The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-09-20
BID AD|EU TO
THE COUNCIL
Dramatic Ending of the Life of
Old City Fathers on Mon
day Morning
PREVENT USURPTION
POWERS COMMISSION
Superior Court Issued Order Pro-
hibiting Old Body from At
tempting to Make Recount OF
Ballots Cast at Last Election

"The council have gone, like the
tenants that quit without warning
down the back stairway OF time; gone
where the woodbine twineth: gone
where hot fire burns; gone where the
glow worm shineth, never to return
So far as 1 am concerned, l BID tt GIN
adieu" These were the words III
which Attorney j. M. Dunn, of sun
nyside, answered the query OF the
court, if he represented the city coun-
Gil at the hearing of the arguments
on the application for permanent
writ of prohibition against that BODY
enjoining them from recounting the
ballots cast at the last election.
At Work Early
The writ in question had beer
sworn out before Judge Preble by II
J. Snively and Leo Meigs, ATTORNEYS
for Wilbur Crocker, and was made
returnable at 1880 o'clock, Monday
afternoon, after having been served
on the members of the council in the
morning AS nobody appeared tc
represent the council Judge Preble
stated that he would adjourn
the hearing for a time te
enable them to make an appear
ance if they so desired. Later John
H. Lynch, former city councilman, ap-
peared and said the council had moth
ing in defense to offer. Judge Preble
thereupon granted the motion Of the
attorneys for Crocker that the, writ
of prohibition be made permanent
1t is stated that quo warranto pro-
'ceedings will be instituted in behalf
of Mr.. BROKER within few DAYS.
How 1t Came About
The writ of prohibition was served
at the meeting of the council shortly
after o'clock, when the city council
of the ballots, following an exhaust
i've argument on the part of Attorney
Meigs, who declared that the council
had no authority under the law te
recount the vote cast for the member
of another body, that the only one!
authorized to do that were the mem
bers Of the commission themselves.
All the members of the dying coun.
Gil. with exception of Councilman
Brown and Mayor Schott, City Clerl
BROKER, City Attorney Lockhart, City
Engineer Doolittle, Sheriff Day and
his deputies, and the heads of most Of
the employees of the city departments
were present in the office of the city
clerk as early as s o'clock, to see tht
fun. They were not disappointed.
City Council Convcnes
The council convened as soon a:
the members present appeared, the cal
for the meeting was read by the cit,
clerk at the request of the mayor
and it was moved to go ahead witt
the recount of the ballots. Here Mr.
Meigs requested to be heard as tn,
attorney for Mr.. Crocker and ques
toned the authority of the council t.
make the recount, giving numerous
authorities. He declared that Mayo
Schott had no authority to issue thu
citation and that the council was no
in session according to law His ar
guments were questioned by j. NJ
Dunn, who appeared as Mr.. Drooker
attorney. and argued that the ole
council had the sole right to make tn,
recount. At this time the mayor ap
pealed to City Attorney Lockhart 70
his opinion in the matter, and h
declared that the council was within
its legal rights in going ahead will
the recount.
On this ruling the mayor put tn,
question on the motion to proceed
with the recount, the motion provid
ing for excluding the general publ
from behind the railing during tn
count On this motion all voted il
the affirmative, except Shaw, who
declared in favor of admitting tn
public. 1t was explained to him tina
the public was only excluded from
behind the railing and he also votet
for the motion, which was declares
carried.
A Surprise
AS the chief of police was sortinj
out the ballot boxes pursuant to tn
order of the mayor. H. j. Snively
representing Mr. Crocker, addresse
TO the council the statement that tn
new commission had filed their bond
and had been sworn in by Judg
Preble. II think you gentlemen ar
no longer members of the city gov
eminent" continued Mr.. Snively, wn
handed to Sheriff Day a bundle @
papers. These the sheriff proceede,
to serve on the mayor and the mem
bers of the council, who soon realize
they had been prohibited from pro
ceeding with The recount.
"Then we have no city government
now?" queried Mr.. Schott
Eyes, you have one, for the com
missioners are now ready for bust
ness replied Mr.. Sniyely.
All Over for Council
That the members of the city coun
ell and many of those present wer
taken by surprise goes without say