Evening journal., 1893-07-12
CAN COUNCIL TRY ABELE
Strong Argument For and
Against the Inspector.
JITY SOLICITOR ACCUSES HIM

or Violating the Rules Governing the
onice of Meat Inspector and Subject
ing Himself to mpeachment-The
Chancellor Propounds Questions to City
Solicitor Elliott.
Argument In the case of Meat Inspec.
tor George Abele VS., the Mayor aud
City Council began before Chancellor
Wolcott In the Levy Court room at
10 80 o'clock this morning. The meat
inspector, who was present. was rep
resented by ex Attorney General John
Biggs and ex City Solicitor William
I. Lyman. City Solicitor George
Elliott appeared for the
city to show cause why the
order restraining City Council from
investigating the charges against the
meat inspector should not be made an
Injunction.
He opened the matter by reading the
restraining order In his argument he
excepted TO the jurisdiction OF the chan.
cellor. He said It would be
going beyond the power Of
the court to interfere between
City Council and the meat inspector
against charges of improperly conduc
lug the affairs of bis Office
He cited many authorities to sustain
his exception.
Mr.. AbeIe Accused.
he chancellor asked Mr.. Elliott to
name the charges.
Mr. Elliott said that the charges pre-
ferred TO Council by the committee were
those OF engaging in other business and
buying and selling meats while acting as
meat Inspector Such actions were in
direct opposition to the provisions Of
the law dreating the Office. He did not
consider this a proper case for the Court
OF Chancery TO exercise the strong right
arm Of injunction
Against the strong right arm Of City
Council" suggested the chancellor.
smiling.
If City Council does wrong the meat
inspector has ample remedy in law"
answered Mr. Elliott.
The chancellor said he thought that
II City Council were to remove Mr.
Abele and appoint another man to the
office, and both should persist in exer-
cising the functions OF the Office, it
would affect the publit welfare and
bring both the law and the officers in.
|
iict Of authority
MIR Elliott thought the city would be
doubly served aud the inspection 80 much
the better.
The Chancellor referred to the allega
tion that Ci-y Council wanted to try and
condemn Mr. Abele without giving him
hearing. Mr. Elliott said that. the
allegation referred to the action of the
committee and not to the action Of City
Council
Ex City Solicitor Curtis. who Is asssocl
ated with Mr. Elliott, said be undorstood
he primary question TO be whether the
chancellor had jurisdiction IN the matter
OF issuing the injunction aud that the
question Of the jurisdiction of City
Council TO try and remove Abele was
thing for consideration after the jaris-
diction Of the court had been determined
Biegs Argues for Adele.
In his argument for Abele, Mr.. Biggs
said
"In the first place we don't ask II 4
court TO try the title TO this mans Office
take IL TO be a well-settled prin cIple
, that Il Is not within the province of 8
court of equity TO try the title TO al
I Office / take It that It is equally vel
settled that where private rights ar'
! about to be invaded or irreparabls injury
is about to be done to an individua
; or the public It is within the province oI
) court Of equity, and peculiarly within
{ the province of that court to interiors
IN this case until, at least, the propel
{ remedy may be instituted by law. W.
r ask in the FIRST place, II your homo
Q pleases. that preliminary injunction
D be issued against the Council to restralI
Z them from removing the orator frou
D this Office We ask IL upon the groun6
d that he is not an officer Of tn
city of Wilmington, but creation o
5 the Legislature, the highest authority
! of the state II your honor will no
s grant the injunction, we ask that th'
}. restraining order be continued until Mr.
Abele can secure his rights by process il
g the Superior Court.
Q He argued at great length and wa
a still citing his authorities when cour
took recess.