The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-19
IS MASEL OUT OR In?
The Question Which the Coun-
ell Cannot Decide.
He INSISTS THAT he is STILL IN.
And His Attorney PeForates Flo
quentiy, But Scott Says He Is Out
Special Meeting TO Decide.

The city council IN joint session spent
over two hours las. night n discussion
OF the George 7. 8Iasel case, bur without
making any progress, and = continuance
was taken 70 November q, with the IN
derstandlns that then the matter should
definitely settled.
The subject came up on g. motion by
Little tha- the case be taken up, when the
clerk read communication from the
mayor containing an opinion OF the corpor-
alton counsel and the AFFIDAVIT OF +. -
Johnson. In this affidavit the latter says
he Is the secretary OF the fire department.
and that on the day before the defendant
Left the city, he had a conversation with
him as follows: II met Masel on Front
street, and he said 10 me. I am going
away, and VIII bid you good-by.' I asked
him where he was going and ne replied.
1 am gong 10 Butte, Mont l asked him
what he was going 70 do. and he said. 1
am going 10 do nothing with Il; let il go
10 HI and said he had stayed two weeks
longer than he ought 10 already. The
next day Masel lett the city. and has not
been back since"
His ONCE Is Vacant
The clerk then read the opinion OF Cor
poration Counsel Scott saying that II Ma
sci had removed from the state there was
bat one thing 10 do, and that Was 70 iii
the vacancy caused by his removal. An
officer could not remove from the state
for the purpose CT going into business or
for any other business. and retain his
office.
John Wiley. counsel for iasel, said he
held in his hand the affidavit of Masel that
he was still resident had not removed
from this city and still retained his Of
fee as fire commissioner. II they thought
they were going to get out Of trying Mr..
MaseI by this resolution they would ind
ir could not De done. Mr.. Wiley then read
the affidavit, which recites the now Well
known story of thu case. lie winds up
by declaring that Mayer Phelps selected
me as his victim in order that he might
retain the balance Of power in the fire de-
parment. Mayor Phelps asked me 10 re-
sign, saying he would withdraw his
charges, and then ! could hand IN my res
ignadon a short time afterwards and make
the record straight. l told him the record
was straight as il stood, and that would
not resign. / am a resident, citizen, free
holder and voter Of the city OF Seattle and
state of Washington, and am temporarily
absent from said city for the purpose OF
finding employment, which / could not Sc
cure there. l have never surrendered, nor
do / intend to surrender my residence as
citizen of the city of Seattle. and l
claim and hold The title TO the Office of
fire commissioner OF the city Of Seattle.
!
the duties OF that Office through nay proxy.
Josiah Collins. TO the satisfaction OF the
mayor"
\ General Debate on Masel.
When the reading concluded Mr.. de Bru-
Ter urged that all except the reference 10
Mase?s not having removed from the city
be stricken out, as there was no court that
would permit the use Of an affidavit when
it came to a trial of the issues.
Jordan--I believe this council needs no
chaperon. but is perfectly able 10 tell what
course to pursue.
James-Dr Jordan was anxious TO lis
ten to the attorney on the other side. and
didn't find then that we could get along
without n chaperon. l call for vote on
tho resolution.
sweeney-As I understand It. simply de-
clar!ng the office vacant does not do away
with ths charges.
Goodhue thought the evidence only ad-
m.ssible as 70 whether Masel had removed
from the state, and Lovejoy thought that
as Nasel said he had not removed they must
so on with the charges. Noigt Thought
that as the mayor had sent them a COM
munjcatlOn under the belief that Masel ha5:
removed. it was their duty to act upon
II, and AIasel would have his remedy
against the mayor.
J0rdan-If the mayor said 4 man was
made of green cheese should l fall down
and eat h!m2 The mayor brought LOT of
charges that We find trivial and nobody be-
Ieved in them.
Voigt-Excuse me; there were more votrs
against Masel than for him in the first
trial.
James-T have read 4 letter from Masal
IN which he saws be has lef, here for good.
and that he bad written his resignation
and handed it 10 a gentleman l can see
here In this room.
at me. and I want to ask you 70 name who
has that letter
James-k DO not name him.
Kellogg have never received It and
have no knowledge of it whatever.
Wiley's Flight of Oratory.
Mr.. Wiley when this little excitement
had quieted down, started In with some
minor objections and worked himself
up into fervid defamation N
f1vcr &C his client and protested
against Nasers office being declared
vacant. and declared that in the hobby. to
hi@h he had addressed some OF his most
fervid flights. PEE could lrd half a dozen
TO join il us protest.
Another wranEle ensucd as - the pro-
cadure. and a length a vote was taken
on a resolution declaring the office vacant.
introduced hy James. which resulted IN six
voting for and eleven against.
elise then moved that they proceed with
the trial, and another discussion ensued
in which Wiley said that he was not ready
ard de Bruler that he did bot know
enough OF the ease 10 the latter of whom
Cr.chtou replied. There IS nothing 70 70:
anybody could understand Il In ten mn
utas. / d0st .h.nk Il right, however, that
anyone should express an opinion before
hearing the evidence"
J1rdar-We have heard Il.
Cr'oh Parhaps you have; I am NJ.
one o. the sang.
ON the motion u Anderson. seconded ~
elise, Wednesday evening was set apart