Evening journal., 1905-06-28
sCOunseIsfOr Willis Drop
ped the sCOntest Before
Present City Council,
After Unanimous Ad-
verse 'DecisiOn by Su-
periOreCOurt
In DispOslng Of Habeas
Corpus Proceeding, the.
Court Decided That the
Contestant Had No
Basis Whatever for
His Action

The old saying IF I am so soon done
for, what was 1 begun for, applies with
particular force to the Democrats in
their pretended contest for the seat in
City Council from the First ward to
which Howard d. Ross was elected.
Ignoring the advice given by unpreju-
diced persons, the leaders in the al
legged contest persisted in their efforts
to thwart the will of the people, with
tle result, as was anticipated, that
they were routed completely.
It seemed unnecessary for the ecourt
to give a decision on the well-estab-
lished rule that each body is the Judge
of the qualification of its own MEM
bers, but the Democrats kept on in
their ill-advised course until finally
the Judges of the Superior Court
shortly after o'clock last evening
gave a ruling on the question. It was
a unanimous finding by Chief Justice
Lore and Associate Judges Pennewill
and GrubbN and was against the DEM
ocrats. While the Republicans had
no doubt as to the outcome, they did
not expect such an early and sweep
ing victory.
The court, as a matter OF fact. did
not hesitate in pronouncing the Demo-
cratic contention invalid, and with this
decision the Willis contest fell fiat. II
was a funereal Democratic assem-
blage in the City Coilncil chamber last
night when the attorneys for the con-
testant withdrew the petition anc
dropped the whole affair. Mr.. Ros:
will therefore take his seat and Coun-
Gil will, for the next two years, at least
be controlled by Republicans. 1t is one
thing to attempt to deny the people
their rights, but quite another thing tC
accomplish it.
City Council win meet for organiza.
tion on Saturday evening, with sever
Republicans and six Democrats com.
posing the membership.
The question was brought before th'
court. as was stated in The Eveninl
Journal yesterday, on. an application
for a writ of habeas corpus to secure
the liberation of Walter S. Cloud, al
election inspector in the First ward
who was arrested yesterday by Bailif
Harry Pizor for falling to obey a sub
poena to attend the session Of Cit.
Council on Monday evening.
MR.. HARMANS ARGUMENT.
When the case was resumed befor
the court at p. m, City Solicitor Har
man made an extended argument. HI
contended that either the old Council
or the new Council could pass upon
contest for a seat in the latter body
the time of the filing of the petition
determining which Council shoull
hear the case. Mr.. Harman lai
stress upon the section of the cit,
charter which states, that a contest
ant shall file his peti ton within thirt
days after the date of election and tina
Council shall name a, time, not les
than ten days nor more than fiftee
days. in which the case shall be heard
AS the time limit for hearing tn
Willis contest expired before the be
ginning of the new Council, Mr.. Har
man urged that the present body ha
Jurisdiction. He said much depende
unon the construction placed upon tn
word said" before the word Council,
and argued that it applied to the old o
present Council and not to the ne'
Council. whether the Legislator
that framed the law acted wisely o
unwisely is not for ,me to sAT.' he add
ed. but the law to my milfd is clear.
The CITY solicitor had made sumi
lar argument before the court carrie
In the afternoon When the case wa
continued until o'clock, Andrew {
Gray, who represented Mr.. Cloud, an
nounced that Deputy Attorney Gener,
Daniel o. Hastings would be assocl
ated with him.
A CONVINCING REPLY.
Mr.. Gray in replying TO Mr.. Harmai
made a statement that was logici
throughout 1t was so convincing,
fact, that the court reached decisio
in his favor within a few minutes. II
predicated his argument upon the ae