New-York tribune., 1905-05-28
WEAVER WINS HIS FIGHT
Continued from 6rst page.

departments. are still to come up for argument
and the leaders will make a determined effort to
have the temporary injunction made permanent
The temporary Injunction. issued by the Com
mon Pleas Court, was rendered imperative by q
writ of supersedeas procured by the Mayors
counsel from the Supreme Court. Chief Justice
Mitchell, OF the higher court, has. however. sent
the case back to the lower court for argument
and the supersedeas is in effect only until the
question OF the injunction has been decided by
that tribunal
Since last Tuesday when the Mayor created
the first sensation by ousting Directors Smyth
and Costello. great pressure has been brought to
bear on the Councilmen by both sides. and one
by one, members of Councils who originally voted
for the lease began to show disposition to ac-
cede to the wishes of their constituents, and to-
day, with almost week intervening before the
lease should come up for final action the Mayor
required only seven votes in Select Council and
ten in Common Council to sustain his Veto
1t became evident that the leaders were losing
control of Councils, but they were saved from
putting their strength to the direct test when
the United Gas Improvement Company withdrew
its bid. Commissioner Durham, State Senator
McNichol and Councilman Seger held a two
hours conference with President Dolan with the
result that they officially assumed the responsf-
bility of Withdrawing the lease.
State Senator David Martin called on the
Mayor and Informed him of the decision to with
the information that the Mayor had agreed to
the withdrawal Mr.. Dolan's letter was then
made public.
DURHAM HAS NOTHING TO SAY.
In answer to questions Mr.. Durham said:
We have no statements whatever to make in
regard TO the withdrawal of the new gas lease
by the United Gas Improvement Company
The leaders left here for Atlantic city, n J.,
tonight and conference will be held there to
10
Mayor Weaver said:
consider this great triumph for the people
I have not yet considered how this will erect
local or State politics. I may add that have
not yet considered whether the fight will be
continued or not
Ex-Director of Public Safety Frank NJ Ritter
was among the first to congratulate the Mayor
He said:
This is great victory for the Mayor. He has
earned the gratitude Of the people; without him
the fight could not have been won.
Seven councilmen who voted for the lease to-
day told the Mayor that they would support him
in final action on the resolutions. One of these
was Joseph B. Edwards. considered one of the
strongest organization" members of the legis-
lative body
1t was announced by the judges of the Com
junction proceedings as nst the Mayor and md Di- 5i
rectors Potter and Aclor would be postponed
from Monday until Wednesday on account of the
death OF Justice Dean Of the State Supreme
Court.
Joseph C. Auerbach, of the New-York law
firm of Davies, Stone & Auerbach visited Mayor
Weaver in his Office to-day. Mr.. Auerbach
stated that his firm had been retained by the
Committee of Seventy in the fight over the gas
lease and that the firm would work in harmony
with Elihu Root, who is representing Mayor
Weaver.
General satisfaction was expressed throughout
the city when il became known that the gas
lease offer had been withdrawn. Mass meet
ingS which had been arranged in many wards
TO protest against the lease were largely attend
ed, and the Mayors victory was the subject Of
all of the addresses.