Evening journal., 1905-06-27
DEMOCRATS MET
WITH SETBACK
Had to Continue Alleged
Councilmanic Contest I'm
til This Evening
STATEMENT OF CITY SOLICITOR

At last nights special session OF City
Council called for the purpose OF hearing
the contest OF George A. willis. the de-
foated Democratic candidate for Council
from the First Ward. city Solicitor Rob-
ert C. Hartman caused a surprise by do
claring that It was entirely within the
jurisdiction Of the present Council to hear
the contest and that IT'S decision was
final.
He gave a lengthy verbal opinion on the
matter and In conclusion said 1T IS my
honest opinion that the present Council
has entire jurisdiction In the matter. The
fact that the petition was filed within tho
thirty days limit and then date set by
Council for n hearing within the fifteen
days limit as provided for boy law, brings
the contest into the present Council. II
the petition filed by Mr.. Willis had been
filed ON June Is instead OF June 10 when
IL was filed, the contest would then have
been brought into the new Council
'Thore is nothing under the law TO pre-
vent contests from going into the old OF
new Councils but the time in which the
petitions are filed is a factor to be con-
sidered."
RECESS TAKEN UNTIL TONIGHT
Because many Of the witnesses SUM
moned by the attorneys for MIR. Willis
failed to respond to their names when
called. it was decided to take a recess UNI
IN tonight. 1t was also decided TO issue
attachments for the witnesses and te
enter mandamus proceedings in superior
Court today to compel the Board OF cleo
tlons TO surrender the polling book Of The
second election district Of the First War,
and other papers and documents bearing
on the case.
BY way Of starting the proceedings las
evening, Josiah Marvel, one OF Mr. Willis
attorneys, was requested by Presiden
McNulty TO state his case and process
with the contest Mr.. Marvel and Josial
Woicott. who Is associated with him Il
thc case Immediately walked within IN
railing which iucleses the seats Of IN
members Of Council ana the former thei
said:
1--WE have as you are aware fled on
petition. Council has set tonight for
hearing. but before I can state that W
are ready TO proceed / should like TO cal
my witnesses TO learn n they are here"
Mr.. Taylor. OF the Seventh Ward aszo
President McNulty whether the city so
llicltor. who had as yet failed to max
his appearance had not been asked 70 b
present and give his opinion. He though
that the city solicitors advice shoul
s.rfnr4IIFfnT lIfIfh fI
proceedings.
President McNulty said he understoo
Mr.. Hartman would be present and sal
he expected him.
'You said he would be here at our meei
ing last Thursday week." returned MI
Taylor
Mr.. Marvel was then given permlssio
by the chair TO call his witnesses Thor
was a list Of about fifty names and br
one-fourth answered. The entire Boar
Of Elections was summoned but only
ID. Chaytor was present. Many other r.,
publicans whose names we're called faile
to respond Mr.. Marvel then said that /
justice 20 his client he would ask Cour
Gil TO have attachments issued for thos
who had failed to answer to their nam,
and also compel the officers OF the Eie'
! tlons DosSrtmont to produce the electio
, book Of the Second district Of the cor
tested ward. which is now missing. ais
/ other papers and documents in connel
tion with the case.
: Mr. Taylor again ask the chair wheth'
1t would not be proper TO first hear NJ
Harmans opinion on the matter befoi
4 going into the contest. After this If yc
can produce convincing evidence, sal
Mr. Taylor. that Mr.. Willis is entitled
the seat / will vote TO seat him. on u
other hand IL Mr.. Ross and his frlen,
are only guilty Of things the other SID
did as we'll 1 win vote to seat Mr.. Ross.
Continued on Page Five)