The evening world. [volume] (New York, N.Y.) 1887-1931, 1893-09-21
DAVENPORT FIGHTS.
Still Trying to Get Back His
Rooms in tho Federal Building. .
Pugnaolous Postmaster Dayton Goes
TO Court In Person.
Judge Lacombs Hears the Objected
supervisors Reasons.

The great legal controversy between
Postmaster Dayton, as custodian OF the
Post ONCE building and repre- sentative
VI the United States Treasury Depart
ment, on the one side, and Johnny
DAVENPORT Chief Federal Supervisor OF
Elections and United States Commits
sioner, was brought to a head before
Judge Lacombe in the Circuit Court to-
day.
United States Commissioner Joseph NJ.
Deuel. appeared as counsel for Daven-
port. and that little man and intrepid
Incarceration of Democratic voters was
hacked UP by his lieutenant. Jimmie
Dcran.
The General Post Office Is inadequate to
the constantly growing service for which
It was intended. As q great many peo-
pie know, John I. Davenport has ccru-
pied rooms ia. 176 and l7S on the Attn
or top floor OF the building-not as
United States Commissioner. but az
Chief SUPERVISE Ts M o ere tho ,h ircmt
Court Chambers, and In his work as the
chief Supervisor of Elections Mr.. Day
export actually uses these rooms only
OF the year they are filled only with
Postmaster Dayton needed this gone
to-waste space, and he served notice on
Davenport to vacate. That was Aug. 2s.
and he gave the tenant three days to
get out Davenport did not move. and
after s.n waiting man fer cay r
the rooms, tore of the old locks. put on
new ones and locked the doors securely;
Then John, I. Davenport petitioned
Judge Lacombe for an order requiring
Postmaster Dayton to show. cause why
he should not be adjudged In contempt
Of court In locking him out OF his office.
to ~" defend ' his "e action. He is about as
big. physically. as the redoubtable
Johnny. He is as stiff in his Democracy
as Johnny Is In his Republlcanlsm: lie
cious. and that is saying good deal.
Commissioner Deuel. contended that as
Commissioner and. as Chief Supervisor.
Court, having been appointed to both
places by the Court, and that the Fed
eral Building In which the Post. ONCE
courthouse. and that in it must be pro-
He said that the Chief Supervisor OF
once Twenty years ago. and that he
must have a place In the Court House
in which to securely keep those court
Mr.. Deuel. cited the decision OF Judge
Brown In the case OF Appraiser Sharpe.
q of the Customs Department. In that
/, state Comlnissioner Lyman from his
once. and Judge Brown held that as
Lyman was clerk of he Circuit Court
he could NOT be ousted,
,as Postmaster Dayton began his reply by
.Eegretting that Congressman Ashbel j.
/. Fitch, who has been making things I'M
comfortable for Davenport for a year
! or two was not present to assist him.
: He had expected Mr.. Fitch. but other
J iengsgefnenfs had prevented his attend
~ Then Mr.. Dayton read letters from the
-s6ecretary OF the Treasury. upholding
him In his summary election OF the
Chief supervisor. The order OF the Sec
matter Pearson to assign rooms i744. i7s
and l7s to the Supervisor was read by
Mr., Dayton. from which he argued that.
plainly the Secretary q ,,, III Treasury
The Postmaster disclaimed any inten-
@ttonaf' contempt of court. He insisted
that 81 Commissioner was not AN ofi-
Ger Or the cour" in the meaning Of the
law. An officer OF the court IL such an
employee OF the court as was directly
under the control OF the court.
Moreover, the rooms were specifically
assigned to Davenport, as Chief Super
visor OF Elections and not as Com
missioner. A Supervisor is appointed by
the but Is hardy an ofer OF the
torney: who is also IAN officer Of the
court" -.
Mr.; Dayton cited several decisions in
spoken Of as election officers. not court
Officers. Davenport is not on the pay
rolls Of any court. and Mr.. Dayton ar
gued that he was connected neither with
the court nor the Post-Ofice.
Judge Brown. In deciding the Sharpe
Lyman case. saiu that the deed OF the
and the Post-ofi,ce. and Mr.. Dayton in n,
-sisted that Davenport had only been toll
Grated in the building for twenty-five
On finding that the rooms held by
Davenport had been for years. and until
the increased business of courts AND
Post ONCE. used for rubbish and
!. n twinkle in his eye. that as the courts
were very much crowded he should b'
glad TO cooperate with the Postmaste,
needs Of the courts and the Post -Ofiice
The little Postmaster next turned Il
an attack upon the proposition OF Davs e.,
valuable records. He said:
"a brief examination by this Cour
would show that those alleged valuable
up. covered with cobwebs and dust. al
over the rooms. and that they could b.
cared for In one-twentieth of the spac
now wasted on them.
who makes his own warrants. make
his own arrests and never comes nea
the Court except in the rare cases wher
ne hnds reason for appearing before tn
GRAND Jury to ask for an indictment
may have this office to visit one mont
out Of the year. these large rooms ar
held away from the Post-office and 1t
urgent needs"
Commissioner Deuel. replied 10 Posi-
master Dayton. He declared that a
oficer of the court had been assaultr
In his rights. the records Of the con-
had been taken away from him and h
had been denied access TO them
THE custodian OF the building MI
Dayton) shows a familiarity with tn
records e, and o no1ss OF me cniea sup,
no right to-" concluded Mr.. Deue
and II is clearly in contempt OF court.
Judge Lacombe took the papers, RI
serving his decision.