Evening journal., 1909-07-29
Council Declared DR.. Almond
And BIB. Allen Elected De.
spite Superior Court Writ
DEMOCRATS HAD CUT
AND DRIED PROGRAM

night completed the job they set out to do
when the contests for the offices OF clty
treasurer and member Of Council from the
Second ward were filed after the city elec-
ton. by Dr. &. NJ. Almond and B. b.
Allen. Mr. Allen was seated as mem-
Der of Council. taking the seat Of Council
man Walter Rash. who was the regularly
elected candidate for that office. CITY
Treasurer Howard ID. Ross was also de-
clared Illegally elected. Neither Mr.. Ross
nor his counsel was present. Mr.. RASH
however, was in his accustomed seat but
in one of the recesses taken and before
Mr.. Allen was sworn in, he left the Coun-
Gil chamber.
The end of the Council proceedings was
reached last night and one thing after
another came Off with such precision that
a prearranged program could not have
been gotten up better. Resolutions were Of
fered one after the other and to add to
the interest of the proceedings, the Coun-
cihmen from the president down, including
Clerk Thomas S. Lewis, were served with
writs issued from the Superior Court COM
manding them to produce all the books
evidence etc, in connection with both con-
test proceedings in that court on Septem-
ber CO.
The serving of the writs came as sur
prise and for a time the proceedings were
halted because Of a difference OF opinion
as TO what the documents meant. Frank l..
Speakman, former prothonotary, was
among the spectators and after the writs
were served he expressed the opinion In
the presence Of some of the Republican
and Democratic councilmen and others,
that the councilmen by continuing with
the proceedings placed themselves in con-
tempt Of court This opinion was not held
by several Democratic lawyers present.
however. and it was decided TO proceed
with the meeting.
Were in Fear of Contempt.
The Republican councilmen from this
time on did not take part in the proceed
ings on the ground that they did not wish
10 place themselves in a position to be ad-
Judged IN contempt of court. For this
reason Clerk Lewis declined to administer
Nhe oath of office to Mr.. Allen when the
proceedings had reached that stage. John
4 Monaghan. former Council clerk, came
10 the rescue. however, and as a notary
. he filed the bill.
Following the taking of the oath by Mr.
Allen, Council did not ballot for city Of
fcers as was expected, but took recess
until this evening.
Introduced Resolutions.
The proceedings last night began by Mr.
McGovern of the Eleventh ward, introduc-
ing two resolutions, one declaring DIT
? Almond elected as city treasurer and the
other containing practically the same
wording, but with reference TO the con-
test for the office OF member of Council
from the Second ward.
The first resolution presented was thai
erecting the office of city treasurer. Mr.
AfcGovern moved that it be adopted re
corded and filed.
An ave and nay vote was called resulting
I'm eight Democratic yeas and four Re
publican nays In voting in the negative
Mr. Taylor Of the Fifth ward said tina
It appeared to him from the city charte
that Mr.. Ross had to be personally serve'
with papers and this, so. far as he coul'
learn, had not been done.
The resolution oustng Rash was then Of
fered and on motion of Mr.. McGovern
IL was adopted. recorded and fled, but no
until after some discussion was indulge
in. Before It was adopted Mr. Benson, o
the Seventh ward offered a substitute res
olution which set forth that Mr.. Rasl
had been legally elected He moved tina
the substitute be received, recorded an
fled.
Mr.. McGovern moved that the substl
tute and motion made by Mr.. Benson b
laid on the table.
MIR. McMullin of the Twelfth ward, sal
that if Mr.. McGoverns motion was passe
snch action would give Mr. Rash or hi
friends no opportunity to discuss the que'
tion.
Mr. Dempsey of the First ward, favore
allowing the question to remain open fc
debate.
Mr.. TAYLOR said that Mr.. McGovern
morton was perfectly proper and was nc
debatahle.
Substitute Laid on Table
a vote on MIR. McGovern's motion to la
,ho substitute on the table was then take
resultinr i'm a vote of seven ayes an
four nays. Mr.. Taylor at first voted ay
but afterward changed 1t to no MT Isl
derback. of the Ninth ward was not pre-
ont when this vote was taken oul arrive
later Mr.. Rash did not vote
President Banning at this stage nIorh'
Mr.. Benson that he could present MS a
eument on the substitute resoiu'loh- Ni
Benson then took up several points col
tanned in the substitution showing Wne
votes cast for Mr. Rash had been deolu'
against him on the ground that they we
illegal, whereas il was shown during u
hearing that they were legal. He reterr'
particularly to PARROT Hamilton Geor'
Benton. Isaac Booth, William scott al
John II. White.
Mr. Bilderback made the contention IN
the evidence of the five colored men WI
had testified that they had voted the per
ocratic ticket should be disbarred. lie sa
that others had testified that these n
men told them they had voted the Repu
lican ticket.
! "lf these votes are not 10 be count
for one party they should not be for I
other" declared Mr.. Bllderbach. 'ri
evidence is just as great against as fol
Mr.. McMullin said he could recall b
one mans evidence against the testimo
of the five men.
In referring to Benton and Booth, e.
dence having been offered by the Dem
Gratis during the hearing that they h
given up their houses in the Fourth d
trict Of the Second ward. Mr.. Bens
asked the question whether Il might r
have been possible for these men to ha