Evening journal., 1905-06-28
DEMOCRATS WERE
COMPLETELY ROUTED

knowledged constitutionality Of the
contention that each body is the judge
of qualification of it's own members.
This was established" Mr.. Gray con-
tinued, three hundred years ago in the
English Parliament and has been the
accepted rule ever since" He dwelt
upon the fact that the Constitution of
the United States and the Constitution
Of this State support this principle of
law.
Taking up the amended charter, Mr..
Gray went over the sections cited by
Mr. Harman and argued that the words
~said Council" necessarily meant new
Council" wherever they appeared. He
referred to the absence of any prece-
dent to which the city solicitor could
refer and contended that the present
Council has no official knowledge Of
the result of the election, as the certi-
ficates deposited with the clerk of
Council after the canvass by the De-
pgrtment of Elections are sealed and
are to be opened and reviewed by the
new Council.
This, he declared plainly shows that
the new Council is the judge of con-
tests affecting its membership. He all
so pointed out that the new Council in
past years had decided all contests.
1t was after o'clock when Mr.. Gray
had concluded. Judge Grubb then ask
ed: How soon do you want decis-
ion?"
MY client is in custody, and is de-
prived of his liberty" was the answer
of counsel for Mr.. Cloud.
COURTS UNANIMOUS FINDING.
The three judges then consulted for
a few minutes whereupon Chief JUS
tice Lore announced THE court is
unanimously of the opinion that this
man should be discharged from GUS
tody. The necessary order will be
made"
This decision was a knockout blow
for the Democrats and they filed from
the court house in silence. A number
of prominent Republicans, who were
present. congratulated Mr.. Gray upon
his able argument.
A curious feature of the whole pro-
ceeding is the fact that the Democrats
themselves brought about their own
defeat at the hands of the Superior
/ Court. Cloud. the witness taken into
custody, is a Democrat, and so is Mr
Hastings was associated with Mr. Gray
he had no voice in the argument Jo-
/ isiah o. Wolcott was associated with
Mr.. Harman and Josiah Marvel, at
torney for Mr.. Willis, sat nearby.
The finding of the court, in discharg-
ing Cloud, conclusively denied the
right of the present Council TO take
any steps whatever in the Willis-Ros'
contest. Messrs. Marvel and Wolcot
lquiekly decided TO Withdraw the petit
tion before Council and this was done
City Solicitor Harman who was in
structed by. Council to begin manda
mus proceedings in order to try anS
compel the Department of Elections t.
produce the poll book of the secon'
district of the First ward was unable
TO secure a Republican lawyer to re
sist such action in behalf of the De
lpartment of Elections and other mean
had to be taken to get the matter be
fore court. The arrest of Cloud wa
the result.
The City Council chamber wa
lcrowded last night when the body re
assembled. After City Solicitor Har
man had formally made known the ad
lverse decision of the court, Mr.. Mar
lvel announced the withdrawal of tn
lpetition. He said that Mr. Willis ha
filled his contest believing that he wa
proceeding according to law. An ef
fort had been made. he further said, {
get the counsel for Mr.. Ross to agre
to a case in court, but the offer wa
refused.
The habeas corpus proceeding wa
referred to, the decision in which show
ed that the present Council has n
right to act upon the contest. He ask
ed that the petition be withdrawn an
this was agreed to. Mr.. McCafferty
motion to adjourn was quickly adopt
ed and the incident was at an end.
During the evening there was som
talk of taking an appeal to the stat
I Supreme Court, but this was droppe
! in view of the decision of Chief JUS
tice Lore last week in the Hood Fare
case that there can be no appeal fror
a habeas corpus decision.