Show MULVEY WITHOUT LEG TO Contest Over Commission Form of Government nt Might Cause Executive Action NEW OFFICIALS SECURE Leading Attorneys Agree That Injunction Injunction tion Proceedings Will Not Lie in D District Court In general discussion over o tho proPosed proposed pro pro- posed litigation attacking attaching the tho constitutionality constitutionality of ot time tho now now commission form of or government with x a It view to i preventing the men elected to the tho mayoralty may may- and from taking tak tak- In ing their seats scats Ja January uary 1 l yesterday lo loomed med the tho possibility pO t of an appeal to tho the governor of the state to seat sent the thene ne new officials b by force if It necessary I The possibility of ot such a n startling alternative If the threat of ot Councilman Council Council- man alan M. M l' l K H. Mulvoy cY to himself for tho tilo discontinuance of tho the salary of or councilman which the nc new law ef effects effects ef- ef materializes in actual court procedure procedure pro pro- was defined by prominent at attorneys at- at who have canvassed can the tho legal situation relative to any attack upon tIme the law Jaw under which Mr Ir Park Panic was elC elected C Conferences with leading attorneys s in in the elt city have havo been held im in time tho of of of- flee fice of oC the city ell attorney since Councilman Coun Coun- cilman 1 declared his intention of testing Ufo the law la which deprives him of or his salary as councilman for tor the two t rs of his d years e term The Tire only onh uncertainty as aR to to results of ot the time threatened test Is the question as asto asto asto to what proc procedure d rc Powers Mari n- n caux eaux attorneys for the councilman will win adopt Ini In I getting tho the matter before before belore be be- fore lore tho courts Do Do Not A e. Mul ej It hatS has been intimated d by b- the MuJe Mulvey Mul- Mul that they arc vey e attorneys planning are planning planning- to invoke oke the dist district court as as as' soon as th the tho official of the time election have ha been canvassed assed by asking a writ enjoining the city r. r recorder from front Issuing ing certificates of ot election to the tue successful suc suc- candidates Members s of ot the tho bar except those who have been beon retained b bj by Mr Mul- Mul vey are a a. unit In agreeing t that lat if such spell a course is followed tho the district dl court will deny en the tho application for Injunction in injunction injunction In- In junction without entering into tho the merits of ot an any attack at upon the constitutionality constitutionality con con- of the tho tho new 13 law upon tho the ground that there ther exists no rj t public pub pub- lic lie necessity lt that the n act at t of oC the the Leg Log Log- should be questioned All known cases of oC sImIlar Import throughout hout the United d States Mates have followed followed followed fol fol- fol- fol lowed this precedent It being a a 0 rule rulo In district ali and 1 other minor c courts not notto notto notto to question an net act of the legislature unless some principle or ot fundamental law has hag beon been violated In such sucha a a am m manner man maim n- n nor ncr that riots famine Camino or great public calamity might result t In the case casc at issue said Assistant City Att Attorney I P. P J J- DalY Paly it w would uld hn have Q to be proven to the district court that the elected candidates were unfit to handle h tho limo reins of government before tj the tho court would Int interfere with theIr taking their offices according to o the pro ls of the Le I c. c If It the time the Mulvoy attorneys having in invoked In- In yoked oed tho tIme court should seek Icek to to carry carr their attack hl higher her Ion on o appeal from grom rom t tha aL decision no the tle elected Ic ted Continued on OD T Two o. o MULVEY MUl VEY WITHOUT i LEG TO STAND ON I r Contest Contes Over Commission t Form of Government Might t Cause Executive Action Continued From Irom sire Pace One Oar officials would tako office pending the hearing of or the appeal l arguments If It tho the higher his court could be induced to advance ance the of ot the arguments the matter might be decided before h January 1 t but It Is doubtful attorneys altor- altor 1 say sa 1 if tho the higher his court could bo o persuaded to dignity dignify tho iho contest by such action May III hang Onto Job Jail Th The Tho prevailing opinion amon among the thc af affected af- af office holders holder including pall pally th the members of or the council I who arc supporting In nl his proposed contest IK is that tho the easiest wa way 3 to tor r bring brine the matter to a R. test and the most r economical wa way Is for tor all ail all the tho present officials oHl to tu refuse to give up their of- of offices January 1 1 This m method has been nd ad advised In view of or tho the probability of oC the refusal of oC the district court to act net and this l idea ea Is the most popular now with the Mulvey Mulvey Mul- Mul Iuli i vey ey attorneys attorneys' and their clients It Is th thought J ht b by th them m that this action r would put tho the burden of oC proof upon IRon IRonI I the elected candidates by forcing them Into court to sue suo out quo warranto proc proceedings s to unseat the present of of- If It this pr procedure Is IA 1 followed then will appear the tho possibility pos of ot Interference interference ence b by the Governor GO with the state militia Upon tho the grounds that th the e present officials are in to rebellion against the laws law's of oC the state th the elected elect elect- I ed candidates ml might ht appeal to the Governor for Cor or assistance In obtaining their teats seats r As the matter would not be In court the Governor would be bc forced to tako take I co cognizance cognisance o of the tho Le Legislatures Legislature's la law and I seat scat the candidates b by force Coree of oC arms I I It It Is cas easy to see seo how such a 3 situa situation finn tion arise was said in tho the city Il atti attorneys attorney's ti office yesterday and 1 Ity Iti 1 Is is' is Very tierY possible If U the elected candidates do not want to be put on tho the defensive b by goIng going go- go Ing Into court It will bo be much simpler i for them merely to call on the thA sheriff and ancl through him the tho Governor to obtain obtain ob ob- tain their offices for them thom He would have e to heed tho the demand Tho The on only I wa way In which the threatened threat threat- threatened ened contest ma may be bo settled definitely I before the th first of oC the year ear Is for or the tho Mulvey Mul attorneys to sacrifice whatever cr desire Councilman Mulvey ful fulma ma may have 0 to prolong the litigation and go o directly di directly dl- dl to the supreme court and ask for fora a writ prohibiting the elected officials from taking possession of ot the authority authority author author- ity fh and offices to which the they were elected Long Lone Fight In Prospect If rr such a method I is followed ed Imme Ireme- Immediately after the canvass c of oC the tho returns re returns re- re turns said ald the city attorn attorney e the s su supreme su- su preme court probably would 1 consent to toA A hold a special session at once and deI de decide de- de I clde cide upon the matter giving Its de decision do- do cislon before the tho time time came for over the new now offices AU All attorneys Including W R J J. Barrette Bar- Bar Barrette rette member of oC one of or the firms re retained re- re twined b by Councilman are greed that th the tho possibility 0 of appeal appeal- I hg the case to the United States Su Su- Su premo court Is remote remote I r I do not are see how ho hoIt It could be done donI said ald Mr Ir Bar Bar- rette yesterday It It Is 18 ml mighty ht doubtful doubt doubt- r ful indeed Other Oilier attorneys point out that the R on only I question upon which the case caM could bo be appealed to the Supreme co court of or the nation would bo he one Involving in a citizens citizen's Inherent rights under the constitution of or the tho United States and no such rl right h t Is lis affected by the tho now new law Whatever the procedure is 1 II said City Attorney Dininny this office will fl light fight h to toa a finish any contest made over over the slew now law We In n this office offices step tep f out with Ith all other office holders of oC cour course s and a l decision In fn the thA h cour courts f fa- fa orabIe to 1 would Keep seep us ua m in office for some Rome time but that t will not affect us at all I We leno tenon know the In law In the matter andr and r have prepared for tor such an emergency IJ I do not see sec bow how an any one familiar with Ith fc law could imagine Mr rr Mulvey has a le leg to stand on In an any proposed attack but If It does come Into court we will r be prepared to meet any move made B Mayor elect Samuel C C. Park declared last night that neither he nor an nor had other of the elected candidates had harl hado o f given the matter an any thought at all an Any statement that thal we have discussed hiring personal attorneys Is ridiculous he e said 0 To D Denver end It Return t tia Y Via ia Ia 0 O S. S L. L and U. U P P. P lines November oember 10 30 and 11 Proportionately low rates rales to other Colorado points Limit Xo Novem- m h her r 30 f tv Ticket n office Hotel Utah |