Telegram-herald., 1891-03-22

duly fled and recorded IN the once OF
the clerk OF said county OF Kent; that
Isaac r. LamoTeaux tneFeupon lmme-
diateiy took the oath and duly quail
ned as such under-sherff, en-
tered upon the duties OF ms SAID
Office as under-sheFlit, and thereafter
continued 60 use, hold and exercise the
sad office OF under saerlff and dis
charge the duties thereof continuously
throughout the entire Official term Of
the said Looms h. Bishop, sheriff, aud
that al the time OF the expiration OF
the Official term of the said LOOMS h.
Rslop as such sheriff. and the intrus-
ION OF the SAID John Mcqueen into the
said Office, he was still under sher.ft OF
the county, holding, exercising and dis
charging the duties thereof.
The information then aftirms that
Lamoresux became and was entitled
TO occupy and hold the office OF sheriff
until successor of Sheriff Blsnop WAS
duly elected and qualified. Mr. Lam
oreaux signs his written consent 10 act
as relator and agrees 10 pay all osis
levied III favor OF the respondent.
McEnights Refusal
Early Yesterday morning Mr.. Earle
presented the information 10 ProsecUt-
ing Attorney Mcknight and requested
him 10 Tile il. Mr.. Mcknight demurred
and the whole forenoon was spent III
explaining 10 HIM the law and his duty.
lie at first SAID that il was no part OF
his duty TO commence proceedings on
the part of the people when specific
rclator was attempting 10 test the title
10 the Office. Mr.. Earle then proposed
TO draw up a new Information, omit
ting all reference 10 Mr.. Lamoreaux,
and test the title of Mcqueen separate
aud apaIt from all other consldera-
tons. Mr.. Mcknight excused himself
TO attend court, saying he would return
IN twenty minutes. An hour and a
half later he returned aud bluntly, yet
courteously informed Mr.. Earle that he
would lille 10 information against Nc
Queen until compelled TO do so by the
court, adding that he did not care 10
lend the influence of his office 10 II pro-
ceed.ng Of that character until he was
obliged to do SO. Thus one end of the
Democratic law machine OF the county
refused 10 attack the other end and the
only recourse left is by way of the At
torney-General and Supreme court.
n IouS
Mr.. Earle was found at his Office yes.
terday afternoon. In response TO in
ouires ne said it was fact that Demo
Gratis had contributed 10 the expense of
getting the proofs against Mcqueen.
"We have the atiidavIts of five of the
Mcqueen family, showing that John Is
a citizen of Canada, aud u large amount
of other and corroboratIng proofss OF
course we can not Use the atfidavlts. but
we can take the testimony OF the atfialnts
under depositions. When | came into
possession of these proofs, wrote Mr..
Mcqueen letter informing HIM of my
possession. and requesting him If any
mistake had been made, or If there WAS
any mistake about It, TO enllghten me,
but never have received reply, ex-
cept a call from General Rutherford.
who merely stated that Mcqueen would
defend his title TO the Office when II WAS
assalled."
There is but one way to test the title
to Office, and that is by proceedings IN
the nature of L quo warranto. The
statute provides that the proceeding
NAV be instituted or commenced either
IN the circuit or Supreme Court through
the prosecuting attorney or Attorney
General.
To Invoke the Supreme Court.
The point-blans refusal of Mr..
Mcknight puts an end TO the proceed
ing here Tor the present. Early next
week Mr.. Earle will present an inform
alton TO Attorney General Ellis, asking
hln to file it IN the Supreme Court. IL
Mr.. Ellis refuses To 30 so, then man
damus will De invoked 10 compel either
HIM or Mr.. Mcknight To file the inform
! alton in the proper court. IL III the
Supreme Court, II Is probable that that
BODY will order Il sent to the circuit t.
try and determine the question Of fact.
Mr. Earle holds that the law Is very
pIaln on the subject aud that the pro-
ceeding is regular, and the only one to
he pursued. He IS quite positive that
the precedents established rs to practice
III such proceedings, warrant him IN
asserting the right OF Lamorcaux tc
succeed to the Office while contestlng
! the validity of McQueen's title, and al
though there may he doubt as to the
! right of the former TO succeed, there ls
not a shadow of doubt IN his mind as to
the regularity of the steps taken To get
the matter into court. lie believes
that IN any event the proceeding vii
consume long period OF tune, aided
in large degree bv the disposition OF
Democratic oificeholders TO shield their
Canadian sheriff.
Mcouccn and Mcknight.
Prosecuting Attorney Mcknight was
disposed ~ be fair about ,heimatter. "Ii
y not my duty" sa,d he ''to start a pro
| ceedlng to test the title to Office for the
people when specific relator seeks 10
make his own clam good. lie should
/ apply direct TO the courts himself
tor neither myself nor the at
I torney- general are called upor
to fight the legal battles of specific
relators as IN tins case. He can apply
| To the courts without the Intervention
of either the attorney general or myself
! | declined TO fi.e the information, be
cause under the law il was not my duty
/ TO do So" Mr.. Mcknight said that IN a
I case where his duty was PLAIN. neither
/ friendship nor politics would prevent
/ him from acting.
The face of sheriff Mcqueen was
wreathed in smiles when he::wss asked
/ "Whst are you gong TO do about itP
/ The smile vanished sc he repiied with
/ solemn earnestness, 81 am a citizen oi
the nted States.
lie chatted pleasantly and talked
/ freely about bus ness but would not say
another word about tne information.
The Woman's Mission Annual.
/ The at1hteaafh annual r1eafsnr 81