The Montgomery advertiser., 1905-05-25
FIGHT TAKEN
 INTO COURTS New Phase of Philadelphia
 Gas Lease Scrap. AN INJUNCTION ISSUED Officials Fired by Mayor Are
 ReinStated. Battle to Hitter End on Between Cfty's Chief Executive and Alleged Rob bers-weaver Says He
 Means Business.

Philadelphia. May 24--The gas Isase fight was carried into the courts to- day and in consequences the two direc-s tors appointed by Mayor Weaver last evening are out of office and the di- rectors who were dismissed have again taken up the duties of their positions Late in the day Mayor Weaver, ac~ companied by former Judge James Gar Gordon went to New York for con-s sultation with Elihu Root, the Mayors4 special counsel What the next move will be cannot be foreshadowed.
 The leaders of the Republican organization announce that their lines remain unbroken: that the gas lease will be passed over the mayors veto next week and that the lease will be put into operations
 The first movement of the day was the appearance before Judge Robert Rolston in common pleas court No. of attorneys for Peter E. Costello and David J. Smyth, the dismissed direc- tors, who applied for a preliminary in- junction against the mayor and A. Lincoln Acker and sheldon Potter, their successors in office. restraining Msssrs- Acker and Potter from assuming the duties of their respective offices and restraining the mayor and all other city employees from aiding them In carrying out such intentions. A Restraining Order. Judge Ralston granted a temporary restraining order and fixed next Mon- day morning as the time for the de- fendants to show cause why the snr' junction should not be permanent. The attorneys for the busted directors loat no time in the preparation of the papers to be served on the defendants. l The Mayor and Mir. Potter readily ac- I cepted service, but Acker at first re- l fused to recognize the papers Hs | remained at the desk vacated last nlgnr | by MT. Costello and refused to leave the office. The busted director left the office to begin proceedings to have him l obey the court order, but when he re- turned he found that Mir. Aeker had left | the office. Mir. Costello thereupon itonlS pessasston.
 As soon as the Mayors advisers had | learned of the action of the County
 Court they prepared to take the case to
 the State Supreme Court
 | Late this afternoon an appeal against
 the action of the lower court was fled | If the court entertains the application
 the case will be taken from the lower court The new directors were m of- | flee about two hours. The only ofhciaf
 act of Mir. Potter as director of public | safety was to receive the reports of po-
 lice lieutenants. He was introdaced 70 l all of Shem and made a-short speech m which he told them that each would bs l expected to perform loyal, honest and | faithful service.
 Mr. Acker as director of public ! works signed few warrants sent to | him from the bureau Of street ele'an- 1 ing which warrants the controller re- l fused to honor until the court proeeed- | ings shall have been terminated
 Mir. Weaver had little to say for pup1 lication. Regarding the injunction he l said: T am still the Mayor of the city l and am going to exercise all the l rights of my office. The injunction
 cannot prevent me doing my duty"
 Takes Personal Charge. | As an evidence of the view the Mayor
 takes of the situation. he ordered this | afternoon that matters pertaining to | the two departments requiring imm0~ 1 diate action be brought to his notice at l once, thereby assuming personal charge of those branches of the city goyern-
 ment pending the outcome of the legal | complications.
 One okfhe 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 orgauizatioa | leader, met all the ward leaders. Corr l missioner Durham said he had r~' aE ! 10 say ana ulu HUI ihlcno at dA1 VIE l time to enter into any newspap | troversy.
 Register of Wills Joseph H. mer, who was present at all the
 ferences, said:
 Every ward healer in the city called upon Commissioner Durham ~
 personally assured him of his supports Those who were supposed to be weak est were in reality the strongest in
 declaring that they would stand by the organization. The fight Is not en-
 tirely on the gas lease question; on
 the contrary, 1t Is now 8 fight between the mayor and the organization. It will be a victory for the organiza- l tfon."
 Counsel for Directors Pottee and | Acker filed an appeal in the supreme court late this afternoon from the de- cision of Judge Ralston, asking for 2 writ of supercedeas. No ;H;tion will be taken on the writ until tomorrow