The record-union., 1893-11-21
CITY OFFICIALS-ELECT.
Their Certificates Refused by the
Board Of Trustees.
Discussion Over the Matter at Yester-
days Session-Not Yet Dis
posed Of.

The Trustees room was crowded with
oficers-elect and others yesterday. anx-
ious to hear what answer the Trustees
would make to the demand OF The
newly elected officers that their certiti-
Gates of election be issued to them.
J. Frank Brown, City Attorney
first addressed the board, recapitulating
the discussion at the last meeting on the
granting of certificates to the incoming
officers and the agreement entered into
that one certificate should be withheld
and writ OF mandamus issue to COM
pei the board to issue it, if that seemed to
be the correct proceeding.
That had, he said been inadvisedly
agreed to, on account of the statement of
r. 7. Devlin that if not taken, the pres
ent incumbents would take out writ of
Injunction and throw the matter into the
courts, delaying its settlement for many
months. The speaker had, at the time.
expressed his DOUBTS as to the advisable
ity of the step. He had since inYeSti-
gated the question and found that no
court of equity will issue writ TO pro-
hibit officers from performing a merely
ministerial function. The law shows that
the proper way for those that wish to con-
they saw fit. The best way for the board
to do is 10 issue the certificates, as IS It's
duty. He asked. in the name OF the sue
cessful candidates, that the board grant
each and every one of them his certificate
of election.
After Mr.. Brown had finished his re-
marks there was silence of several min
utes and the Mayor finally said: We'll,
gentlemen, what is the pleasure of the
board 2"
Trustee Conklin thought that no mo-
ton was required to put the matter IN
proper shape. 1t was clearly the duty OF
the board to grant the certificates, and all
they had to do was to grant them. lie
was perfectly willing TO test the new
charter and settle the question of its va
hdity.
Mayor Steinman thought motion was
necessary as an agreement had been made
and recorded on the minutes of the board
that the result should not be declared
and that 10 certificates should be issued.
The refusal of the certificates or the
granting OF them, Mr.. Brown SAID, would
not affect the situation, nor would such
a proceeding as Mr.. Devlin had suggested
settle anything permanently. The only
way to test the vFGdity of the charter was
by the quo warranto proceeding. A writ
of mandate would not do it. The func-
tions of the board are not judicial and it
has nothing to do with the question of
validity. Its functions are purely minis
terial and its duty is TO canvass the votes
and grant the certificates. 1t has no
choice.
The Mayor said that he was perfectly
willing that the city should bear the eX-
pense and that it should not fall on the
candidates, but he was anxious to have it
settled as soon as possible. 1t could be
taken to the Supreme Court while it sits
here. lie had the statement OF a good
lawyer that the court would decide it i'm
mediately. He asked Clinton l.. White if
he would not be willing to take the case
and get writ for the candidates.
Mr.. White did not think he would be
willing to take his chances of getting his
pay from the city under the circum-
stances. He, however, said he would do
SO if the Mayor would make himself per-
sonalIy responsible in case the city did
not pay.
Mir. Brown said he should positively
refuse to allow his name to be used in the
matter Of getting the writ and demanded
in the name of each one of the officers
elect that their. certificates be granted to
them.
The Mayor said that Mr.. Brown should
keep his agreement. Mr. Devlin was alb
sent and ought TO be consulted before the
board made any change in its action.
MIR. Brown stated that his agreement
was conditional. He had stated to Mr..
Devlin at the time that he did not believe
that q writ was the proper way to reach
the matter and asked him ii, in case he
found other means would be better, he
would employ them, and he had Dev-
Inns promise to that effect. Now he
wished to employ different procedure.
The Mayor said the agreement had been
made and he was willing to adhere to it.
Mr.. Brown should not attempt to craw-
fish now.
81 am not awfishing," said Mr..
Brown. Il made the agreement condi-
tional, and Mr.. Devin agreed to change
if another way was found. carry out
my agreements"
The Mayor disputed the statement, and
Mr.. Brown reiterated it, but as the in
coming officers found the board would
take no action they retired and the matter
went over for awhile.
In the afternoon w. II. Devlin addressed
the board on the question of the new offi-
GERS. He said if the board should grant
the certificates to them in the absence of
r. T. DeYlin it would be unfair to him, as
it had been agreed to refuse certificate
to Mr.. Brown. 1t was better to test the
case by writ of mandate, as had been
proposed. If the board attempted to
issue certificates and were enjoined it
would probably tie the whole matter up
for a couple of years.
well" said Mayor Steinman, ''the
whole matter will probably be settled be-
fore we meet again. 1t had best lie over,
and r. T. Deylin will be back by Thurs
day. There is plenty of time for these
men to get their certificates"
As the board concurred in laying it
over, it was SO disposed of.
ON THE RAMPAGE