The record-union., 1893-11-14
DON'T WANT TO TACATE.
Collector Putnam and Assessor Buck
ley Decline to Go.
Clerk CofTey Wishes to Stay Three
Years, But SteInman says
it Cannot Be.

At the meeting of the Board of Trus-
tees Yesterday the following communica-
ton was received from Clerk Coffey of
the Water Works:
AT the recent election held in this city
new set of city officers were chosen under
the provisions of the new charter, and as
there seems to be grave doubt in regard
to the constitutionality of said charter,
and unless something be done TO satisfy
me that it Is legal | shall refuse to Vacate
my Office / was elected for term OF
three years, and filed a bond and quail
fed for that time. This is not done
through soreness, but simply to protect
my bondsmen."
"Well," said Mayor Steinman. "Mr.
Coffey was simply elected by US to serve
during the pleasure of the board. l was
only declared elected for nine months,
and the understanding of the board al
the time was that we could appoint no
one to serve FOR a longer time than until
the new charter came in. Do you not re-
member it Mr.. ConkIin?"
THAT was certainly the understanding
of the board" said Mr.. Conklin, when
we talked it over"
''Mr. Coffey's communication is GER
tainly not in order" said the Mayor. Il
declare it out of order"
r. t. Devlin presented the following
communication from John j. Buckley,
the present Assessor:
81 hereby inform you that am advised
by my counsel that the so-called new
charter was never legally adopted, and
that the government of the city can only
be carried on under the old charter. If
the new charter should be declared to be
in force | do not know how the assess
ment roll can be equalized, and l do not
believe that if taxpayers object, the rev.
enues Of the city for the next year can be
collected.
~ hereby enter my formal protest
against your canvassing the votes cast at
the election held November, IS93 and is
suing certificates of election to those who
received the highest number of votes and
hereby notify you that should you pro-
ceed To canvass such vote legal proceed
ings VIII be commenced to enjoin you
from so doing.'
land here is also one from Mr.. Put
man," said Mr.. Devlin. The communica-
ton was as follows: Il have no objec-
tion against the new charter, but mas
much as there is doubt as to the validity,
! think that the matter should be sted,
if possible, before the lst of January, and
l would ask that in any proceedings
taken by the new government provision
be made for determining the validity of
the charter"
Mr.. Devlin stated to the board that he
and A. l.. Hart have been retained by
certain Of the present officials to test the
validity of the new charter. They did
not wish to embarrass any one, but it was
purely a question Of law and the sooner
it was brought to definite and final de-
termination the better. Any citizen
could attack it at any time by refusing to
pay his taxes.
1t would be much better to have it 90
n fnlx tn lrt
will ultimately have to go there. Let us
get a decision, If possible, before Janu-
ary 1st in order to avoid delay and COM
plications. The old and new sets of Off
GERS are both interested on account of
their positions; the people of the city are
interested on account of taxes and liabil-
tiles. He would suggest that the two sets
of officers meet and confer on the subject;
the votes could be canvassed and a plan
decided on. He and Mr.. Hart did not de-
sire to tie up the city or cause any trouble
or embarrassment. They only wished to
see the question definitely settled. 1t is a
question of law.
Trustee Conklin said the people adopted
the charter and want it. He thought that
it was the boards business to defend it,
and if these people want to attack it let
them do so. If they sue out an injunc-
ton now, it will throw the cost on them
and not on the city. The city should not
have to pay it.
The Mayor thought it would be best to
go ahead with the routine business OF the
board, and these gentlemen can come be-
fore the board at $3.50 this afternoon.
Mr.. Devlin thought the best way would
be to apply to the Supreme Court for
writ of mandate, which could be heard
Immediately, and would save time and
cost the city nothing. This, he said, is
simply question of law, and it made no
difference whether the people wished for
the charter or not. The law must de-
termine its validity, irrespective of any
body's wishes.
Trustee Conklin thought that this was
not the right way to go about the matter.
Let the objectors begin the contest and
the board defend it.
Mayor Steinman said he had doubts be-
fore the election as to the validity of the
charter, and expressed them publicly
He had procured the opinions of A. l..
Hart and Freeman IL Bates, who dis
agreed as to its validity. He was told st
the time that he had committed politi-
cal suicide, but the people did not seem to
think So as they elected him. Now is the
time, he thought, to test the matter. A
place must be found which affords larger
quarters for the board, there being now
nine members. The law requires the
votes to be canvassed to-day by the board,
and he thought it had better do it.
Mr.. Devlin said that his proposition
was tnat all the interested partleS should
meet and confer. The board could meet
and canvass all the votes except for one
man and he could sue out writ of man
date and carry the matter directly to the
Supreme Court. OF course he and Mr..
Hart could tie up the city for year, but
they had no disposition to do so. The
writ would be the quickest way to set
tie it.
Trustee Conklin thought the board
should place itself right before the people
and keep itself in position to defend the
charter. He had no objection to testing
it, but he wished the expense to fall on
those who wished to contest it.
Mr.. Devlin said that there were only
two ways to test 1.-THE injunction and
the mandamus. One of them will cer-
tainly tie up the matter till next April, at
least: the other will expedite matters. 1t
should be definitely and permanently
settled. If not, any citizen can begin
contest at any time.
Mr.. Conklin said he thought it would
be best to count the vote to-day and then
adjourn till 10 A. NJ. tomorrow.
On motion of the Mayor, it was agreed
TO canvass the vote of ali the wards eX-
cept one and notify the officers-elect and
the present officers to meet at $50 A. NJ.
to-day, to confer on the best way to pro-
ceed.