Ballard’s Ousted Councilman Refuses to Give Up His Seat

A large crowd attended the session of the city council of Ballard Tuesday night, drawn there by the expectation of seeing some occurrence more than unusually exciting, as it was stated that ex-Councilman Thomas Winsor would attempt to take the seat he was removed from at the last session of the council. He was on hand, accompanied by Attorney Morris, of Seattle, and made a formal demand for his seat as a preliminary to legal proceedings to secure his reinstatement, which he began yesterday.

Before the demand was made, however, Mayor Edmund Peters read a communication to the council, giving his opinion that the council had no power to remove a councilman; that in order for the council to remove one of its members suit must be commenced in a court of law. He would, therefore, veto the action of the council removing Councilman Winsor.

Keane and Chandler held that the mayor had no power to veto the council’s action. The latter grew eloquent, saying he had no warfare with the chief executive of the city, with whom he agreed in politics, but held the council was the only and best judge of the qualifications of its members, and his vote would be recorded to pass over the mayor’s veto. He therefore moved that the decision of the mayor be not adopted. Winsor attempted to speak, but the mayor ruled that he was out of order. Winsor then asked that his attorney be heard, and Mr. Morris then made a formal demand for the reinstatement of Winsor in order, he afterward explained, to bring suit to compel the council to allow his client to take his seat.

Chandler said: “Bring suit as quick as God will let you. The people of this city propose to govern their city without any assistance of any law firm in Seattle.”

The motion not to sustain the mayor’s veto was then carried. Looney, Lucas, Keane, Chandler and Startup voting yes, and Mr. McDonald, no.

Winsor yesterday began proceedings to test the legality of his removal by filing a petition in Judge Langley’s court asking for an order to the council to reinstate him or show good cause for not doing so. The writ prayed for was granted, and the case will come up for hearing tomorrow.

In his petition he says that he was charged with selling lumber to the city while sitting in the council, and on that ground his seat was declared vacant. Winsor says that he was given no notice of the council’s intention to remove him, and that the alleged crime he committed has never been charged against him by indictment or information of the prosecuting attorney. This being the case, he thinks that the council never had jurisdiction over him and that the resolution removing him from office was without authority of law. He further says that, though he protested, he was given no opportunity to have a hearing or disprove the charges.

George M. Armour was immediately thereafter elected to fill the vacancy.

The petition of Ole Anderson to move his building was granted, and that of Charles A. Williams for reduction of grade tax was referred to the street committee for investigation.

The ordinance providing for payment of officers’ salaries was passed on its first reading.