The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1913-01-15
COUNCIL ADJOURNS
WHEN MEMBERS LEAVE
Trouble Starts When Plan Is Matched
to Elect Member of Body.

to Elect Member of Body.
Alexandria. Va, Jan. 1L-six members
OF the Common Council at . O'Clock to-
night simultaneously picked up their
hats and coats and, as a unit. left the
council chamber to show their dissp-
prevail of the proposed action of the
majority, who had intended to go into
the election OF councilman to fill the
vacancy caused a short time before by
the presentation and subsequent accept
ance Of the resignation of Councilman
Z. r. Yates, of the First ward.
The departure of the six members left
but eight present, and a majority Of
members Of that body Is nine. IL being
composed OF sixteen members. However.
Mr.. Yates resignation had been accepted
and under ordinary condition it would
seem that eight would in that event
constitute a majority.
The business of the city was instantly
brought to a standstiIl as a result of the
departure OF the six members who in
cluded Councilmen Burke. Spinks, Smith.
Birrell. Bryan and Marshall.
Councilman Williams informed Presi-
dent Brumback that he would have a
right, II he so desired, to send out and
have the members who departed ar
rested and brought back. Councilman
Brockett, however, thought that such
drastic action was entirely unnecessary
inasmuch rs he believed the eight pres
emit constituted a quorum.
There was, however, the element Of
doubt existing in the mind of Presi-
dent Brumback on the subject of a
quorum being present, and he ruled
accordingly.
In the meantime a recess was taken,
almost as soon as the six councilmen
departed and several other members
left the chamber, while Councilman
Brockett at once proceeded TO the resi-
dence of r. NJ. Graham, member of
council from the Second Ward. TO see
II he could not get him TO attend the
meeting to make nine present. Twenty
minutes afterward Mr.. Crockett re-
turned and reported Mr.. Graham could
not attend owing to the serious illness
of his daughter and the council simply
quit business for the night.
1t was the intention Of the eight who
to go into the election Of
successor to Mr.. Yates at to-night's
meeting. and there was keen disappoint
ment expressed among several of them
when IL was finally deemed inexpedient,
In view OF the face of affairs. and with
out proper legal counsel on the subject.
TO postpone action.
Swan still Member
1t is expected that at the next meet
ing of council. which will be held two
weeks hence. a successor will be elected
to Mr.. Yates.
The resignation of Councilman Charles
II. Swan as a member OF council from
the Fourth ward was not presented as
expected. Mr.. Swan. however. contem-
plates resignation, his position is such.
l. 81
the First ward.
AS a result OF the disbandiuG of coun-
ell. two or three papers which had come
into council from the board Of aldermen
were not acted On at this meeting.
The committee from the two boards
recently appointed to confer with off,
Gals of the Observation-Disclosures Rail-
way Company regarding rates reported
that the company had restored its for
mer rates. On motion OF Councilman
Birrell the committee was thanked, and
continued. and their report received.
Petition Of property owners for the i'm
provement of the square on Washington
Street, between Wolfe and Wilkes
streets, with granite curbinE, vitrifed
brick cutters, and roadway similar to
that laid in North Washington Street,
north Of Queen Street, they agreeing to
Ia pay S.75 a front foot. was referred
To tHe street committee
The board Of directors Of the Alexan-
dria Free kindergarten asked an appro-
priation of $500 for that institution, and
this was referred to the finance commit
tee a resolution of Councilman Chaun-
cey. appropriating SOS for the improve
ment Of the interior of the police station,
was adopted
Rixcy as Witness.
c. Jones Rixey. former head Of the de-
funct Virginia Safe Deposit and Trust
asylum at Staunton. Va, will be a
witness tomorrow morning for the state
in the trial of Lewis Hooff former head
OF the defunct Mercantile Railway
and Loan Association. whose
trial begun in the corporation court for
this city today. Judge l. &. Barley pre-
siding. to answer an indictment charg-
ing him with the larceny of SEQ cur
ency. the property OF the defunct Vir-
gtnia Safe Deposit and Trust Corpora
ton.
Rixey was telegraphed for this after
noon at the instance OF Commonwealth
attorney Samuel q. Brent and he will
come to testify regarding the transac-
ton of a certain note.
A motion of Hoofrs attorneys this
afternoon to exclude certain evidence
was taken under advIsement by Judge
Barley.
The case OF Hoofr was begun shortly
after 10 o'clock this morning. A Jury
Of twelve out of the twenty-five tales
men from Fredericksburg was quickly
secured, and Is composed OF the follow
ing: George p. King, W. A. Bell. j.
Fred Brown, n. B. Musselman, II. L.
MCGEE. E. A. Scion. ]. J. Garner. John
A. White. Z. l. Jones, J. b. Leitch, J.
W. Center. and J. II. Middleton.
Immediately after the impaneling of
the jury the taking of testimony in
behalf of the State was begun, and
among the witnesses examined to-day
were the following: John s. Covington,
cashier of the Second National Bank,
of Culpeper; Mrs. NJ Z. Angelo. former
for the Mercantile; Harvey
9. browns, former runner for Mercan-
tile; II. Noel Garner, special commits
sioner; Harry Kirk. and George II.
Robinson, employees of the defunct vir-
ginia Safe Deposit and Trust Corpora
ton.
Hooff is being represented by At
torneys John l. Jeffries. Norfolk, and
John L. Lee. Lynchburg. Common
wealth's Attorney S. G. Brent is con-
Quoting the prosecution.
Engage I'm Revolver Battle.
A revolver battle took place at Ter
retts general merchandise store, Fair
fax County. three miles west of this
city. between a posse of citizens of
County, headed by officers of
that county, and burglars who were
in the store FuIly fftv shots were