Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1909-02-18

nesses in his behalf, and failed TO
offer any testimony whatever, and
failed TO be heard by council at said
hearing, in fact he did not take any
part in the proceedings whatever, af-
ter the filing of the complaint.
THIRD: That said proceedings
were prosecuted by Mr.. Geo. P. Ham
brecht, City Attorney, and Mr.
Charles E. Briere, Jr. an attorney
at law, and one of the members of
the said Common Council, in behalf
of said City and said Common Coun-
ell.
FOURTH: That the said Charles
E. Briere, Jr. after being actively en-
gagged in the prosecution of said pro-
ceedings, in behalf of said City and
said Common Council, at the conclu-
sion of said pretended hearing illeg-
ally voted on the adoption Of the
said resolution of February Sth, 1909.
FIFTH: That there was no testi
mony, or evidence of any kind or
description, offered or adduced at
said pretended hearing, that the Of
tense of permitting gambling within
the premises of your petitioners, or
any appendage thereto, had been com
mitted by your petitioners, or eithel
of them, as alleged in the complaint.
SIXTH: That there was no evil
dence of any kind or description ad-
duced at said hearing warraEting the
passage and adoption of the said reso
luton of February Sth, 1909, hereto
fore referred to, in any reasonable
review of said evidence.
SEVENTH: That one of the ma
terial and essential allegations of the
complaint heretofore referred to, and
the basis of said proceedings was,
that the complainant Fred Staff was,
at the time of the making of sail
complaint, "a resident of said City"
and that at said pretended hearing
there was no evidence or testimony
Of any kind or description adduced
to establish said allegation, and the
proof failed entirely to prove or es-
tablish that the said complainant was
is. or ever had been a resident of
said city.
EIGHTH: That there was no evil
dence or testimony of any kind or de
scription adduced at said pretended
hearing warranting the finding by the
said Common Council, that the allie
cation of the complainant heretofore
referred to, to-wit: that the said
Fred Staff the complainant, was at
the time of the making such. COM
plant, a resident of said City" in
any reasonable review of said evil
dence, and that the said complaint,
was and is a material and necessary
allegation of said complaint.
NINTH: That there was no evil
dence adduced at said pretended hear
ing, tending to establish the truth of
the allegations of said complaint.
TENTH: That there was no evil
dence adduced at said pretended
hearing warranting the members of
the said Common Council in finding
the allegations of the said complaint
were proven true, in any reasonable
review of said evidence.
ELEVENTH: That the said pre-,
tended hearing and all the proceed
ings were had and conducted on the
theory that it was a proceeding of
the said City by it's Common Council
VS.. the REALTORS, instead of a proceed
ing by Fred Staff, the complainant,
VS.. the REALTORS, and the said Com
mon Council did not act fairly and
impartially, but were predjudiced and
biased, and acted arbitrarily and il
legally throughout the proceedings
and especially when exercising the
quasi-judicial duty of said council in
passing on the testimony adduced at
said pretended hearing and in voting
on the resolution of February Sth,
1909 heretofore referred to.