The record-union., 1893-12-05
ELECTION CERTIFICATES REFUSED.
Result of a Formal Demand on the
City Trustees.
Trustee Conllln Goes on Record as
Against the Action TAKEN
by the Board.

The matter of granting certificates to
the of1icers-elect under the new charter
came up before the Board of City Trus-
tees yesterday, the parties appearing be-
fore the board and asking that they be
granted.
l.. Tozer said that at former meeting
the board had thought it uuwise to de-
clare the result of the election. The Off
cers-elect did not agree with them, and
thought that they had not acted properly.
He asked that the board now declare the
vote and grant the certificates.
Mayor Steinman said that the candi-
dates agreed to course of action, and the
board had concurred in it. He proposed
to stand by what had been agreed, and let
them mandamus the board
j. Frank Brown, City Attorney-elect,
said that the candidates did not agree un-
qualitiedly to mandamus, but had agreed
TO investigate the matter aud Go so II
found best.
The Mayor denied this, and Mr.. Brown
insisted on it, and they became quite
warm in the argument.
Mr.. Brown then proceeded with his
statement. 1t was the understanding, he
claimed, to investigate further. and he
stated at the time that he did not think
mandamus the way 10 proceed and so
told X. L. Devliu, who represented the
contestants. and that he reserved the
right at that time to see if there was not a
better way, and Devlin agreed to investi-
gale. He met Mr.. Devlin on the street
and Devlin agreed with him that a writ
of injunction could not issue to restrain
the Trustees. He demanded now in the
name OF all the otficers-elect that the
board issue to them their certificates.
He wished it distinctly understood that
he would refuse to be party to making
the test OF the charter in this way.
X. L. Devlin said that A. l.. Hart had
been employed by the board and the out
going officers and he had been employed
to assist him. He came down on the
morning in question and stated that ne
deemed it advisable to have the matter
settled as soon as possible, and he thought
the quickest and best way was to man
damus.
MIR. Brown asked him concerning a
writ OF prohibition, and he did not think
it would accomplish the purpose. 1t was
his impression that the Of1icers-elect were
afraid that the charter would be declared
invalid and then they could not take
their seats and draw their salaries. He
would feel so himself ii in their places.
He thought they did not want TO run any
chances Of not being able to draw their
years salaries. If good faith they want
to know if the charter is good. let them
mandamus. II the board believes Cen
eral Harris opinion is correct, they had
better abide by it.
Trustee-elect J. III. Devine asked if the
Trustees had power to act as a Supreme
Court and decide on the validity of the
charter.
/ Mr.. Devlin answered that they had the
right TO decide any question before them.
They had a right to declare the vote il
they were satisfied there were any such
officers. The old charter stands till the
new one comes in.
Trustee-elect J. II. Devine said if the
board had any doubt of the validity ofthe
new charter they should have tested the
matter before ordering a costly election,
and not have waited until this late day.
Mr.. Devlin, in answer to question by
Mr.. Pennish, stated that he did not think
the maudamus would fully settle the
question Of validity-it would settle the
question of the officers and their posi-
tons. He should advise the old officers,
in case of mandamus, If a decision were
not reached before January lst, to vacate
their offices.
Trustee COnklin said he was placed in a
peculiar position. He felt that this mat
ter had been put off too long now and
that the certificates ought to have been
granted at the first meeting He did not
want to take any chances. He had al
ways stood right and wanted to protect
himself upon the record. He moved
therefore that the vote for the city officers
elect be declared and the certificates be
granted.
Silence reigned for a minute, there be-
inp no second tO Mr. CODklin,S OrtiOn
and then he asked that his action be
placed upon the minutes. The Mayor
said that his motion would appear upon
the minutes, but nothing more.
Trustee-elect Leonard said that was all
they wanted. They knew now where
the members of the board stood.
J. Frank Brown said if there was any
doubt remaining as to the agreement, he
wished it distinctly understood that the
candidates withdraw from it.
The oficers-elect then withdrew from
the room