Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1897-04-22
Madison, April 20.

At least one phase OF the controversy
in reference 10 the police-and-hre-c
mission law was fought out in the cir
,,i+ conrt Yesterday. Soon after l
o'clock Sheriff Moulton served on May
or Dye a temporary injunction issued
Nv Judge Siebecker of the circuit court,
lntoining him from appointing the
commission. The injunction was is
sued on the application of Mayor-elect
NJ j. Hoven, whose attorneys are X.
n Bashford and George w. Bird.
THE order was made returnable before
Judge Siebecker at 8 o'clock in the
evening for the purpose OF having cause
shown them why the injunction should
not be made permanent; but the may
ors attorneys hustled off and at once
got an order from the judge for the
return to be made forthwith, and by
4:3O the parties We're before Judge Sic
becker. Mayor Dye evidently fearing
that an attempt was being made for
nocturnal arguments, if he waited Till
s o'clock, that would carry the case up
to midnight, when possibly his term
legally expired The injunction also
included Clerk Norsman.
Aside from lawyers there were few
present. the public being ignorant 81
The matter coming up 50 early. Or
these, there was a strong array on each
side TO volunteer assistance ana Wa-ch
he principal contestants. Mayor Dye
WAS present throughout. Mr.. DIN in
opening read at length the complaint
issued by Mayor-elect Hoven, asking
for the iniunctions, and the bill as
passed by the legislature, and moved
that the court dissolve the temporary
injunction against Mayor Dye.
Mr.. Bashford opened in opposition.
He said that all were agreed that by
the provisions of the law the present
police force will remain undisturbed for
ak months at least unless there be
further action by the common council
The point was, who had the legal right
10 appoint the commissioners yesterday
He coptended that Mayor Dye had not
and cited in support of this contention
rbe appointment of the university re-
gents whose terms expire in February
and said that, for instance the regents
whose terms began in FEBRUARY Of
fhis wear might as well have been ap-
Dniuted by GOV. Upham, as that the
commission should be appointed by
Mayor DYE. He said further that there
was no demand for hurried appoint
nent: there was no eXigency, and May
or Owe had no right to hamper the IN
coming executive.
AZ this point Mr. DIN informed the
,,rr- tina. City Clerk NoTsman had
said that on the advice of City Attorney
Awkward he (Norsman) would receive
mo- commissions of appointments AFTER
office hours.
Col Bird. continuing for the defend
ant said that the outgoing mayor had
no right TO appoint an ofhcer whose
term commences in the future and IN
which the public interest did not de-
mand immediate action. He also con-
tended that the law YVES unconstitu-
tioual in it's provision that no more
thau two of the commissioners shall
belong to one political party. In sup
port of the first point he said it had
become a fixed policy in this country
r1 hold officials responsible only for
rbe term in which they hold and that
consequently they should not be en-
ttrrassed by appointments. II Mayor
Dye had the right of appointing these
commissioners. ne also had the power
Of appointing the council committees,
sdewa'k inspector, etc.
At his point an interesting episode
1ccurra T. An intimation by the speaker
that MI Dya official life was sup
posed by the opposing counsel to end
81 midnig' last ni-tt brought a de-
NAL from Mr.. DIN a0d the statement
Lhat Mr. Hoyen l..sneys were so
figuring" Some caustic respects
were paid to Mr.. DIN by Col Bird for
speaking in that way of their proceed
're and he was informed that it was
no and his cohorts" that were "lgur
ing Another intimation as 10 Mr.
0lins political complexion brought a
'esponse from the latter that he was
simply an attorney in the matter but
That he was no silverite Il am a sill
Verite, said Col Bird, ''and mighty
strong one and always shall be" Mr.
Din hoped he'd be wiser some day.
soL Bird cited case from the supreme
court OF Michigan showing a law I'M
Constitutional that required political
AThHatton as test for holding office,
'11 another one from the supreme
court Of Illinois
NJ DIN in closing said that the
"a" plainly gave Mayor Dye the right
p appoint the commissioners. The
'harge that il was purely a partisan
measure he refuted There never was
alFtl service reform In this country
..a. did not hit somebody He cited
le 1000 postmasters affected by the
'Foh. action Of President Cleveland
me appointments are made By Mayor
iFe acy will not embarrass Mayor
3oyen. who viii have no more 10
# with the raurpf ssf0pnrs than any