The Irish standard., 1905-05-27
0USTED OFFICIALS
secure INJUNCTION
THE MEN REMOVED BY MAYOR
WEAVER INVOKE AID OF
THE JUDICIARY.
NEW PHASE IN THE
PHILADELPHIA FIGHT
Proceeding Ties Up Entire City Gov
ern1nent Until Matter Is Disposed
Of-Hint at Extra Session of the
Legislature.

Philadelphia, May 25.-The political
situation assumed new phase
Wednesday when Director of Public
Safety Smyth and Director of Public
Works Costello. who were removed
from Office Tuesday by Mayor Weaver,
were granted temporary injunction
by Judge Ralston in common pleas
court restraining the mayor. from re-
moving them from office, and also an
injunction against Col. Sheldon Pot
ter and A. Lincoln Acker. their sue
cessors. from performing the duties of
their respective Offices. Argument on
the injunction will be heard next Mon
day.
Application for the injunctions was
based on these words until our sue
cessor has qualified" which were a
part of the letters of resignation of
Smyth and Costello. forwarded to the
mayor Tuesday. The deposed di-
rectors claim that their successors can
not qualify until they have been con-
firmed by city council and their bond
has been accepted.
Former Judge Gordon. of counsel for
Mayor Weaver. intimated that the in
junction proceedings were too late;
that the mayor cannot be enjoined
from doing a thing which he has al
ready done. 1t was further stated that
the mayor is backed up by section
of article of the constitution of Penn
,r,1,; ;n1, I~ -
ficers. other than judges of courts of
record and superintendent of police
instructions. may be removed at the
pleasure of the power by which they
shall have been appointed"
City Government Tied Up.
The writs were served upon the
mayor and his new directors shortly
after noon. Counsel for the mayor
said that this proceeding completely
tied up the whole city government I'M
til the injunction proceedings had
been disposed of on Monday. Counsel
for Mayor Weaver. it was stated, will
ask the Pennsylvania supreme court
to quash the injunction proceedings.
Late in the afternoon Directors Cos
tello and Smyth attempted to resume
charge of their respective Offices, max
ing the announcement that they took
court. A. Lincoln Acker the new di-
rector of public works. refused to re-
linquish his Office. Counsel for Cos
tello say writ Of attachment will be
issued and that Acker will be charged
with contempt of court.
Mayor Weaver. accompanied by his
Philadelphia counsel. Judge Gordon
and George S. Graham. left in the
afternoon for New York. presumably
to consult with Elihu Root. Mr.. Ora.
ham is a former district attorney and
leading lawyer of Philadelphia.
Plan for Extra Session.
Mr.. Durham was in conference with
his lieutenants until early Wednesday
morning. but none Of the parties to
the conference could be induced to
speak of the plans discussed by the
organization leaders. 1t was hinted
however, that an extra session Of the
legislature might be called for the pur-
pose of making the Philadelphia Grip
per" bills, passed at the recent session,
operative Immediately. These bills
take from the mayor the power to ap-
point the directors Of public safety
and public works and place it in the
hands of the city councils Under the
act of the last legislature the law does
not become operative until the incum-
bent mayors term expires in April
1907. 1t is not generally believed that
the governor or the members of the
legislature outside Of Philadelphia
would approve this plan.
Legal War Likely.
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
latter's Office. He declined to discuss
the object of his visit. If the city
council pass the gas works lease over
the mayors veto, which is probable
an appeal will be made to the courts
to prevent the consummation of the
lease and legal war will follow
which probably will not end until the
United States supreme court has
passed on the merits of the case. In
that event the services Of Mr.. Root,
Judge Gordon and other legal talent
will be at the mayors disposal.