The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-05-20

The select councilmen who on Thurs
day night refused to obey the order of
the court and confirm the bond of City
Solicitor elect A. A. Vosburg will have
to answer before the court Monday.
Yesterday the following petition was
presented to the court by Mr.. Vos-
burg:
To the honorable. the judges of the
court of common pleas of Lacka-
wanna county.
The petition of A. A. Vosburg re-
spectfully represents that he is the re-
lator in the above stated mandamus
proceedings and that upon petition
presented by him. this court did, on
the 10Th day of May, 1899, award per-
emotory writ of mandamus upon the
defendants. as the members of the
select council of the city of Scranton;
that in pursuance to said order of court,
a writ of peremptory mandamus was
issued to the defendants, commanding
them to approve said official bond,
which was served by the sheriff, as the
petitioner is informed and believes,
upon all of the said defendants except
Edward James, w. NJ. Finn, J.. A.
Lansing and p. +. Mccain, on the 18th
and 18th days of May, 1899; that on
the evening of the 18th day of May,
1899, the said select council met in
regular session, the following members
being present: r.. w. Williams, Fin
| lay Ross. John j. Kearney, Simon
Thomas, J. Il. Roche, II. c. Melvin, c.
Il. Chittenden, G. f. Wagner, J. j.
Schneider j. J. Shea, George Sander
| son, H. r. Fellows. Thomas O'Bovle,
Edwin Frable, T. j. Coyne and ]. ].
McAndrews; a quorum being present;
that in total disregard of the mandate
| of the court, and the writ of manda-
mus, the said defendants refused and
| neglected to approve said official bond
Of the relator, but on the contrary a
motion was made by j. Il. Roche, that
the said bond remain in the custody Of
| the clerk, pending an appeal from the
| said decision of the court, which mo-
| ton was carried by the following af-
| firmative votes, viz: j. j. Kearney,
| John i. Roche, II. C. Melvin, John j.
| Shea, Adam Schroeder, Thomas O'Boyle,
| Edwin Frable, Thomas ]. Coyne and
| j. j. McAndrews, or nine votes in all,
the remaining number present. viz,
| eight in all, voting in the negative.
| Your petitioner AYERS that he is ad-
vised that such action was a contempt
| of court; and he therefore prays that
! an attachment for contempt may issue
| to the said parties who voted that the
said bond remain in the custody of the
| clerk. And he will ever pray, etc.
| Judge Gunster, to whom the petition
| was presented, granted a rule return
| able Monday morning at 9 o'clock to
| compel the nine councilmen in ques-
| ton to show cause why writS of at
| tachment for contempt of court should
not be issued again st them. At the
| hour in question the councilmen will
| have to make answer to the court con-
| corning their conduct.
Yesterday morning, in compliance
with the decision of council on Thurs
day night, an appeal from the decision
| of the court of this county was taken
| to the superior court. The attorneys
who represent the council in this ap-
peal are O'Brien & Kelly, Willard,
Warren & Knapp and City Solicitor
NJ. A. mckinley. The appeal is to
| come up for a hearing at the term of
the superior court in this city next
January.
Mr.. Vosburg said yesterday that, as
| he views the law, the councilmen are
| clearly in contempt Of court The
| fact that they decided to take an ap-
| peal was in no sense an appeal and,
| even if the appeal had been taken in
| regular form. it would not act as
| supersedeas unless the court to which
| appeal was taken so stated in an order.
Accompanying the appeal taken yes
! terday was a bond of $500 signed by
| John J. Fahey, c. w. Mckinney and
| 4. C. Melvin.
This whole proceeding is simply an
| effort to gain time and keep the pre-
| sent incumbent in office a little long
| err" said Mr.. Vosburg yesterday. IT
! have no fear as to the ultimate out
come and will then begin suit against
| the men whose names appear on the
| bond for the salary of the Office for
! the length of time I was kept out of
| it after being elected"