Show WIll LL REOPEN CASE CASEr r IN SUPREME COURT I Martin E. E Mulvey y Will Continue I t Fight to Test Commission Form of Government i HEARING O ON OJ DECEMBER 4 Bankers Agree N Not t to Cash City I Warrants Unless Case Is Decided Decided Decided De De- De- De by January 1 Having in obtained permission from CIty CUy H. H J. J Dininny to proceed with nh his his JIS attack upon tho the commission form of government o as far tar as tho the su- su court will allow him to go so Mar Martin tin E E. Mulvey city councilman will file flip his his complaint a against the law in inthe supreme court this morning at 10 the f I CIt It Il CIs' CIs Is admitted that whatever action the ilic supreme court will take take In the matter will wIlt not be an act at of ot law lat as the Y suit stilt will have ha tho the standing only of ot being a friendly contest the decision which may be set Iet aside at any time tn matter whether favorable to the thc laW KW or not on the ground that the court has liac no Jurisdiction In Inthe inthe 4 supreme matter maUer the When Mulver's suit which 1 was In Initiated In- In by his former bartender J. J K i. was proposed to tho the district last Friday the court at once court 1 ioni the complaint which was tas an writ of injunction action pra praying n for tor a o CIt City Recorder B. B S. S Rives Hives restraining re- re against Issuing certificates straining him from election to the thc commissioners and or of the grounds that the tho maor upon recent election providing for tor tho the law V was 8 to demur- demur t The court hel held In response the eH city attorn attorney y that B B. S. S from Ter nr but bul an a administrative e ot- ot Rhes was s and that the tie city council b by an- an r of tho the vote ott had Inc Its canvass o proclaimed the tho new of- of automatically court dul duly elected Therefore no could entertain an action seeking to I prohibit them from Irom taking their of offices of- of flee nor entertain an action attacking In ef effect er- er should be bc t ho tho law a until the law Inv 1 feet some time limo after aCter January Attorney Are Arc Agreed recd At t a a. meeting mecUm yesterday esterday between een Soren X en on attorney for tOl Mul- Mul ul- ul vey we and McLeod and the Judges of ot the I court the court granted permission per- per mission for Cor the suit to be filed CUed directly In the supreme court under the same as that which was wa declared pleading S in the district court I City Attorney then agreed upon reque request t of or the commissioners commissioners- elect not to object to the tb-s pleading pleading- an and allow the supreme court to pass upon the contest after aCtor ar argument without Interposing In In- In technical objections The action to be bo taken h by Attorney will be a prayer for a wrIt writ o of Injunction a against Recorder ni Rives fives s rc restraining him from issuing certificates certificates cates of ot election to the new officials The rea reason on advanced for tor the tho writ willbe willbe will wll be that the tho election law la launder under the commission com corn mission la law 16 provides that the voter must choose between the lie two candIdates candidates candidates candi candI- dates for tor each office whose names survive survive sur sur- vive vice the tho primary primal election and arc printed upon the final ballot thus abridging the voters voter's right of free suf- suf frage In his complaint Attorney Christen sen son has Ignored Ignore tho the fact that lint blank spaces were left on the ballots for tor the convenience of voters who might desIre desire de- de sire to vote for tor candidates other than those nominated at the primary election election election elec elec- tion and that b by reason of ot this the rights of ot the voter oter were not abridged ed The blank space aces were left on tho the ballots ballots ballots bal bal- lots in accordance with statutes which were not repealed by the commission I law la ass ass' JI Hearing In December Dr It was agreed yesterday 3 that the date for tor hearing hearing- of ot the tho case casc b by the supreme court will bo be December 4 I 4 City Attorney Attorney Attorney ney and his assistant p P. P J J. J Daly Dalr will appear for tor the city an and contest contest contest con con- test the tho granting of the writ The rhe decIsion decision de do- of the court will be made mode upon the argument presented and If It this decision should be unfavorable to the law the tho contest probably will be reinstated reinstated rein rein- stated state In the same lame court arid and tried over o again on some different nt line lino of pleadIng plead plead- ing Ing- BO So so that the of ot tho court could be made proper properly and have havo weight If the decision I li is favorable fa to the 10 law t Councilman Mulvey probably will drop the matter I IlIa l Ia Mayor elect Park stated yesterday that he and those elected with him to I Ithe the new commission had interceded with City Attorney to allow the thc contest to go o before the supreme court without objection upon his part Mr Dininny at once acquiesced I Ye Yesterday afternoon a meeting of oi members o of the he Clearing House association association asso asso- and bankers not affiliated with I Ithe the clearing h u e was vas held at It IL was sas which agreed not to cash rants Issued an any city war war- after Januar January j 1 the unless supreme court have decided In the tho meantime that the new law li is constitutIonal This action part palt or of the bankers Upon the a for necessity a court decision of the law which was sas upon the aU validity count b by taken Into account account ac- ac the new officIals and city attorney nt- nt torne torney In deciding to allow the suit to he argued before the tho supreme court December 4 |