Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-08-12

were gotten up and presented. why,
IL the court please. We are just at the
Threshold Of the hearing. as 10 the
manner in which these petitions were
gotten up. and I am free TO say that
these petitions cover more offenses
and crimes against the law than the
court could try IN FIVE years II the
court should be so occupied every day.
We have no fault 70 find with the law.
The Law gives electors and citizens
the right TO proceed in the manner
provided by law. But IN so proceed
ing, they must present just cause, and
in presenting the matter TO your hon
or. must strictly observe every rule
and every provision Of the law.
MUST FOLLOW LAW.
The law, if the court please, must be
our guiding star in all our acts and
transactions in life. He who deviates
from the path pointed out by law, and
loses its guidance, will be like a ship
adrift on the seas without compass or
rudder. He may gain q temporary ad-
vantage, burt the law will always vim
dictate itself and come TO its own, and
at the first appearance Of the storm
the man and his false case will fail.
We can show. II the court will permit
US. that not 500 OF the sign atures are
attached according 70 law. and that is
the manner in which we desire to pro
+ coed, and. It seems to me, we have
exactly proceeded in the manner point
ed out by the court.
CAN'T WITHDRAW PETITIONS.
81 don't know whether it Is under
the control of these gentlemen to say
that the matter should stop now, be
cause we have commenced 10 disclose
the manner in which the petition was
gotten up. II is up to the court fol
the court to say, as a matter Of jUdicia
Interpretation. that the petition is in
sufficient and base its decision on the
facts in the case, and if the court il
not sufficiently advised, We will go or
with the proceedings"
UNDERSTOOD THE LAW.
The following controversy between
Attorney William McEniry and tn,
JudSS OAiAAl leu lOiloN III SOlliS IOuIdl n
by Attorney Cannon for the petition
ers:
Mr.. McEniry-If your honor please
would like to make a few remarks.
heard what your honor said this morn
ing with reference 10 the law. and IL
but one paragraph that | cannot sub
scribe 10, and | regret very much tina
my able associate counsel and mysel
have been unable 10 impress upol
your honor that We have construe
this law as now stated by the court
fact that counsel for neither side al
pear 10 have correctly construed tn
law"
BY the COurt-Before going any ful
ther. let me point out to you the poin
about which | think you make a mis-
take. If | have misunderstood you 4
that regard. there is no disa greemen
between you and me. You have seen
ed 10 assume that if a certain sheet @
the petition was not properly swor
TO, every name on that sheet would b
excluded from consideration regardless
. Of whether the signatures were show
70 be genuine by competent witnesse
presented here.
Mr. McEniry-My position upon tn
law is this: The legislature Of hi
state has made the affidavit prim
facie evidence. When We overcom
the affidavit by competent evidence
the prima facie case, falls. and the d.
titiCn falls, unless by other proof I'll
signatures are shown to be genuine
Z have never said nor intimated tn;
the petitioners could not come int
= court and prove the genuineness
their signatures.
-. BY the Court-If that is your pos
4, tion, there is no disagreement betwee
us
Mr.. NCEniry-I did that because v
put the witness on the stand and /
testified that he did not swear 10 II
: petition | construed it that the n
'aTy public. with the exception OF on
. had been engaged in a villainous attac
= upon the city, and I know whereof
), speak when | say that every one, b
@ one. could be called 10 swear that !
~ had sworn the affiant, and then yol
y. honor WOULD have one oath that |
= did swear them, and one oath that
Z did not swear them. And l belle
h the notarisl seal would cast the weig
>, Of the testimony with the notary pu
r. lie. That was my view.
II OF course. | may have been wrong
T. that, but since the court has explain,
Il that provision of the statement, full
T. agree with the court. that he has st,
Il ed the law most fully and clear
n But this question arises now: VIII
% can be the procedure OF the court u
der the law? Counsel who represe
the petitioners have addressed 70
- honor The law does not provide tn
"a this petition can be dismissed. T
% law provides that the court shall ent
N a decree finding that It Is sufficient
y that it is not sufficient, and have
,s doubt but that It Is entirely proper {
the court, upon a hearing OF the cal
30 II he makes up his mind that the ne
9. ton has not been proven. that he Cou
"a stop the hearing unless counsel {
g the petitioners will state TO the COZ
X that they have evidence to overcor
= til