The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-09-16


indignation that Solicitor Worten
had not been given show in the mat
ter.
At this junoture Councilman Potter
asked for the questions, an exact copy, |
sent Judge Pryor on which he based |
his decision but the councilman pre-
senting the report was unable to do
this and in the ensuing controversy
cited Potter to the opinion of the Hon.
Henry Burnett who was quoted IS ia
voring the action and applsuding the
action Of the committee in every de-
tail.
Here Councilman Potter read a deci-
sion which reversed that offered by
Councilman Hummel and Councilman
Taylor, and stated that On advice he
had received, considered Judge Pryor
too old to be capable Of considering
such weighty question as the one
then under consideration.
Solicitor worten here took the floor
and made the speech Of his life. He
stated that he did not mind taking is
sue with Judge Pryor, but never with
Councilman Hummel-this with much
emphasis, which brought the house to
n high pitch OF merriment. THE
matter as to who will be elected, when
they will be and the manner in which
the election is held" Solicitor Worten
said, docs not lie with the council to
decide for it has nothing, absolutely,
to do with the matter" He stated
that had he been consulted before the
suit was brought, that he might have
saved the parties taking so much on
themselves much trouble and that the
suit would never have been brought.
He stated that no opinion was needed
and that he felt sure Judge Pryor had
not the exact circumstances set out
before him correctly or he would have
decided differently. He stated that the
constitution read that 8 census show.
ing 30, 900 inhabitants entitled . city
to 90 into the second class and that
this action. the taking of the census
and the regularly conducted bill
through the Legislature, was the pre-
viously enacted law providing for the
transfer Of one city from one class to
the other. He stated that bad Judge
Pryor known that the census was pro.
perly taken and that the bill was pro.
perly carried through the legislature,
that he would have rendered an en-.
tirely different opinion and that If Pa
ducah's transfer was illegal and void.
then also was every other transfer
made since the adoption Of the present
constitution, for Paducah had gone
through the same steps that other
cities had and that there were GER
tainly no irregularities about the
transfer. With this he closed appeal.
ing to the councilmen who has been
with him ignored in regard to the
matter and urged them to vote against
adopting the report and in letting the
plaintiffs prosecute the suit at their
own expense.
Chairman Reed here called the
meeting to order and instructed the
vote TO be taken. He stated that since
he had heard Mr.. wortens speech he
felt sure Psducsh was in the second
class cities and that she could not
possibly be forced back,
The vote taken resulted as follows:
Brooks, nay.
ellison, nay.
Hsunan, nay.
jackson, nay.
johnson, nay.
Niehaus, yea.
Potter, nay.
Taylor, nay.
Yea, I.
Nay, 7.
Councilman voolfolk, one Of the
plaintiffs, being absent, and Council.
men Fowler, Hummel and Reed refus.
ing to vote as they were in the suit.
When the result was known the
room resounded loud with cheers and
it was some time before quiet was
again restored. A more seemingly
satisfied crowd never left that cham
Der than took its leave at the result Of
the vote.
The council here settled down to
real business and Chairman Fowler of
the finance committee read . report of
the bills against the city amounting
to IS, 500. 25 which were all allowed.