Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-02-28
VIEWS AND INTERVIEWS.

Mr. Maxwell ContempIates an Action
for ~Damages-Mr. COniR Talks
About the Proceedings.
Mr.. Maxwell wa in close consuita-
ton with his attorneys yesterday
afternoon. When seen by a Register
reporter subsequently,, he said:
Il believe in making a hard fight for
my side. That is perfectly natural.
But | do not believe in going to the
extremes of last night. i most GER
tainly do not intend to allow the mat
ter to rest where it is, and as a re-
suit / will proceed against the Chief
OF Police and his bondsmen and the
Sheriff and his bondsmen. The
Sheriff is the man who arrested me,
but he afterwards went on my bond.
The matter will not be allowed to
drop. There will be proceedings for
damages; of that You may rest assur-
ed"
Mr.. w. G. Caldwell was seen, but
disclaimed the rumor that he was OF
counsel for the Republicans. He talk
ed very freely about the matter, how
ever, ~deprecating in general terms
the Democratic course, and particular
~ denouncing the forcible entry into
the office OF Mr.. Hamilton in the Ma
sonic building, even if the door was
ajar. He said that nothing short of
a search warrant would have justified
that invasion of a private Office, and
held that it was clearly a case Of tres
pass and warranted a proceeding in
damages.
An effort was made to see Col.
George B. Caldwell, reputed to be of
counsel for the Republicans dissatis-
fled with the result OF the election in
joint session but he was in close con-
sultation with clients upon matters
OF importance, and was therefore not
accessible. 1t is not believed that the
Republicans will take any legal steps
for reasons which are manifold, and
any one of which might be sufficient.
John ]. Coniff, City Solicitor-elect,
who counseled the Democrats during
the proceedings at the city hall, said
last night in substance:
There can be no doubt about the
legality of any action taken by the
Democrats. Under the new rules of
Council either branch may transact
business which does not require the
concurrence of the other branch,
whether both are in session or not.
Besides, either branch is the sole
judge of the qualification of its own
members. While there can be no
doubt about the legality of the cleo
ton of Mr.. killeen and Mr.. Lavey,
their votes were not needed to put
the slate through. The Democrats and
insurgents had a majority present in
joint session without them. I under
stand that when the new rules were
adopted it was Mr.. J. P. Maxwell who
suggested that either branch should
be empowered to transact business
which did not require the concurrence
of the other branch, when the other
branch is not in session. 1t is a
proper and reasonable view of the
matter.
mayor Sweeney certainly acted
within the law when he refused to
entertain a First Branch motion to
adjourn. Either branch is required
by ordinance to notify the other Of
an intention to adjourn. That was
not done. When the proposition to
go into joint session came from the
Second Branch, there was no alterna-
tive but compliance, under the ordi-
nance, which says: AT the first
meeting of Council after the regular
biennial charter election, or as soon
after such meeting as practicable, the
Second Branch shall give notice that
it is ready to proceed to the election
of such officers of the city as are re-
Quired to be elected by the Council.
Thereupon THE FIRST BRANCH
SHALL PROCEED IN A BODY TO
THE CHAMBER OF THE SECOND
BRANCH, etc.
THE Republicans complained that
they We're not granted certain privil-
eyes while they were in Mr.. Hamil-
tons office. They forget that the law
does not contemplate that matters
shall be made as comfortable as posi-
bic for persons who are avoiding ar
rest. The officers who tried to arrest
them were not trespassing. AS 10 the
legality of their arrests, the language
OF the rules governing Council will
admit of but one construction. They
say they were penned up like GRIMM
ais. Why didn't they come out? No
person was OBTAINING them from the
outside"
The action of Mr.. Maxwell with re-
gard to the efforts to permit the
regulars to escape was a subject OF
general comment. 1t is understood
that Mr.. Maxwell is not one of the
trustees of the Masonic Temple asso-
citation.