The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-25
Mayor Weaver Makes. Flying
Trip to New York
ORGANIZATION STANDS PAT
Rumors That Philadelphia Gas Com
pany viii Withdraw offer In
Face of Public Sentiment
Is Denied.

Philadelphia May 24.-The gas lease
fight was carried into the courts today
and in consequence the two directors ap-
pointed by Mayor Weaver last evening
are out of office. and the directors who
were dismissed have again taken up the
duties of their positions. Late in the
day Mayor Weaver, accompanied by for
mer Judge James Gay Gordon, went to
New York for consultation with Elihu
Root, the mayors s special counsel, What
the next move will be, cannot be fore
shadowed.
The leaders of the republican organiza-
tion announce that their lines remain
unbroken; that the lease will be put into
operation.
Preliminary injunction Granted.
The first movement of the day was the
appearance before Judge Robert Ralston
in common pleas court No. of attorneys
for Peter e. Costello and David j. Smyth,
the dismissed directors. who applied for
a preliminary injunction against the
mayor, and a. Lincoln Acker and Shell
don Potter their successors in, office, re-
strasG eszhsssAe er and 'ss1ree<from
assufhifAsh a duties~of their respective
offices, and restraining the mayor and all
other city employees from aiding them In
earring out such intentions. Judge Rals-
ton granted a temporary restraining or
der, and fixed next Monday morning as
the time for the defendants to show cause
why the injunction should not be per-
manent. The attorneys for the ousted
directors lost no time in the preparation
of the papers to be served on the de-
PENDANTS.
The mayor and Mr.. Potter readily ac-
cepted service, but Mr. Acker at first
refused to recognize the papers. He re-
mained at the desk vacated last night by
Mr.. Costello, and refused to leave the
office. The ousted director left the Of
flee to begin proceedings to have him
obey the court order, but when he re-
turned he found that Mr.. Acker had
left the office Mr. Costello thereupon
| took possession.
In Office About Two Hours.
THE new directors we're in office about
two hours. The only official act of Mr.
Potter, as director of public safety, was
| to receive the reports of police heuten-
| ants. He was introduced to all of them,
| and made a 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 few warrants sent to him from
| the bureau of street cleaning, which war
rants the comptroller refused to honor
until the court proceedings shall have
| been terminated
Mr.. Weaver had little to say for publl-
cation. Regarding the Injunction he said:
Il am still the mayor OF the city and
am going to exercise all the rights OF
my office. The injunction cannot pre-
vent my doing my duty
| AS an evidence of the view the mayor
| takes of the situation, he ordered this
afternoon tht matters pertaining to the
| two departments requiring immediate ac-
| ton be brought to his notice at once,
| thereby assuming personally charge OF
those branches of the city government,
pending the outcome o. the legal compli-
cations.
Important Caucus Held.
One of the most important gatherings
| of the day was that held In the office of
| United States Senator Penrose where
State Insurance Commissioner Israel w.
| Durham the republican organization
leader, met all the ward leaders 1t was
reported Mr.. Durham said he had nothing
TO say. and did not intend at any future
time to enter into any newspaper contro-
versy.
Register of Wills Joseph II. Klemmer,
who was present at all the conferences,
said:
Every ward leader In the city has
called upon Commissioner Durham m and
personally assured him of his support
| Those who were supposed to be weak
were in reality the strongest in declaring
tnat they would stand by the organiza-
ton. The fight is not entirely on the gas
lease question. on the contrary 1t is now
fight between the organization and ths
| weaver-Gordon element. As to the out
come there can be no doubt. 1t will be
a victory for the organization"
Rumor of Withdrawal
There was a rumor afioat this after
noon that the United Gas Improvement
company, which corporation wants tc
lease the gas works. has decided to with
draw its offer This, however, was de
MED. The rumor that an extra session
of the legislature would be held to pass
a ripper bill, taking from the mayor
the power of appointing heads of depart
ments. was also denied. Governor Penny.
packer said today that he knew nothing
about an extra session.