Semi-weekly independent. (Plymouth, Marshall County, Ind.) 1895-1897, 1895-12-21
THE COURT SAYS NO"
Plymouth's Fourth Ward Deal Is
Reversed.
TWO COUNCILMEN OUT OF A JOB
News of the Decision Creates Much Excite
ment i'm this City-Possible Effects
upon Municipal Legislation.
From Fridays Daily.

from FRIDAY DAILY.
The supreme court of Indiana has
spoken.
The wise five spoke yesterday and
they spoke right out in meetin', too.
The report last evening that the
supreme court had passed upon and
knocked out the widely advertised
Fourth ward deal" came in the form
of telegram from the state capital and
spread like wild fire. All over town
knots and little punches of politicians
and citizens were gathered in interested
discussion of the report and its possible
consequences.
Evo" since the original case went up
from Judge Bursons court, the guesses
hazarded upon the final outcome of the
appeal have been numerous and varied.
Still it were safe to say that the more
Sargune, even, of the watchful repuDli-
cans did not lock for so complet sup.
porting of their claims, and ST, i utter
throwing aside Of their political oppon-
entS.
The first news of the decision of the
high tribunal came in the shape of the
following telegram, from Assistant Sec
retary- -ofState Wright to Chief Clerk
Oglesbee, in this city.
INDIANAPoLIS. Dee. -.
Il. Il. OGLESBEE. Plymouth.
ward case Holds mayor no right to vote-ordi-
nance must he read three days. not three times
one day. W. : WRIGHT
More fully and clearly stated, this
means, and the decision of the supreme
court is, that In the meeting wherein
was born the inception of the whot
trouble the last regular meeting of the
city council under the administration of
Mayor Drummond, the rules of order
then in current force could be suspend
ed Onlyb twO-thirds vote of the mem
bers. Thus the using of the mayorlal
franchise to make bare majority was
illegal, the repeating of the rules was in
consequence of no effect, and the busi-
ness transacted under such repeal was
altogether void.
The primal effect of this sweeping
decision is to knock out the fourth
ward in toto. incidentally, Aldermen
byguess MaXey and Okeefe Will retire
more or less gracefully INTO the dee per
shadow, and the municipal ship of state
will sail quietly on under the original
rules and conditions.
IL Told You So"
The crop of "I-told-you-so' brethren
is already becoming pretty large. Incl
dentally, it may be interesting to note
that, outside of those who did so for
political reasons, the first genuine
I-told-you So prophet was TIE INDE-
PENDENT.
In the issue Of Friday, October %,
lS94-Our second number INDE-
PENDENT said, in the course of an ex-
haustlve review of the municipal
tie-up:
ITO man up Il tree. who has no especial
interest except that of a citizen in the contro-
versy. it would seem that the republican posi-
ton is the most just and reasonable one
Thus it will be noticed that, standing
outside of any political bias, this paper
as usual voiced the opinion of the peo-
pie, and was upon the emInently cor
rect side of the question. OF course,
1t can bnt be somewhat gratifying to
see that the state court of last resort
so fully backs up the views taken so
far back by us
The Situation Now.
Ex-City Attorney Oglesbee said in re-
lation to his telegram from Swift
Wright, that there could be no question
as to the existing situation now. There
was no re-trial of the case possible, no
new issues to be adduced and this de-
cisiOn simply ended everything. Plym.
Outh never had more than three wards
and six cOuncilmen.
City Attorney Harley A. Logan was
asked by the INDEPENDENT reporter
the possible effect upon any legislation
enacted by the council as it had been
constituted for the past whether
the claim of de facto official service
could be sustained. Said he: "If there
has been no legal vacancy in office, there
can be no de facto filling of that va
cancy. Hence, any important legisla-
tion whose passage depended upon the
votes of the two pseudo councilmeu
was not legally passed. Still, recall no
vital work done in such manner"
Mayor Swindell didn't recall any vital
legislation apt to be brought into seri-
Gus legal question under like conditions.
The north sewer project, be saiAsH.z-s,-