The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1907-01-25
LEGAL OPINION
FOR UPPER BOARD
On Qualification of Alderman
Smith to Vote
Republicans Decline to Gamble Away
Their Advantage or Go "Halves'
On IL.
THEY ADJOURN UNTIL TONIGHT.

Something may be doing tonight
in the race for the presidency of the
aldermanic board, when the board
convenes at 1880 O'Clock to receive
the opinion of the city solicitor re-
garding the qualification of Alder
man Smith to vote before the board
is organized and receives him in due
form. When the board reconvened
this morning at o'clock pursuant to
recess taken last night, City Clerk
Bailey informed the board he had
left the matter to City Solicitor Camp
bell and another recess was taken
until tonight.
Refused TO Deal.
After futile attempts on the part
of the Democratic members to "split"
honors and to gamble for the presi-
dency of the board of aldermen last
night, the board adjourned at 9:15
o'clock until this morning at o'clock
to give Clerk Henry Bailey time to
consult attorneys as to his duty to
pass on the qualifications of Alder
man Smith, appointed by the mayor.
At 1880 o'clock Clerk Bailey called
the roll. Three Democratic alder
men, Baker, Stewart and Smith be-
ing present. The Republican mem
bers had not arrived There being no
quorum, the meeting was declared
adjourned and Clerk Bailey put on
his coat and went down stairs, de-
claring he had done his duty and
that the regular meeting" was ad-
journed.
The Republican members arrived
at 1886 o'clock Clerk Bailey was
prevailed upon by Democrats, and at
7:45 O'Clock called the board to or
der, Alderman Hannah being absent.
Alderman Hubbard explained that
the meeting was regular and no per-
sons in nomination. Alderman Han
nan, Democrat, and Alderman Palmer
Republican, were nominated. Alder
man Hank nominated Alderman
Chemblin. and ba.loting began.
The first ballot resulted: Palmer.
3; Hannah, 8, and Chamblin, 1, the
Republican members voting for each
other. Eight more similar ballots
were taken.
Alderman Stewart suggested in a
lengthy speech that the members
'split" the honors, a Republican pres
ident, to be selected by the Demo-
Gratis, to serve the first six months
and a Democratic president selected
by Republicans. to serve the last six
months This was voted down, after
an animated controversy between
Mayor Yeiser and Alderman Harry
Hank.
Alderman Hank stated that this
method of settlement was proposed
at the outset, but that the Repubi
cans refused because the Democratic
members were not all elected by the
people, one being seated through
''trickery"
Mayor Yeiser took It that he had
been personally assailed and was
rather caustic in his remarks: but
the incident was closed by Alder
man Hanks explanation that he did
not mean the mayor.
Alderman Stewart then proposed
to ''flpp a dollar to decide the hon
ors. This was refused, too, It being
not provided for in parliamentary
rules, and anything but dignihed.
AT this juncture Alderman Palmer
raised the point of Alderman Smiths
eligibility. When Alderman John
W. Little. elected by the people, was
prevailed upon to resign Mayor Yei-
ser appointed Mr.. Smith before the
board was organized, and Alderman
Palmer expressed doubt whether Mr.
Smith could be legally seated until
the organization was effected and the
mayors appointment was ratified. He
asked Clerk Bailey, as chairman of
the meeting, TO pass on the point.
Il declare the motion out Of or
der" was Mr.. Bailey's ruling.
Alderman Palmer insisted it was
no motion, but the clerks duty TO
pass on the eligibility of Mr.. Smith.
Bailey again declined to act. and was
told that he failed to do his duty.
"Then have me impeached." was
the rejoiner
Clerk Bailey, after a conference
with several party leaders. declared
a recess until s o'clock this morning
in order to consult lawyers on the
point raised.