Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1902-01-30
THE CITY COUNCIL
DECIDES THE MAYORALTY TIE AT
SATURDAY NIGHT MEETING.
AnStie Wins and is Declared Duly Elected
After Hard Contest to Prevent the Cast.
ing Of Lots. Market Street Assessments
to be Enforced. Bills Allowed, Etc.

to be Enforced. Bills Allowed, Etc.
The full board OF counclmen were pres.
ent for the first time in several weeks, at
the meeting Saturday night, and the
prospect Of scrap over the settlement Of
the mayoralty tie drew houseful oil
spectators, and they were not disappoint.
ed. For nearly two hours those opposed
to the council deciding the tie vote be.
tween Anstie and Maley, led by Ed
Benn, and those favoring the decision oil
the vexed question right then, under the
leadership OF NJ. r. Sherwood, aided by
counsel for both contestants, waged a
wordy war, which at times threatened tc
depart from what would be termed
parliamentary under Reeds rules.
After the adoption OF the minutes Of the
previous meetings and some routine mat.
tiers, Clerk Black called up the matter Of
the citation issued to Messrs Anstie and
Maley to appear and decide the tie by
casting lots, by order of the council at its
last meeting, and the fight was on.
1t was commenced by the filing OF an
opinion of City Attorney Shields, by
Councilman Bern. The opinion occupied
nearly two typewriter pages in reciting
the history OF the case and quoting the
law, and proceeded to say that Sec. 4l9,
Vol. l, Hills Code, did not apply to
municipalities; that the superior court
had said there was a tie, but, there was
a chance that this court was mistaken
and the supreme court may yet say so.
The opinion concluded as follows: 81
conclude, then, that the council had no
right to pass the resolution it did on the
18th inst. with a view of again deciding
that contest. That said council, ncr the
clerk of said city, has no right TO decide
by lot who is entitled to the Office OF
mayor. That should the city clerk Or the
city council proceed with the drawing of
lots and deciding said contest and issuing
a certificate of election at this time, he or
they would be treading very near the
border line of contempt OF the supreme
court. That said statutes do not apply
to cases OF tie in a city election"
Councilman Bonn then moved that in
accordance with this, opinion the action
of the council at the last meeting be re-
ended and no further action be taken
pending the decision Of the supreme
court. This brought Sherwood to his
feet, who stated the case briefly and
clearly, and said the council knew Just
what it was doing when 1t adopted the
resolution to settle this matter and have
done with it; that the case of Gum VS..
Mack was a precedent directly in line
with the present case. Benn, in reply,
endeavored to make the Anderson contest
case precedent in the present matter.
Mayor Anste then called upon his
counsel, J. c. Hogan, who rather wanted
Maley's counsel, j. G. Cross, to precede
him, but was told to 90 ahead since he
had been called upon. Mr.. Hogan began
by saying he was tired of this case !;
deprecated the ignorance OF the council
in legal affairs, and warned them of the
impending danger, should they dare med
die with case that had been appealed
to the supreme court. When he thought
the council was sufficiently scared along
this line, he said that ii casting lots was
the pr ,per mode of settling the tie the
superior court would have said so III its
judgment, (albeit, he did not say at what
date Judge Linn had become the legal
advisor OF the Aberdeen city courciD
that the court not saying so acted as a
perpetual injunction upon the council in
the matter; quoted Judge Linn as saying
there was no law in this state whereby
tie elections in cities conld be settled.
Arguing at length on the proposition
the tie, he predicted dire disaster on the
city should they proceed and should the
casting OF lots decide in favor of Mr..
Maley, and gave it as his honest opinion
that if Maley was seated his official acts
would be illegal, and advised that the
council make the other side get an order
of the court before they act; said that in
such an event Anste would not relin-
auish the office, and the city would have
two mayors. The whole tenor OF Mr..
Hogan's argument appeared to be aimed
to scare the council from its purpose as
indicated in the action of last week
At the close Of Mr.. Hogan's remarks,
Councilman Sherwood moved that Mr..
Cross be given ten minutes to argue the
other side, and that then a secret ballot
be taken on the motion to Iecol 81 Ter the
resolution providing for casting lots,
which was carried, and Mr.. Cross took
the floor. lie denied the statement Of