El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-04-17
THE CONTEST ON.
John OKeeTe Lays Claim to the Office of
Mayor

Mayor.
The city council met this morning to
canvass the vote of the late city cleo
ton. Mayor Campbell and all the
aldermen were present, with the ex-
ception of J. J. Stewart, who is absent
from the city. After the council had
settled down to business and all were in
their seats, w. NJ. Stanton came for
ward, as attorney for John O'keefe,
late candidate for mayor on the repub-
lican ticket, and announced that his
client would contest the election for
mayor. He read motion for contest
to the council which was very lengthy,
laying special stress on the point that
the council, under the charter, had
Jurisdiction on the case, and the city
charter was quoted extensively to
show that such authority did abide
with the council.
Judge Kemp, represented Judge Ma
coffin S side of the case. His argument
was to show that the council did not
have power to go behind the returns of
the election judges and holding that an
amendment to the constitution, passed
in 1891, repealed that part of the city
charter which said that the city cOun-
Gil had jurisdiction over a contested
election case. Judge Kemp quoted ex-
tensively from pile of law books piled
up on Clerk Kitchens desk.
When Judge Kemp sat down then
Attorney Stanton began to read the
law on the case and it soon developed
that law covering all cases could be
construed to suit any emergency, if
the lawyer quit reading certain para
graph at the right time. Or in other
words if law was read, like a trained
witness was expected to testify, that
either or both OF the contestants should
be hung without further trial. While
the council was getting meddled on the
law, Judge Coldwell sprung a deadly
resolution on the council which he
expected it to vote on. The point that
the two attorneys were trying to make
before the council was to COMPEL the
opposition to bring suit in the district
court. but the resolution OF Judge
Coldwell would necessarily COMPEL
John OKeeffe to bring suit in the
district court and this was the very
point that Mr.. Stanton wanted to
avoid,
Judge ColdwelI's resolution was as
follows:
Be it resolved by the city council of
the city of Ell Paso, that as at present
constituted at least.it has no jurisdiction
to hear and determine the contested
election of John O'Keeffe against
Joseph Magoffiu for the mayoraIty OF
said city nor any of the contests for the
aldermen of said city, now on file.
That having no jurisdiction TO hear and
determine said contest, the said
city council hereby refuses to
hear the same, and unless refrain
ed by legal process will
proceed to open and canvas the re
turns of the recent election for mayor
and aldermen of said city, and declare
the result a accordance with the face
of said returns. And the council will
now adjourn until next Tuesday, D.
M, at which time the council will hear
the contest if the district court decides
the council has jurisdiction over said
contest.
The resolution was adopted by
strict party vote, Aldermen. Clifford,
ColdweIl, Del Buono and Whitmore,
voting aye. and Aldermen Kachler,
Roberts and o Keetfe voting no.
Adjourned at 12:15 p. IN.