The evening world., 1893-09-21
DAVENPORT FIGHTS.
Still Trying to Get Back His
Rooms in tho Federal Building.
Pusnacious Postmaster Dayton Goes
to Court In Person.
Judge Lacombs Hears tho Elected
Supervisors Reasons.

The great legal controversy between
Postmaster Dayton, as custodian OF the
Post-Ofiice building and representative
cf 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
backed up by his lieutenant, Jimmie
Doran.
The General Post once is inadequate to
the constantly growing service for which
It was intended. As a great many peo-
pie know. John I. Davenport has occu-
pied rooms ia. 176 and 17s on the fifth
or top floor Of the building-not AS
United States Commissioner. but as
rooms as great as two Of the Circuit
Court Chambers. and in his work as the
Chief Supervisor Of Elections Mr.. Day
export actually uses these rooms only
about one month each year. The rest
OF the year they are filled only with
echoless space.
to-waste space, and he served notice on
Davenport to vacate That was Aug. ~.
and he gave the tenant three days to
get out. Davenport did not move, and
after waiting another day Mr.. Dayton.
on Sept. 2, made a forcible entrance to
the rooms. tore of the old locks. put on
Then John l. 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.
Mr.. Dayton appeared In person to-day
to defend his action. He is about az a.,
biz physisay air az the e.,
AZ Johnny Is In his Republicanism. He
Is Just as aggressive and Just a. pugna-
cious, and that is saying good deal;
Commissioner and as Chief Supervisor.
Davenport is an officer OF the Circuit
Court, having been appointed to both
eral Building in which the Post Office
is located is primarily United States
courthouse, and that In II must be pro-
He said that the Chief Supervisor Of
records, under the. law creating the
must have place in the Court House
in which to securely keep those court
Mr. deuel. cited the decision of Judge
Brown I'm the case OF Appraiser Sharpe
Ut the Customs Department. In that
case Postmaster Van Colt ousted United
Ssice. and Judge Brown held tina that "a" as
Lyman was clerk Of he Circuit Court
nc could not he ousted.
resresns That e eonsr essam A.sBe y p
Fitch, who has been making things I'M
comfortable for Davenport for a year
e tmSs mot to as S oher
engagements had prevented his attend
Then Mr.. Dayton read letters from the
him in his summary election of the
Chief Supervisor. The order Of the Sec
rotary Of the Treasury directing Post,
and Us to the Supervisor was read by
plainly, the Secretary Of the treasury
had full power over the building.
The Postmaster disciaimed any inten.
tional contempt of court. He insisted
that a Commissioner was not ian OH.
law An otficer Of the e court is - such an
employee OF the court as was directly
under the control OF the coprt.
ASSIGNED to Davenport as chief ' Super
visor of Elections and not as Com
missioner. A Supervisor is appointed b,
the courts. but Is hardly an oftieer Of tn
court"
MIR. Dayton cited several decisions ii,
spoken of as election officers. not cour,
officers. Davenport. Is not on the pay
rolls Of any court. and Mr. Dayton ar !,
the court nor the Post-Office.
Judge Brown. in deciding the Sharpe
Lyman ease, saiu that the deed of tn
and the Post-Offlce, and Mr.. Dayton In
sisted that Davenport had only been toll
Grated in the building for twenty-five
years.
on finding that the rooms held b
Davenport had been for years. and unit
the Increased business of courts an
:, store-rooms Judge Lacombe said, Wit
"a twinkle in his eye. that as the court
were very much crowded he should b
glad to cooperate with the Postmaste
In assigning them to the imperativ
needs of the courts and the Post Office
The little Postmaster next turned I
an attack upon the proposition of Daven
port that he must have room for hi
valuable records. He said:
"a brief examination by this Cour
would show that those alleged valuabl
records are now scattered and heape
up. covered with cobwebs and dust a
over the rooms. and that they could b
cared for in one-twentieth of the spac
now wasted on them.
THAT this Supervisor OF Election
who makes his own warrants. make
his own arrests and never comes nea
the Court except in the rare cases whel
he finds reason for appearing before III
Grand Jury. to ask for an indctmen
may nave tnlb once 10 Nlslt one monk
out OF the year. these large rooms al
held away from the Post ONCE and II
urgent needs"
Commissioner Deuel. replied 10 Pos
master Dayton. He declared that q
officer OF the court had been ASSAULT
in his rights. the records of the cou
had been taken away from him and
had been denied access to them.
THE custodian OF the building On
Dayt9m shows a Familiarity with Il
records and books OF the Chief Sup
visor OF Elections which ne clearly h,
no right TO-" concluded Mr. Dous
and u Is clearly in contempt % court
Judge Lacombe took the papers r
serving his decision
Sretcbed a Saloon x seper's wntc'
Thomas Harmon and John Murpt