Los Angeles Herald, Volume XXXI, Number 357, 21 September 1904 — IN STORMY SESSION HOUGHTON IS SEATED City Councilmen Are Pursued by the Police [ARTICLE+ILLUSTRATION]

IN STORMY SESSION HOUGHTON IS SEATED

City Councilmen Are Pursued by the Police

Now it is Councilman Arthur D. Houghton representing the Sixth ward in the city's legislative body. The seating of Houghton was the climax and final achievement in one of the most strenuous days in recent city hall history. It was a day of surprises—of slates made and broken. The opponents of the recall made programs and the Sixth warders shot holes in them. At the end Skillln# was championing the recall and Nofziger wanted to see "fair play." In the course of the day there was work cut out for Seargeant at Arms of the Council Willard Goodwin, and a reinforcement in the person of Chief of Police Hammel was called for. The end came after an acrimonious debate on the part of opposing attorneys and many skirmishes among the councilmen. Skilling made the motion that brought decisive action out of chaos. Skilling said it had been the policy of the council all along to throw no technicalities in the' way of the recall. Skilling's Motion "Following this policy," said Skilling, "I move you, Mr. Chairman, that we seat Dr. Houghton as a member of this council." There were cheers from the lobby and Goodwin called for order. Nofziger seconded Skilling's motion and all six of the councilmen voted aye. Council adjourned at once and Dr. Houghton received the congratulations of his new associates. A great calm seemed suddenly to follow the ail-day storm. This morning City Clerk Lelande will issue a certificate to Dr. Houghton and he will take the oath of office and assume his seat in the council chamber. The meeting at which Houghton was seated was the second evening session. At the earlier session Chairman Farlsh anounced that the time had arrived for canvassing the voles cast in the recent election Sn the Sixth ward. The appointment of a committee to canvass the votes was suggested and Farlsh appointed Councilmen Todd, Nofziger and Summerland. Before any action could be taken Minute Clerk Wilde called attention to a communication from Mr. Davenport in reference to the canvass of the returns. Davenport Protests The communication was a protest from the defeated councilman. Davenport presented the reasons why in his opinion the votes should not be canvassed. Among other things he declared that his opponent was not a citizen of the United States. In support of the protest Walter Haas, attorney for Davenport, was given a hearing. Haas claimed that where citizenship is challenged the council has no authority to proceed. He claimed that the burden of proof was upon the newly elected councilman. The only procedure, in Haas' opinion, was the placing of naturalization papers in evidence or an exemplified copy of the papers. Haas also maintained that an oath as to citizenship would not be sufficient. Haas quoted several authorities In support of his contention. E. L. Hutchinson, who represented the Good Government league, objected to Haas proceeding with his protest on the ground that hearing of it was illegal at that time.

Kern Insisted that the city attorney advise the council as to how it should proceed. City Attorney Mathews stated that the only course open to the council was to proceed with the canvass and then, if there was any question as to citizenship, it could be determined later. Haas submitted to the ruling, but stated that it was his intention to raise the question of citizenship at every stage of the proceedings. The vote was then canvassed, with the result that Davenport received 1088 and Houghton 1837 votes, with three scattering. Hutchinson insisted that the regular procedure be adhered to, but Mr. Mathews stated that there was a telegram due in a few minutes from Chicago bearing upon the case and he suggested that other business be taken up until the dispatch arrived. Later in the evening the dispatch which said that "Howton" had been naturalized in Chicago was read. The spelling of the name was held to be immaterial. No Quorum The morning proceedings began in the way that citizens who have attended the attempted council meetings have come to expect. There was "no quorum." Farish took the chair and counted the noses of five councilmen. Then something happened. Sktlling rose and said: "Mr. Chairman, I desire that the sergeant-at-arms of the council ask the city attorney to come to the chamber." Goodwin went out and in a few moments came back, followed by City Attorney Mathews and Assistant City Attorney Gouge. Addressing Mr. Mathews, asked: "Can five members of the council canvass the election returns?" Mr. Mathews replied that they could not. Skilling then asked if the councilmen present had power to compel the attendance of the others. "YeS," said Mr. Mathews, "you can adjourn to a set time and in the meantime have the sergeant-at-arms and chief of police bring the absent members in." Kern stepped up to Mr. Mathews and held a brief whispered consultation. Resuming his place, Kern said: "Mr. Chairman, I move you that the ser-geant-at-arms of the council, with the assistance of the chief of police, bring the absent members of the council to the meeting to be held at 2 o'clock p. m." An adjournment was then taken to the hour mentioned. To Find Councilmen At 2 o'clock the farce was repeated. Councilman Fatish took the chair. In addition to Farish, Kern, Skilling, Summerland and Todd were present. A report was received from Chief of Police Hammel. The chief stated that officers had visited the homes ~&nd offices of Councilmen Nofziger and Davenport, but had been unable to find either of them. Davenport had been Included in the search because City Attorney Mathews had rendered an opinion to the effect that Davenport was still a member of the council and would continue to be until his successor qualifies. Davenport came to the hall early in the morning. signed a few requisitions, cleaned out his desk and disappeared. After considerable talk as to the time of making the next attempt to secure a quorum the hour was fixed at 6 o'clock. When that hour arrived, Nofziger, the missing, came into the chamber. He walked in without assistance, the chief of police and the sergeant-at-arms of the council having failed to find him. Having secured a quorum at last the council proceeded to business.

DR. AKThUH nOuuHTON, WHO WAS SEATED IN THE CITY COUNCIL AFTER A .STORMY SESSION LAST EVENING

J. P. DAVENPORT, FORMER COUNCILMAN FROM THE SIXTH WARD, WHO ENTERED A FORMAL PROTEST AGAINST THE SEATING OF HOUGHTON