Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1896-01-09

SAe .itNoi iibONi, htIII!au
Gum, kaufman, Tanner and Young.
The contracts were ordered executed fol
the purchase Of $50 feet OF cotton hose
from II. l.. Cook and like amount from
A. G. Long.
Ordinances No. l25, relating to side.
walks, and No. 1876, vacating portion of
Ninth street in North Aberdeen, were
passed. Both appear elsewhere in this
paper.
The bond and oath OF Office OF James
Patterson, as city treasurer, were read
and approved. The sureties are j. NJ.
Weatherwax, Samuel Benn, II. II. Evans,
J. p. Carson, w. B. Paine, II. Stoecke,
l.. l.. Maley, +. l.. Koehler, +. l.. Car
man.
The bond Of J. G. Cross, as city attor-
ney, was approved, with A. J. Kroenert
and f. l.. Harrison, sureties.
Treasurer Mack reported that Hayes &
Hayes, bankers, held for payment inter-
est coupons of the municipal bonds to
the amount of $1,000, and that there was
only 81 ,O60 on hand. Referred to finance
committee
Water superintendent report showed
$4S3.75 collected in December.
The council then took up the contest OF
|. ". Mason for the attorneyship, j. B.
Bridges appearing for j. G.. Cross, con-
testee, and Morris Johnson Cochran and
N. w. Bush for I. w. Mason, contestant.
Their first action was to require Mason to
put up 500 in cash, by Friday night, to
pay the expenses OF the contest.
The demurrer OF contestee to the COM
plant of contestant, alleging that the
complaint did not contain facts SUI
ficient for cause of action, was taken up
and overruled. Adjournment was then
taken until Friday night.
On Friday the answer OF contestee was
filed and the demurrer OF contestant to
the answer, but no deposit was made,
and upon the latter ground. at the open
ing of the session Friday night, the con-
leStee moved Tor dismissal.
Attorney Cochran replied by Stain g
that the council had required an i'm
possibility Of Mr.. Mason, and further the
case was now being heard and could not
be dismissed. A motion to reduce the
amount Of the deposit, made by Kaufman
and seconded by Kolts, was lost.
Attorney Cochran then moved to take
up the demurrer, which the mayor
promptly declared was out of order.
Mr. Cochran then told the council that
contestant refused to put up the 500 or
any part of it, and said that, subject to
their rights to have the demurrer heard
they desired to file their reply, and offer
in evidence certificate of nomination filed
by j. G. Gross, for the purpose of show
ing that his nomination was illegal and
offer to prove by testimony OF A. w.
Bush the filing and authenticity of same
also cetificate of nomination OF Mason,
and demanded that the council proceed
to admit and hear such teitimony, and
contestant denied the right or authority
of the council to require him to deposit
any money. To the introduction OF which
testimony counsel fer contestee objected,
because, first, no reply has been served
in this or any other proceeding herein
second, there is no case or proceedings
before this council third, for the reason
that the contestant has not complied
with the order of the council requiring
him to deposit with the clerk tho sum
OF 500 Oh or before this meeting Of the
council, snd said contestant, before the
council, openly announces that he refuses
to comply with said order Or offers TO
make any deposit whatsoever.
Councilman Gum thereupon moved
that contestant be given until Tuesday
evening, Jan. Z, at 8 o'clock, to put up
the 500 and if not so put up, council dis
miss tho case, which motion was Sec
onded. This motion brought the con-
testant and his attorneys up with short
turn and they began to hedge, and stated
that they would not try to put up 800
and wanted the matter settled at once, as
they proposed to have a hearing before
the following Tuesday if they had to
mandamus the council. Considerable
time was spent in trying to fix smaller
amount, and $25 was finally agreed upon.
A recess of twenty minutes was taken
for Mason to raise the money, but upon
guarantee OF N. w. Bush that he would
be responsible for the balance, he was
allowed to deposit $40 and the case pro-
ceeded.
The demurrer of contestant was then
called, in which it was sought to show
that Cross had not been properly nomi-
mated, not having received 800 signatures
to the petition OF nomination. Neither
the statute or the ordinance give this as
subject OF contest, and Mr.. Bridges
scored the first point in favor OF Mr..
Cross by the council overruling the de-
murrer.
Adjournment was then taken until
Saturday night.
Saturday evening the introduction OF
evidence began John Mcnamara was
sworn as official stenographer. Nearly
two hours were then occupied in an effort