The daily sentinel., 1909-04-22
FAILED TO PROVE
THEIR ACTS LEGAL
CONTINUED from page 80

II DeiteNe lIf. NihyOT, tilit you hrt
endeavoring an dhave endeavorcd TO
be fair and square. l have believed
it all along but the trouble is You are
getting legal advice that is not legal.
You are TO decide in this matter. Are
you afraid TO meet the issue? Do
you want to try to legalize Illegal
actions. l have the opinion of u num-
ber of attorneys, real attorneys l am
talking about now, and they are all
of the opinion that this council has
acted Illegally. 1t is up to you, Mr..
Mayor"
When Attorney McClintock had
finished his talk Alderman Drew
read a section of the 1907 law abso-
lutely controverting some of the
statements McClintock had made but
McClintock kept silent.
Then Alderman Gasho moved that
the minutes be not adopted. Drew
seconded the motion. The vote stood
to 4. Mayor Lee voted No on the
question and the council had gone
on record as refusing to decline to
adopt illegal records of illegal trans
actions.
Then Campbell. the great ''shut-
OUT expert woke up for the first
time during the evening and moved
that the minutes be adopted. Magill
aroused himself sufficiently to sec
ond the motion. The vote was 4 to A
and the mayor voted Yes" and the
farcical effort to legalize the illegal
actions had been completed.
'Do l understand that this means
we are TO contest, that it is up to
| fight in the courts" asked Gasho.
Mayor Lee: .If the acts were un-
| lawful they are still unlawful and
subject to attack"
~ just want to know where we
stand" said Gasho.
~ now move to amend the minutes
so that where the results of the votes
are referred to the words will read,
declared not elected in stead of
declared elected said Gasho. Aid
erman Drew seconded the motion.
Alderman Magill, after by Heck"
McClintock had run to him from his
high perch on the desk of the police
magistrate. declared that Gashos mo-
tion simply meant a reconsideration
of the vote and that would have to be
made by some member who had
voted "yes."
at is not reconsideration 1 ask
for but simply an amendment to put
the minutes on legal basis
| Mayor Lee called for vote on the
motion and the vote stood to and
the mayor voted mo" and the
| amendments were lOSl.
The clerk then read applications
for plumbers licenses from G. w.
Patterick, C. T. Trobitz. J. e. Nc
Kenzie. G. w. Fletcher. After some
discussion they were allowed to go
over until Tuesday night.
Bonds of j. II. Hill, Lacy McCIin-
tock, e. L. Faulkner, Thomas RAIDER,
G. NJ. Crawford, II. f. Vorbeck, l.. ].
Chapman, were presented and refer
red to the finance committee.
A communication from Rev. J. III.
Smith, of the African Methodist
| Episcopal church, requesting the
council to remember the colored peo-
pie in employing help, especially
worthy men who as porters in the
saloons had been thrown out of work
by the closing of ths saloons. aroused
considerable interest.
Then communication from "Po-
lice Magistrate" John II. Hill request
ing that j. F. Byers be permitted to
serve as police magistrate for sew
eral weeks that Mr.. Hill would be
out of the city was read.
At once Alderman Gasho entered
protest to this most unusual and
| illegal proceeding. He declared that
John H. Hill is not the police magis-
trate of the city. that he was not
legally elected to the office, further
more that John II. Hill had no right,
even If he were police magistrate to
dictate who should be appointed.
Alderman Drew declared that
John II. Hills bond had not even
been approved yet and therefore he
was not an officer under any con-
sideration and that it was folly for
him to make such n request.
Alderman Gasho then declared,
IF this is not simply an attempt to
continue to choke Off everybody
who sides and stands with one por-
tion of the council why didn't j. H.
Hill, in a manly and usual manner.
suggest that the present police mag
istrate, c. b. Hill, be allowed to con-
tinue in the office until he o. II.
| HID returns? No 1t is simply an
other effort TO hog things" Not
word was said on the subject by
Magill, Campbell. Derryberry or Nc
Cary.
Alderman Drew moved that the
communication be turned down and
the request be not granted. Holman
seconded the motion. However Ma
gill, Campbell, McCary and Derry
berry voted against this motion and
went on record favoring another
rank violation of the law.
But the four last named gentlemen
did not have the support of Mayor
Lee in this raw piece of work. The
vote stood A to A and Mayor Lee
voted Yes on the motion and
Campbell, Magill. ct al. had received
another rebuke in the shape of
conflicting vote from their mayor.
AS far as he can, without breaking
the bounds put on him in caucus by
Campbell, Magill and other leaders
of the anti-saloon organization,
Mayor Lee tries to deal squarely and
fairly and several times he has de-
clined to vote with Magill, Camp