Democratic messenger., 1905-05-27
GAS LEASE FIGHT
CARRIED TO COURT
Philadelphia New Directors Swept
Out Of Office by Injunction.
MAYOR CONSULTS ELIHU ROOT

lease fight was carried into the courts.
and in consequence the two directors
appointed by Mayor Weaver are out
OF Office, and the directors who were
dismissed have again taken up the du-
ties of their positions. Late In the day
Mayor Weaver, accompanied by
former Judge James Gay Gordon, went
to New York for consultation with
Elihu Root. the mayors special coun-
sci. What the next move will be can
not be foreshadowed. The leaders OF
the Republican organization announce
that their lines remain unbrOken. that
the gas lease will be passed over the
mayors veto next week and that the
lease will be put into operation.
Mayor Weaver and Judge Gordon re-
turned to this city from New York
last night They said they had con-
ference of several hours with Elihu
Root. but declined to say what plans
they had mapped out for carrying on
their side of the gas lease contest. Mr..
Root. they said, would be here at the
proper time to take hand in the con-
troversy.
II was another exciting day around
the city hall. the storm centre of the
controversy. Events moved rapidly.
and the great army of ofiiceholders
and citizens who were gathered on the
political "rialto" seeking for informa-
tion we're not kept long in suspense
as to what would be the next move.
The city employees felt much relieved
as the day wore on to learn that the
mayor had taken no further action
with regard to the removal OF the
heads of other departments or Of bu-
reau chiefs. The return TO Office of the
ousted directors also gave them conf
dence.
Mayor and Directors EnJolned.
The first move of the day was the
appearance before Judge Robert Raj
ston, in common pleas court No. 5. OF
attorneys for Peter +. Costello and
David J. Smyth, the dismissed direc-
tors. who applied for a preliminary in
junction against the mayor and A.
Lincoln Acker and Sheldon Potter
from assuming the duties of their re-
spcctive Offices and restraining the
mayor and all other city employees
from aiding them in carrying out such
intentions. After due consideration
Judge Ralston granted temporary
restraining order. and fixed next Mon
day morning as the time for the de-
PENDANTS to show cause why the in
junction should not be made perma-
nent The attorneys for the ousted
directors lost no time in the prepara-
tion of the papers to be served on the
defendants. The mayor and his two
new directors were informed of the
action of the court within a few min
utes after the Injunction was granted.
and they were not surprised when the
papers were served on them. The
mayor and Mr.. Potter readily accepted
service. but Mr. Acker at first refused
to recognize the papers. He remained
at the desk vacated by Mr.. Costello
and refused to leave the Office. The
ousted director left the Office to begin
proceedings to have him obey the or
der of the court, but when he returned
he found that Mr.. Acker had left the
Office. Mr.. Costello thereupon took
possession.
The new directors were in office
about two hours. Their short incum-
bence had its humorous side. All the
morning a stream of visitors had been
calling on the new directors to con-
gratulate them. One citizen not ac-
quainted with the new or old direc-
tors came to the Office of the director
Of public safety to congratulate Mr.
Potter. He was about to shake hands
with Mr.. Smyth, when he was told of
the quick change that had taken place.
Mr.. Potter In opening mail after he
assumed Office opened what he thought
to be official communications only to
find that they were letters from Mr..
Smyth's friends Offering their sympa-
thy and assistance.
There was much speculation as to
what the new directors would do.
Both are prominently identified with
the reform movement, and radical
changes were looked for The only off,
cial act of Mr.. Potter was to receive
the reports of police lieutenants. He
was introduced to all of them. and
made short speech. in which he told
them that each would be expected to
perform loyal. honest and faithful SER
vice.
Mr.. Acker, as director of public
works. signed a few warrants sent to
him from the bureau of street clean
ing. which warrants the controller re-
fused to honor until the court pro-
ceedings shall have been terminated.
Mr.. Weaver had little to say for pub
lication. Regarding the injunction. he
said :"I am still the mayor of the city
and I mean to exercise all the rights
OF my Office. The injunction cannot
prevent me doing my duty"
AS an evidence of the view the
mayor takes of the situation, he or
dered that matters pertaining TO the
two departments requiring immediate
action be brought to his notice at once.
thereby assuming personal charge of