The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1879-08-08
Laramie City VS.. the People Of Wye
MING Territo-r

City last Tuesday, on legal business
connected with the above board. He
obeyed the summons. but went to Lar
annie well supported by legal advisers,
embodying thu best legal talent
of Cheyenne, namely, Messrs. Cor
lett, Johnson and Miller. The latter
two gentlemen returned yesterday with
Col. Murrin, and we learn from them
the particulars of the suit.
1t appears that Messrs. Brown &
Brockway, attorneys at law, at Laramie
City. appearing for the people of Lara
mic City and Albany county, entered a
complaint or information before Judge
Blair, OF the second district court,
against the board of p~enitentiary COM
m~issioners. Messrs. Murrin, Lanktree
and Durlacher. The plaintiffs claim in
their petition presented to the court,
that the law providing for the organi-
zation of the board of penitentiary
commissioners is invalid, and the COM
missioners should. therefore, be ousted.
The legal document upon which
this suit is BASED, reads as follows:
TERRITORY OF WYOMING,
COUNTY OF ALBANY.
In the district court second judicial
district.
TERRITORY OF WYoMrNG1
Ex REL NJ. G. BRowN, mA.
PROSECUTING ATTORNEY iaihliH.
OF ALBANY COUNTY.
VS..
LUKE MURRIN, THOMAS
LANKTREE AND SIMON Def'ts.
DURLACHER,
PETITION.
In the nature of an information in
quo warranto.
NJ. q. Brown, prosecuting attorney of
Albany county, Wyoming territory,
who prosecutes in behalf of the people
of the territory of Wyoming in Albany
county, comes now here into court and
gives the court to understand and be
Informed, that on the 9Th day of De-
cember, A. ID. 1869, the public office of
commissioners Of the penitentiary was
established by act of the legislative as
sembly of the territory of Wyoming,
which said act is now and ever since
has been a subsisting law u~nrepealed.
That said law, among other things,
provides that the governor shall APP
point by and with advice and consent of
the council, three commissioners, who
shall hold their offices for two years and
until their successors are appointed and,
Qualified.
That on or about the 10th day of De-
cember, A. ID. 1877, the legislative as
sembly of Wyoming territory, being
then in session, and on the day of its
final adjournment undertook to pass,
and did pass a bill appointing or at
tempting to appoint Luke Murrin,
Thomas Lanktree and,Simon Durlacher,
~penitentiary commissioners, and there
after the said bill was presented to
John NJ. Thayer, governor of Wyo-
ming, for his approval, and before the
said bill was signed by the said govern
nor of Wyoming, the said legislative as
sembly of Wyoming territory adjourned
without day, and thereafter, and ten
days or more after the said final adj
journment of the legislative assembly
of the territory of Wyoming, the said
John NJ. Thayer, governor of Wyoming
territory at that time, unlawfully did
sign said bill and delivered the
same to the secretary of said territory
as N of the laws of Wyoming terri
tory, and the same was published by
the said secretary of said territory Of
Wyoming as a law of Wyoming passed
by the fifth legislative assembly thereof,
and is to be found OH pages 81, SO, SO
and 80, of the session laws of Wyo-
ming 1877.
And the said M. c. Brown, relator,
would give the court further to UNDER
stands and be informed that the said act
or pretended act aforesaid, so published
as a law as aforesaid, never was an act
or law of the fifth legislative assembly
of wyoming, and became a law.
because it was presented to the gov
ernor on the last day of the session of
said fifth legislative assembly and was
signed by the said John M. Thayer, the
then governor Of Wyoming, many days
after said legislature had adjourned
I" sine die" s
And the said M. g. Brown, prosecut-
ing attorney of Albany county, relator
as aforesaid, further gives the court
here to understand aud be Informed
that the said Luke Murrin,, Thomas
Lanktree and Simon Durlacher, by vir-
tue of said pretended law as is believed,
and not otherwise, have unlawfully
usurped the public offices Of commits
sioners of the ~penitentiary, and did so
unlawfully usurp said Offices on OF
about the 10Th day of December. A. ID.
1877, and ever since have, and do now
mlawfully hold and exercise the func-
tions of said public offices of COM
missioners of the penitentiary, and ever
since AVE been and are now unlawfully
in the possession of said public offices,
and enjoying the emoluments, immuni-
ties and privileges a~ppertaining thereto
contrary to the form of the statutes in
such case made and provided, and
against the peace and dignity of the
territory Of Wyoming.
Wherefore the plaintiff demands and
prays judgment that the defendants are
not entitled to said offices, and that
they be ousted therefrom, and for costs,
M. G. BROWN,
Prosecuting attorney of Albany Co.
The case came up for hearing before
Judge Blair, last Wednesday morning,
Mr.. Brockway appearing for the plain
tiffs, and Messrs. Miller, Corlett and
johnson for the defendants. Judge.
Miller applied for a change of yenue,
which was opposed by Mr.. Brockway;
but Judge Blair granted on Thursday
morning the application for Change
Of venne to Carbon county, and the
hearing of the case is therefore post
poned until next autumn,
This proceeding, instituted as it is by
some of the leading citizensof Laramie,
shows plainlyto what lengththese people
viii go to accomplish their selfish pur-