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10-04-15 Adjourned Regular"s i i Oct. 4, 1915. The adjourned meeting o3 the Council was called to order in the Office of Attorney H. S. ` li Yeomans, by President Blackmer, with the following members present: w. W. Blackmer, J. R. Cason, Jr., L. H. Bradshaw, Marshal J. W. Ramsey. Absent H. J. Sterling, S. E. O'Neal. Motion by J. R. Cason, dr., seconded by L. H. Bradshaw, That the council adjourn to meet immediately in the Town Hall. Carried. The President called the Council to order in the Town Ha11 and the Council proceeded to hear end try the charges against Allan MacNeilly. ° Motion by J. R. Cason, Jr., seconded by i L. H. Bradshaw that Attorney R. S. Yeomans act ea attorney for the town et the hearing. Carried. Allan MacNeilly appeared in person and by ! Gordon R. Broome as his council. The Charges against said MaeNeilly wer® read to him by the Clerk. Attorney Broome filed a motion to quash the charges and dismiss the proceedings. Councilman H. J. Sterling present. The motion to gttash was argued by Attorneys Broome and Yeomans. In the course of his argument Attorney Broome attempted to argue that the Council had been guilty of neglect of duty in certain reapecte. The Council ruled that, the Council not being on trial, Mr. Broome could not continue his argument along these lines. To this rdling Attorney Broome did then and i there except. Motion by J. R. Cason, Jr., seconded by L. H. Bradshaw, That the motion to quash be denied. i Carried. Notion denied. Attorney Broome, Maiming that A. MacDTeilly had never been properly reinstated in office, moved that the Council proceed to so reinstate him and turn over ell keys, books ete•, belonging to the office. Council ruled that this was not a proper matter to con- sider st this time. No action taken. Mr. MacNeilly was called upon to plead to the charges as read and stood mute. i'he Council then proceeded to hear the evidence. It was agreed by attorneys that the Council take ~udicisl notice of the `Down Ordinances. Sec. 8, Page 11; Seo. 44, Page 22, and all the Ordinance re- lating to assessment and collection of tales was con- sidered in evldenee. F9. A. Brennan called as a witness, gave evidence. Assessment Rolls for 1914 placed in evidence. Objection by Attorney Broome, over-ruled and exeeption noted. D. Hawker called as a witness. Town cash ' admitted as evidence. Ob3eation by Attorney Broome over-ruled and exception noted. R. S. Yeomnas called ea a witness. Audit oP the town books placed in evidence. No objection. Motion by Attorney Broome that all the testimony of D. Hawker be stricken out, overruled and exception noted. The Town rested its case. No evidence introduced by MacNeilly. The Council then heard arguments oP the attorneys. The Following resolution was introduced and read: jiesolved by the Town Council oP the Town oP Delray, Florida, That this Council having heard and tried the charges against Allan MacNeilly, as per the record of the case and the minutes oP this Council fully appear, and having duly considered the evidence and the arguments oP counsel, this Council is oP the opinion that the charges e~sinst A. ~&acNeilly have been sus- tained by the evidence and that the said 1~~acNeilly is guilty oP Misfeasance, MalPeasanoe and HonYeasance in oPYioe and that he be and is hereby removed Yrom the oFFice of Town Clerk, Treasurer and Assessor. .Motion by J. R. Cason Jr., seconded by L. H. Bradshaw, That the resolution be adopted as read. Roll Call, J. R. Cason, Jr., Yea; L. H. Bradshaw, Yea; $. J. Sterling, present and not voting; w. W. Bleokmer Yea. Carried by a two-thirds vote of members present. Attorney Broome gave notice that he would ap- ply for a writ of mandamus for reinstatement of BQacNe311y. The Council then proceeded to examine and prepare tha ballot box for the annual election. W. W. Blackmer presented his resignation as Councilman. Laved on the table, There being no further business the Counoil adjourned. Pres. Town Council. Attest, /~ Uf ~-~--~-av~~ Town Clerk.