The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-02-26
NEITHER SIDE SHOWS
SIGNS OF YIELDING
IN ALDERMAN|C ROW
Tingley and His Cohorts Issue
Statement to the Public Elk
planning Their Attitude; Mayor
viii Not Recognise simms.

That he and his cOunclimanic allies
been lighting the mayor aud the
Solid Three to prevent the saloon In
terests and the liberal element iron,
gaining a preponderant influence Ia
city affairs was asserted today by Al
dcrmau clyde Tingicy In a statement
prepared to explain 10 the public why
the Big -Four combined 80 unyield
mgl, on the question OF hlling the al
dvrmanic vacancy.
That he would refuse to recognize
Albert Simms as "A member OF council
was announced by Mueor westerfeld
In a statement which gained adde9
emphasis from It's spartan oreVity.
Those were the days Developments
Ia the cuuncllmanlc row which reach
ed Z sub-climax Saturday afternoon,
when the -Four held a meeting as city
council. regardless OF the mayor alb
scuce, and declared simtns elected.
The -Four acted on the advice OF at
tcrneys. who held that. a. there wer-
seven councilmen In office. four consti,
tuted "a auoraus. The opinion OF At
tcrncy-Gcncral Patton to the efccI
that the mayor and four council
men" constituted a quorum was dis.
regarded. II was held that there are
numbers OF court rulings sustaining
the FOgr's contention as 20 a quorum,
and that, anyway. the attorney gem
eral didn't rule on the question as %
whether four members without the
mayor made a quorum. Furthermore,
lt was pointed out today. the attor-
ney-general's opinion Is only the
opinion OF a lawyer. aud only ~ i'm
pressive az any other good lawyers
opinion. and that, when II to
really settling the point. u Is a matter
FOR the courts to deide.
So the ~eug wen, ahead ana voted
for Simms. ordered the acting city
clerk 40 record the election In the
minutes and put the next move up to
Mayor Westerfcld and the Three.
Alderman Gibson, who was ~ re-
Gently. started FOR California on a va
cation trip Saturday night leaving
simms TO take his place iR the Four.
Simms was sworn In hy Justice of the
Peace W. W. Mcclellan and
ed hat he would be on hand TO claim,
his seat in the fret meeting council
held.
There IL a special meeting on the
calendar tor tonight. Whether II will
be held and what the developments
centering about IL will be are matters
for speculation. Having announced
that he will not ,recognize Simms 4
election. the mHSc1e is-expected 30 y
with all the Bower Of the chair
and his Official authority any attempt
a. .-. . lI...ea -. aa.H. 80 ..F1taV
wise act in cOuncilrlanic capacity
while the latter and his supporters are
counted upon to insist upon every pre-
rogative OF a regularly elected coun-
Gilman.
The Four have 4 defensive ace to
play. n. after reconnaissance tonight
or at any other tinie set for meeting.
they doubt the power OF their offens-
i've. they era fall back, telegraph 10
Gibson 10 return, and entrench a. be-
fore. Gibson can get back To town
WITHIN thirty-siX hours.
4 point as To Simms's legal status,
raised today. touched on the question
OF q certificate OF election. II he re-
uuircs a certificate issued by the ma
yor and the city clerk and they are
INh AN'u W. wv wy AAf ~ HNh w
issue uLc. ne would. IL was said, have
10 go to court to establish his right L.
o seat. II he does not require "A GER
tincate that point falls To the ground.
The mayor made his announcement
regarding his stand on the Four's ac-
tion after obtaining legal advice. II
was generally understood that he hal
been carefully coached as 10 the line
u action e. follow but he would say
nothing except - viii refuse 90 recug-
nize simmss election"
The statement given out 10y Alder
man Tingley follows In fun
"The people should know what this
fight is al about We four aldermen
are irving tu stand for decency and
morality iu this city We want the
suloons kept closed ON sunday we
want this city 'o take ~ place as one
ln which sclf-rcspecting people can
live without being ashamed of their
town We are determined to elect %
man who wit vote for the right. The
liquor Interests pre not asleep. They
irving tu force u- tu accept some
one for alderman who stands for the
old order of thiur- We are determined
Zoo bent them and keep "a Hlfe major
ity boz the council Everything else ~
81 small ~luportHurr besides this The
nght is ou with the wet bunch. We
are not going to jet that crowd run
tho town vs., Will nght them in every
way possible tu prevent a.
"Wcstcrfold tried 60 make uH an
bolir,e be- wts 1000 impartial presiding
ofn,cr who was nIt miN"d iu this
thing ono was or The other. tie came
geo aIl w'otlus ui the four aldermen,