The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-15

mandamus, will present themselves at
n special meeting of the lower branch
of the city legislature and renew their
demand to be seated Their demand
will be granted.
The only way the Democrats could
prevent the extras" from being seated
would be to take an appeal from Judge
Edwards finding and have the appel
late court make the appeal a super
| eedeaS. 1t Is very questionable If n
supersedeas could be secured, and Il Is
likely that IL will always remain ques-
tionablc, as the Democrats are not DIS
posed TO contest the matter further
The call for the special meeting was
signed yesterday by five of the Demo-
cratic members, and it's object was set
forth as general business" The pur-
pose of the meeting. it is understood
is the passing of the ordinance provid-
ing for a $4,000 year contract with
the Scranton Gas and aWtcr company.
A caucus of the Democratic mem-
bers was called for last night, for the
purpose of formulating some plan OF
action regarding the admission of the
extras" Only a few of the members
| showed up, however, and no action was
| taken.
READY TO QUIT.
Attorney NJ. j. Martin, of O'Brien
| e. Martin, counsel for Democratic
members in the mandamus proceed
ings, stated yesterday that they had
not yet had any conference with their
clients but he felt assured from ex-
| pressons heard before the decidhpn was
| rendered, that they did not propose to
| carry the test farther than the local
| court.
Mr.. Martin said he would not advise
an appeal as there was little if any
thing to he gained by securing an
other ruling from an appellate court.
| The expansion of common council
must come, at all events, next April,
! and the most that would be gained
| by delaying 1t, would be a possible
| chance of strengthening the Demo-
| cratic representation by another cleo
| ton.
councilman William Gurrell who
was one of the foremost of the Demo-
Gratis in the opposition to seating the
extras" said to a Tribune man that
| he would not by any means. favor
taking an appeal. The apportonment
made from the returns of July 1900,
| the one under which the extras
| were elected, gives the Sixth ward
two members and the Fifteenth one.
| The apportlonment made three weeks
| ago from the returns of July Of this
year, reverses the order of things as
| regards the Sixth and Fifteenth wards.
REPUBLICANS WOULD GAIN.
| This, Mr.. Gurrell explained would
| mean that if another election was
| held the Republican would make a
| gain OF one, If the results were the
same as before in other wards, ana
| this gain of one would give the Re
| publicans control of the lower branch
as we'll as the upper.
| AS ii now stands the Democrats have
| thirteen common cOunCilmen and the
| Republicans eight. The seventeen
| extras are made up of eleven Re-
| publiCans and six Democrats. With
| the extras" seated the vote would be
a tic, nineteen Republicans and nine
| teen Democrats.
| on joint ballot the Republicans
would have thirty votes to the Demo-
| Gratis tWenty-nine and as council s
| select by joint ballot number of i'm
| portant officials after the term of the
| governors appointed recorder expires,
| 1t is very important which party has
the majority.
The Democrats have figured con-
| siderably on this and think they have
| evolved a means of overcoming the
| Republicans lead of one and, incident
ally, securing a majority in the lower
| branch.
| Their scheme is to refuse to seat f.
f.. Robatham one of the extras" from
the Fifth ward on the ground of in
eligibility.
Section 6. article XIV, OF the Muehl-
bronner act, dealing with the eligibility
Of members of council reads as fol-
| lows:
WHAT THE ACT SAYS.
| From and after the passage OF this act, no
person shall be elected TO the office of select
or common council in cities OF the second class
! who holds any other office, position or employ.
/ mcnt under the government Of the United states
Of state o' Pennsylvania, the county in which
said city is located or in such city, except
notary public or commissioner Of de5ds and #
any person who shall hert after be elected a
select or common councilman shall during the
| term for which he was elected take accept "
| hold any Office, position or employment under
| the government OF the United States, the State
| Of Pennsylvania the county in which said city
| il located or in such city, except the Office Of
| notary public or commissioner Of deeds he shall
Al once forfeit the Office OF councilman and shall
not hold such during the time Tor which he was
elected; and it shall be the duty Of the city
| recorder to order an election, within thirty
| days Of a councilman to serve out the term re.
naming Of the councilman So forgetting his II.
hre, providing there shall he at least six months
Of said term remaining after said election 50
| ordered by the recorder"
Mr.. RObathan is a clerk in the office
| OF the county commissioner and clerk
Of the county prison board, and was
| at the time of his election. This, the
| Democrats contend. makes him in
eligible under the law above quoted,
and, unless otherwise advised by their
| attorney, will seek to establish their
| contention or compel Mr.. Robathan to
| dsestablish II, by refusing him a seat
and throwing the matter into court.
| ROBATHAN NOT WORRYING.
| Mr.. Robathan, however is not
worrying about his eligibility. The
| Republicans contend that the act does
not apply to Mr.. Robathan's case be-
cause he was elected before the act
was passed, and the eligibility question
so they contend, is applicable only to
councilmen elected from and after the
the passage Of this act"
The expansion of the common council
will necessitate the rearranging of the
Accommodations. The floor space is now
pretty we'll taken up by the twenty
one desks, TO acComodate seventeen
more IT will probably be found neces-
sary to utilize the space at the rear
of the chamber set off for spectators
and leave only the gallery for the ac-