he should have to test the charter
which the Legislature has authorized,
when it was matter in which every Cit
iZen is equally Interested. II makes very
little difference TO the city, he thoguht,
which set Of men governed it, in COM
parison with the question OF whether the
charter is valid or not. If people cannot
have what they want, let them know it.
Mr.. Porter said he had the opinion of a
weIl-known attorney that they were en-
titled to their certificates, and should
make a demand for them. Ii refused,
they should let the matter rest and throw
the burden of refusal on the Trustees.
J.. q. Davis agreed with the speaker,
and thought the demand should be made.
b. Ii. Mckee said it was of far more
importance to the city to know if the
charter was valid than who had the
offices.
L. Tozer thought the city should defend
the charter.
Brown said the provision of the law
was that only in case of immediate or
pending injury could an injunction issue.
There would be no injury to the present
incumbents, and therefore no injunction
can issue. The presumption is that the
charter is good, and in the absence of a
decision to the contrary it is the Trus-
tees duty to issue the certificates. The
new officers should go in a body on
Monday morning and demand the certiti-
Gates. He read letter from Freeman Il
Bates stating that they were confident
the charter would be sustained They
would take the case.
The Trustees powers, he said, were
ministerial, not judicial, and they have
no right to decide OH the charter. Ii on
January lst the present incumbents re-
fuse TO resign, on complaint to the Attor
ney-General he will commence action.
The usurpers are liable to damages, and
in case of judgment against them are liza
BILE to a tine of not more than 5000,
which they or their bondsmen must pay.
On motion of Mr.. Tozer, they decided
to go in body on Monday at 10 A. NJ, all
the officers-elect to be present, and Mr..
Brown to demand in the name of each
and all that the board issue their certifi-
Gates Of election to them.