Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-24
Republican Leaders of Phila-
delphia to Fight Weaver.
PLAN BITTER CONTEST
BOTH SIDES ARE ORGANIZING
THEIR FORCES.
Case to Be Carried Into Courts if Coun-
Gil Passes Gas Lease Bill Over
Mayors Veto.

PHILADELPHIA Pa, May 24 - 1nsur-
ance Commissioner Durham and other re-
publican leaders have taken up the gauge
thrown down by Mayor Weaver, and are
forming their lines for fight that will
doubtless be to the bitter end. Mr.. Durham
was in conference with his licutenants until
early hour this morning, but none of the
parties to the conference could be induced
10 speak of the plans discussed by the "or
ganization' leaders.
1t was limited. however, that extra
session of the Legislature might be called for
the purpose of making the Philadelphia
ripper bills, passed during the recent ses-
sion. Immediately operative. These bills
take from the mayor the power to appoint
the directors of public safety and public
works and place ii in the hands of city
councils Under he act of the last legis-
lature the law does not become operative
until the incumbent mayors term expires
in April, 1901. 1t is not generally believed.
however, that the governor or the members
of the legislature outside of Philadelphia
would approve this plan.
Mayor Weaver reached his Office about
$3.50 o'clock today. and few minutes later
announced that Col Sheldon Potter had
taken the oath of office as director of pub
lie safety to succeed David ]. Smyth, re-
moved Prior to the mayors arrival former
Judge Gordon. who is associated with Elihu
Root of New York as private counsel for
Mr. Weaver called at the latters office
He declined to discuss the object Of his
visit
II the city council passes the gas works
lease over the mayors veto which is prob
able. an appeal will Immediately be made
to the courts to prevent the consumnlation
of the lease, and legal war Will follow,
which will probably not end until the
United States Supreme Court has passed on
the merits of the case
In this event the services of Mir. Root,
Judge Gordon and other legal talent will be
at the mayors disposal.
Arthur r. H. Morrow. assistant director
OF public supplies, who was suspended yes
terday but declined to accept the suspen-
sion on the ground that no cause had been
assigned for it. was not al his Office at the
usual hour today, Nj, Morrow is the re-
publican leader of the 2jth ward.
Shortly before 10 o'clock he conference
of the leaders with United States Senator
PenroSe, which was in session al of yester-
day and last night, was resumed.
Temporary Injunction Against Mayor.
The political situation assumed a new
phase today when Director Of Public Safety
Smyth and Director Of Public Works Cos
teilo, who were removed from office yes
terday by Mayor Weaver were granted a
temporary injunction by Judge Ralston in
common pleas court, restraining the mayor
from removing Inen from Office, and
an injunction against Col. Sheldon Potter
and a. Lincoln Acker, their success 1rs
from performing lie duties of their respec-
tive offices.
Argument on the Injunction will be heard
next Monday.
Application for the injunctions was basel
on these words until our successors has
qualified" which were part of The letters
OF resignation of Smyth and Costello, for
warded to the mayor yesterday. The de-
posed directors claim that their successors
cannot qualify until they have been CON
tlrmed by city councils and their bond has
been accepted.
Former Judge Gordon Of counsel for
Mayor Weaver. intimated in conversation
today that the injunction proceedings were
too late; that the mayor cannot be en-
joined from doing a thing which he has al
ready done. 1t was further sta ted that
the mayor is backed up by section Of ar
ticle of the constitution of Pennsylvania.
which reads, appointed officers, other than
judges Of courts of records and supeilnten-
dent of public instruction. may be removed
at the pleasure of the power by which
they shall have been appointed
The writs We're served upon the mayor
and his new directors shortly after noon.
Counsel for the mayor said that this pro-
ceeding completely tied up the whole city
government until the injunction proceed
ings had been disposed of on Monday.
David J. Smyth, former director of public
safety. filed a petition in the court of COM
mon pleas today asking for an injunction re-
mayor weaver from removing MN
from office, and also for an injunction re-
straining Col. Sheldon Potter from acting as
director of public safety.
The same proceedings were taken by Peter
e. Costello, former director of public works,
against the mayor and a. Lincoln Acker,
who was appointed to the office yesterday
by the mayor
Judge RalstOn granted temporary in
junction restraining Mayor Weaver from re-
moving Directors Smyth and Costello from
Office and set Monday May %, as the date
for argument on che injunction.