The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-09-15

members, as such, have no right TO be
wasting the oity's time and money
fooling with elections. The elections
are regulated by law, as interpreted by
the party machinery, and tine party
machinery should be allowed to con-
troll them, and IL the contestants for
suoh offices do not like the way things
are managed, for them to go into
the courts. There was absolutely no
excuse fer the councilmen seeking
an opinion relative to the fall cleo
tions. 1t would be interesting to
know who convinced them that it
was, and why they didn't have sense
enongh to know better.
Another thing, it looks peculiar
that the learned opinion on which
was based the injunction suit, shows
Throughout that the thing most prom
inent in the minds of the attorneys
was the mayors term of Office, and
the conclusion of the opinion is sub
stsntially that the attorneys think IL
extends to 1905. II the object Of
the opinions was simply to decide
the matter of fall elections, one the
council had nothing to do with, why
was il necessary to bring the mayors
race into it? Why was it necessary
to mention it at all, when it cannot
take place this year and no informs-
ton, according to the officials, was
sought on it?
And again, when the opinion,
which we are told was simply for
the fall elections, arrived and was
duly perused by the gentlemen who
without the authority OF the council
had ordered it, and the question Of
Paducah's being legally transferred to
the second class, was found contained
therein why were a few officials so
eager to test the question that they
jumped into the courts without seour-
ing any authority from anyone, and
without any justification whatever?
They said they wanted to test the
question and settle it for all time to
come. Why? Did not the able presi-
dent of the aldermen declare today
that the suit could not hurt the city
by reason Of invalidating any past
acts Of the boards because 1t was "de
facto" government? II de facto
government would render public acts
legal, which il undoubtedly would,
what was the use in testing the trans
fer at all? The de facto government,
it seems, is as good as any other kind,
and we might as we'll enjoy it as any.
The only way to destroy it would be
by bringing such a suit as they
brought, and running the risk Of hav-
ing the city forced into the third class.
What was the sense in that? What
is to be gained by testing the ques-
tion? Everybody is satisfied, the gov
eminent was going smoothly along,
and the acts OF both boards will be le-
gal until the courts decide that Padu-
cab is not in the second class, If they
ever do. Then why not allow us to
enjoy this de facto government in
stead Of fighting out a question that
may never have been sprung but for
the few officials who felt called upon
to do it last week, and even IL it
were, then the result could be no worse
than it is now. In fact we should be
better off, for we should have enjoyed
the advantages Of being in the second
class ali that time, and the acts of the
officials. according TO the admission of
the president of the board of aldermen
himself, would have been legal and
binding.
The best thing that can be done is
to Withdraw that injunction suit at
once. The officials now see they blum
dered. II anyone thinks Paducsh is
not in the second class, and is so deep
ly interested that he wants to test it
in court, then let him do it, but I'M
til he does let the city enjoy the
government she is entitled TO, and
not let q few public officials who
ought to have known better. assume
responsibility there is absolutely no
excuse for. There is no reason for
testing the law. We are in the second
class and will remain in the second