| Show MANSFiElDS PROTEST 1I 1 I Considered by Recorder Emery and Taken UnderAdvisement 4 REFORMERS PRESENT POSSIBILITY OP A THOROUGH HEARING IS JRECIitrDED Emery Rules That He Has No Power to Summon Witnesses Attorney George Sutherland Appears Ap-pears For tho Citizens Committee and SP Armstrong For Mr Mansfield = Recorder Emerv and his denutv Al bert Reiser sat en bane yesterday in I the matter of the protest against the placing of the candidates on the nonpartisan non-partisan ticket filed by L R Mansfield Mans-field The bane did most of the work in the matter of rendering decisions the fact of the matter being that while David looks judicial acts judicial and talks judicial he is not judicial at all Perhaps however this was due to the fact that Mr Sutherland had Informed him he wasfl simple ministerial officer and couldnt act judicially if he wanted toMansfields Mansfields protest called out a great many of the Citizen Reformers There was Chairman John T Caine and his son one of the notaries public Robert Rob-ert Patrick occupied the sofa together with Notary Riter and the twain manifested man-ifested great interest in the affair Nathaniel Na-thaniel V Jones appeared as associate to Counsel George Sutherland and interjected in-terjected bright sayings into the proceedings pro-ceedings when conversation lagged and the reading of the decision of the supreme su-preme court of Colorado became tiresome tire-some S P Armstrong Esq appeared I as counsel for Mansfield Arthur Pratt played the role of an interested spectator to perfection His presence was good his carriage perfect and what he had to say was delivered with an ease which showed familiarity with the lines The moat captious dramatic dra-matic critic could not have found fault with his rendition and had the New Grand theatre had a company playing as well as he did there woud have been no reason for closing the house Mr Sutherland came into the annex to the recorders office with a look of determination and volume 31 of the Pacific Reporter He let go of the latter lat-ter several times but never relaxed on the former Mr Reiser as prqthonotary read the protest whereupon1 Mr Emery was about to ask the defendants to state whether they pleaded guilty or not guilty but was cut off by Sutherland who said something about being ready Mr Armstrong asked the recorder if he had subpoenaed any of the witnesses asked for by Mr Mansfield and received re-ceived a negative which vas as prompt and decisive as though it had been shot from a cannon Mr Armstrong then volunteered the suggestion if the recorder was authorized author-ized to hear a witness he was also competent to compel the attendance This was not a case where witnesses were expected to come without being notified Mr Emery declared he thought the witnesses would come themselves Then Mr Armstrong said he would like a continuance until 4 oclock In order that the recorder might send out for the witnesses asked for by Mr Mansfield This being a firstclass opportunity I for objecting Mr Sutherland proceeded to earn a portion of his feeby making oae oaeHe was there he said all ready togo to-go ahead and if there was anything to offer would be pleased to sit and i listen to it and crossexamine after dsto wards Mr Armstrong suggested that Mr Mansfield had filed a protest against the ticket and had asked the recorder I to summon witnesses If the recorder i had not done that the protest was for naught Mr Mansfield did not have I I power to go out and compel the attendance at-tendance of witresses It is the duty of the officer sitting in judgment to get the witnesses i I Mr Sutherland again made objection objec-tion He declared the recorder had no right to pass upon anything except as to matters of form In support of this I he read a decision from the copy of I the Pacific Reporter the same being I the decision of the Colorado supreme court It was a long decision but someway I some-way It interested the Citizen Reformers Reform-ers who listened with rapt attention hung upon every word George Swan came in at this juncture and was II I speechless with admiration Mr Sutherlands deductions were I 1 That the protest cut no ice in that I ministerial and not the recorder was a a judicial officer I 2 Because the certificates were ample am-ple even if all the allegations of the protest were sustained 3 That the recorder has no authority to go into the politics of the signers because the recorder wasnt competent I to judge This was agreed to without further discussion i 4 That the recorder had no power to determine facts 5 That he couldnt if he had Armstrong then made an argument in favor of the summoning of witnesses I I and declared that according to Sutherland Suther-land a man could file a forged certificate I certifi-cate amd nothing could be done about it I Sutherland pleaded guilty T Then the two attorneys ana jones i and Rlter talked Some of the spectators i specta-tors talked too The only man who I didnt say anything was Emery He played the part Of the Sphinx to per fection1 I Finally he said he didnt believe he I i had the right to summon witnesses I Do I understand that you refuse I asked Mansfield I Dave didnt say hilt reiterated he hadnt the power Mansfield wanted it entered on the I record Then ensued a funny scene Emery had decided he hadnt power to summon sum-mon witnesses and the counsel for both sides generally admitted he had not power to administer oaths in that connection con-nection but he permitted the three notaries I no-taries to go o a and make ex parte statements Mr Riter questioned by Mansfield said he didnt see all the signers sign and he visited them after they had and they owned the signatures as theirs He swore them all He could i i ilr oroenhe not remember one and was certain that James Anderson was not seen by I I him He saw his father Mr Caine made an explanation as Sd < theother notary andthen Emery I announced he would tnk the matter under consideration until this morning morn-Ing at 10 oclock And as the people I read this MS think tdnk is still working work-ing line protest will not be sustained Emerys Course all through showed he was timid at offending the con partisans and would have rather been out of it Young Master Reiser rendered him yeoman service several times by in terogajting witnesses anil demonstrated vhat as It questioner lIe Is really no slouch The questions however ail tended in one direction THUS ends the story of the protest |
