The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1914-01-09
S. A. NELSON
IS REMOVED r
FROM OFFICE
Charges Against Him Held to
Have been Substantiated
by City Council.
CASE WILL GO TO
THE SUPREME COURT

"Ho Laughs <at 1S1ucACe-1APPOaut
ment of Fred L. Johnson to Vac
ancy on Board Is Made By Mayor
Murphy and Ratified by Council. E.
S. A. Nelson, member of the police
and fire commission of the city of
Virginia snce last April, when he was
appointed by Mayor Murphy, was re-
moved from Office by the council at
its meeting Tuesday evening, follow
ing the hearing of charges preferred
against him by Chairman P. A. Coffey
of the police and fire commission. The
council sat as quasi-judicial body
and heard the testimony of eight wit
hesses. At its conclusion Nelson was
removed from Office by a vote Of 6 to
3.
The aldermen voting for his remov-
al were the Messrs. Harvey, Lund-
strom, Keller, NOLAN, McGhce and
Coffey. Those voting against it were
the Messrs. Heritage, Mattson and
Boylan.
Immediately following the an
nouncement of the vote on the i'm
peachment proceeding Mayor Murphy
presented the name of Fred L. John
son for appointment to fill the vacancy
on the commission caused by Nelson's
removal and it was ratified by the
council.
Nelson was represented at the hear
ing by Attorneys George Shea and
M. H. Mcmahon. The case will go to
the supreme court of the state Of
Minnesota on certiorari proceedings
upon the grounds that the charges:
preferred did not constitute offens-:
es sufficient for removal from
office. Unless it is possible to ex-
pedite it's hearing by special pro-
cess it will be impossible to have a
decision on it until the April term.
The Nelson trial drew one of the
biggest crowds that has been assem-
bled at the city hall within the year.
The crowd gathered early and waited
for the better part of two hours, while
the council was engaged with the dis
position of routine business, for the
hearing. 1t evidently regarded the
entire proceeding as in the nature Of
joke. There were frequent outbursts
of laughter and at times the intense
partisanship manifested was evidenc-
ed by applause. The taking of the
evidence and the argument of the
attorneys occupied the better part Of
an hour. President Boylan presided
and shorthand report of the evil
dence was taken by Clarence Dwyer,
court stenographer to Judge Hughes.
Attorney Mcmahon opened Nelson's
case by a motion to dismiss when
Louis Cohen, the first witness for the
city was called to the stand. 1t was
based on the ground that no legal
cause of action was stated in the COM
plant filed against Nelson and case
sent to the supreme court from Duluth
was cited in point. The motion for
dismissal was overruled by President
Boylan.
Mcmahon then filed general de-
nial of all the charges made in the
complaint on behalf of his client.
Cohen set the big crowd laughing
when after the oath had been admin
istered by President Boylan he re-
sponded with "Sure Mike"
His testimony was not positively
to the effect that Nelson had been in
toxicated on the night of August ID
Cohen said he conducted himself ii
such manner that it was evident h
had had "a few drinks" but declared
he would not swear that he was in
toxicated. He was not clear as tt
the date, but said Nelson had appear
ed at the door of his saloon after hours
and stated to him that he believed h
had customers in the place. Cohel
opened the place and the pair wen
in. Nelson made thorough inspec
ton and left it by the side door.
Milavitz Was Positive.
Ben Milavitz, next called as wit
ness, declared he had met Nelson an
Cohen, with others standing on tn
sidewalk outside the Cohen saloon
He said both Cohen and Nelson wer
drunk in his estimation. A motion t
strike from the record all Of the evi
dence given by Milavitz was negative
ly decided by President Boylan.
Daniel Sullivan, a member of tn
city police force testified that he ha
met Nelson on the night of Angus
II on Central avenue, opposite tn
foyer of the Fay hotel and that h
was drunk at that time and had con