Arizona republican., 1890-05-20
A DESPERATE FIGHT. Battling for the Control of
 the Asylum. Is Dr. Titus an Officer or an
 EmplOye? Judge Kibby Wants Further Advice Upon the QuestiOn-Argument
 to be Continued To-day.

The merry war was opened in the District Court yesterday.
 Attorney Alexander armed with many ponderous tonnes of the law, appeared to argue his plea in abatement in the cases of the Territory upon the relation of the Attorney-General against J. L. B. Alexander, Secretary of the Insane Asylum Directors, and Dr. Titus, Resi- dent Physician and Superintendent of the Insane Asylum, charging them with usurping and unlawfully holding their respective offices.
 The weight of Mir. Alexander's plea was to the effect that Alexander was not a public officer, being merely an em- ploye of the Directore and holding his position at the will of that body, while Dr. Titus, it was urged, was also an em. ploye of the Board and could not be re- moved except for cause by impeach- ment, in which event the right of ap- peal was claimed for him.
 This view was ably combatted by At torney-General Churchill, who held that both officers were public ones and that while their respective offices were continuous, the men holding them were only employees. There was very wide distinction. There was no fixed tenure of those offices, while the authorities cited by the learned counsel for the de. fense in the cases of employees of cor porations related to employees of a rail. way corporation. Railway officers were not public officers for the reason that the government did not own the rail ways. As for the Superintendent of the Insane Asylum, his was one of the most important public offices in the Terri tory. Even the Governor had not upon his shoulders so heavy weight of re- sponsibility. Within his domain Dr. Titus was invested with plenary yowers, having unlimited control of the human beings under him. He could employ and discharge assistants at his own will, keeping merely record of these changes open to inspection as was the habit in public offices, although he might be re- Versed in some of these things by the directors.
 He purchased all the supplies for the
 
 of about 5000 per month on the aver age and paid cash for them, turning in his accounts afterwards
 Mr. Alexander interrupted the speaker at this point, asking him where he got that law.
 Mir. Churchill read him the code, showing that it was the duty of the di- rectors to contract for supplies for the asylum, and that the superintendent was authorized, in cases of emergency, to go into the open market and pur- chase supplies to the value of $l00 with out consulting the directors.
 Continuing, the Attorney-General claimed that all supplies must be pur- chased by the superintendent, who ex- pended the money after the contracts were let. All the people in the asylum were under the absolute control of the superintendent, mentally, morally, physically and every other way. lie was as much public official as it was possible to be, and as such was usurp- ing the office held by him and it was in the power of this court to oust him from that office.
 A rather dramatic incident occurred at this juncture. Leaping to his feet as MT. Churchill reached this point in his remarks, Mir. Alexander said:
 And suppose, MT. Attorney-General, that when the court had turned these off cers out the board of asylum direc- tors should reappoint them tomorrow ?"
 'The supposed difficulty in the execu- tion of a judgment" MT. Churchill responded, "is no excuse for not render ing it."
 "That is not the point" remarked MT. Alexander, quickly. 'I said, sup pose the Board should reappoint them? What would you do about it?"
 "I should hope to have them all in jail before tomorrow night" quickly re- piled the Attorney-G General.
 What for? Contempt of court?"
 'It is not my practice to cross a bridge until I have reached it," Mir. Churchill said and went on strengthen ing his position by argument.
 It was near the hour of adjournment when he had concluded, but Judge Kib- bey heard Mir. Alexander in reply to the position taken by the Attorney General and particularly upon the points as to whether Dr. Titus and Secretary Alex ander were officers or employees, and as to whether they were accountable to the Directors or to the people for the conduct of their respective positions. Not being fully satisfied in his mind as to the status of the matter, Judge Kibbey reserved his decision and will hear further argument more particularly upon the point as to the difference be- tween an employe and an officer this morning.
 The cases against the holding-over state prison officials are also set for this morning, Attorney-General Churchill appearing for the prosecution, and Judges Street and Barnes for the de- fense. TIE REPUBLICAN has alrrady explained the issue involved in these proceedings.