The daily morning journal and courier., 1905-05-25
GAS LEASE FIGHT IS l CARRIED INTO COURTS
DISMISSED DIRECTORS RESUME THE DUTIES OF THEIR
 POSITIONS.

|
 Preliminary Injunction Against May
 or Weaver and Their successors-
 Latter Restrained from Performing
 the Work of the offices-Republfcan
 Ring Determined.
 Philadelphia, May 24.-The gas lease fight was carried into the courts to- day and in consequence the two direc- tors appointed by Mayor Weaver last evening are out of office and the direc- tors who were dismissed have again taken up the duties of tbeir positions. Later in the day Mayor Weaver accom- panied by former Judge James Gay Gordon, went to New York for consult tation with Elihu Root, the mayors special counsel. What the next move will be cannot be foreshadowed. The leaders of the republican organization announce that their lines remain un- broken. that the gas lease will be pass ed over the mayors veto next week and that the lease will be put into opera tion.
 It was another exciting day around the city hall, the storm center of the controversy. Events moved rapidly. The first move of the day was the appearance before Judge Ralston in common pleas court of attorneys for Peter B. Costello and David J. Smyth, the dismissed directors, who applied for la preliminary injunction against the mayor and A. Lincoln Acker and Shell don Potter. their successors in office. restraining Messrs. Acker and Potter from assuming the duties of their re- spectiye offices and restraining the mayor and all other city employees from aiding them in carrying out such irten- tion Judge Ralston granted a tempo- rary restraining order and fixed next Monday for the defendants to show cause why the injunction should not he made permanent. The mayor and his two directors were informed of the ac- tion Of the court within a few minutes after the injunction was granted and they were not surprised when the pas pers were served on them.
 The mayor and MT. Potter readily ac-E cepted service, but MT. Acker at first refused to recognize the papers. He remained at the desk vacated last night by MT. Costello and refused to leave the office. Costello left the office to begin proceedings to have him obey the court order, but when he returned he found that MT. Acker had left the office. Mir. Costello thereupon took possession. 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 and late to-day an appeal against the action of the lows 1 CT court was filed.
 The new directors were in office about two hours. All morning stream Of visitors had been calling to congratu- Hate them. After the new directors went out and the old officials went in, visitors were still arriving.
 The only official act of Mir. Potter's was to receive the reports of police llieutenants. He was introduced to all lof them and made a short speech in (which he told them that each would lbe expected to perform loyal, honest land faithful service. s MT. Acker, as director of public works signed few warrants sent to him from the bureau of street cleaning, which warrants the controller refused tos honor until the court proceedings shall have been terminated
 Regarding the injunction. Mayer
 Weaver said: T am still the mayor of. the city and I mean to exercise all the rights of my office. The injunction cafls
 not prevent me doing my duty"
 The leaders of the organization were
 in conference all day and sconference1
 were held tonight. One of the most
 important gatherings of the day was
 that held in the office of United States
 Senator Penrose, where State Commits
 sioner Israel W. Durham, the repub- lican organization leader, met all the lWard leaders.
 1 The committee of nine held a meeting
 to-day and arranged for a mass meet ling to be held in the Academy of Music
 Friday night. Among the speakers Twill be former Postmaster General lCharles Emory Smith and Bishop Co., ladjutor Mackay-Smith, of the Protest- Eant Episcopal diocese of Pennsylyallia-