The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-07-09
GIVEN TILL OCTOBER.
Council Will Await Courts De-
cisi0n in MaSel Case.
BUT BlAMES DELAY ON HIM.
Aldermen Pass Variety Theater Ordi-
nance-Fourth of July Fund With
heid-Namins of streets.

One of the biggest surprises yet 20 hap
pen in the famous case of Fire Commits
sionsr George T. Masel. charged with in
competency in connection with = motion
TO accept Baker Fabric hose after IL had
failed to stsnd the test. was sprung at
the joint session Of the council last even
Ing. when the date Of trial was continued
three months. Out OF respect to the courts
through which Mr.. Nasel had made
pronounced attempt to prevent trial by
the council.
john Wiley. his attorney. was on hand
with a lot OF law books. presumably 10
make his usual objections 70 the Jurlsdic-
ton of the council. and was so dunn
founded by its action that he never said
a word.
President Dluiton had just finished an
nouncing that NasePs trial would be
taken up when Alderman elise said:
when the Masel charges were first be-
fore this council Mr.. Masel took the mat
ter before the superior court. claiming
We had no jurisdiction in the matter.
hearing was had before Judge Langley
and the temporary writ of prohibition
was dissolved and we were at nbeFty to
proceed until Mr.. Masel. by his attorney
filed supersedas bond. which he claimed
acted as a stay of proceedings until the
case could be heard by The supreme court.
He also appeared before us in person and
objected TO our going on with The trial.
There is some doubt as TO whether the
bond filed by Mr.. Masel does act as
stay. bat in all questions of This kind,
where matter is before the courts, be-
lieve II TO be a matter OF good govern
ment TO let IT be settled in the court. If
this causes delay the council IS not to
blame; we have been here repeatedly,
ready and willing to try this cause. that
the disturbances in the fire department
may be settled. If we are now unable TO
do so. Mr.. Mase, his counsel and his
friends must bear the burden. / there
fore think that we as good citizens should
leave the matter to be settled by the SUI
preme court asking the citizens of this
city TO understand we are In no wise re-
sponsible for the delay. / now move that
the hearing of these charges be postponed
until the first Monday in October
Loveioy seconded the motion. and be-
fore Mr. Wiley recovered from his sur
prise at the turn in affairs it had been
put and carried.
The fire commission. however. will not
be minus a member. as Josiah Collins, jr..
having been appointed by Mayor Phelps
to temporarily fill the vacancy caused by
the suspension Of Masel. will qualify and
take his seat, pending the hearing of Ma
SETS appeal 10 the supreme court.
Section z of article XIX of the city
charter provides that in case the mayor
suspends an officer he shall temporarily
fill the vacancy. The mayor bsllSVeS THIS
applies IN the present ease
The election OF three members from the
council to act with the board of equaliza-
ton of taxes resulted in struggle be-
tween the delegates and the aldermen for
the election Of the third member. after
James and elise had been chosen. The
battle was between Goodhue and Miller,
and had his own house stood by him
Goodhue could not have lost. Five bal
lots were taken after elise had been
chosen. and the two were about even hn-
III the last ballot when Miller received
nine the required number, Goodhue six
and Lovejoy two.
One OF the hottest fights OF The season
took place In the board OF aldermen over
the ordinance licensing theaters in con-
nection with places where liquor is sold
Sweeney, Jordan, Anderson and Miller.
who favored the ordinance. were finally
victorious, although Compton. elise and
Ioveioy made a gallant struggle against
them. In the house of delegates the ordi-
nance is in the hands OF the committee
on health and sanitation.
The aldermen and delegates passed res
olutions instructing the chairman or the
| hoard Of public works to retain the money
| annropriate1 for the Fourth of July cele-
| hration until further orders, ana called
for a report on buildings not provided
| with fire escapes.