The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-01-15
TOLER CAN'T SERVE
May Have TO Go Through the
Quo Warranto Process.
WILL TRY SPENCER TOO
Beauties of Metropolitan Sys-
tenn ExemplIfed.

Custer proceedings will be instituted
against H G. Toler and George Spencer.
That was the information given cut by
Populist yesterday who is not identified
particularly with either faction in the po-
lice commission fight. Toler is not eligi-
BILE because he has not lived in the city the
required length of time. George Spencer
was not a householder when appointed, it
Is alleged. Speaking of the qualifications
OF members Of the police board, the ses-
sion laws of 1885, chapter Isl, section !,
declares: ''Such commissioners shall have
been qualified electors and householders
OF such city at least three years next prior
TO their appointment" And the law says
further that such commissioners shall,
prior to their appointment, have been a
householder for three years. And the law
defines a householder as man owning
and occupying a house as residence, and
net as a boarder or Iodger.
There was also talk of including in the
custer proceeding charge of malfeas-
ance in the work of the old board, but
nothing has been decided in that matter.
The fight goes on right merrily. Strait
ton, who was more than any other man
instrumental in having Furnish fired, is
sore that he did not get the place, and
now he is against Toler. Leedy win re-
ceive hundred letters within twenty
four hours concerning the matter. STRAIT
ton was full confident, and when it was
announced that Furnish was fired he got
the story started in some way that he
himself was to be successor of Furnish.
He fully expected it, and when the APP
pointment came for Toler, Stratton flock
cd around in a rage. He wanted some
thing done. He went to A. Z. Helm and
wanted that gentleman to inform Cover
nor Leedy that Toler was ineligible and
the wrong man. 1t is said that Helm,
after some very pertinent remarks. gave
Stratton a good dish of frosted turkey,
with the advice that he should go and
work out his own salvation. Stratton will
be against Toler. He's got a plain case
and wants the position.
Governor Leedy probably thought he
was settling the fight here, but he has
made it three times as bad. Some think
that he made a mistake and didn't know
about the conditions, and that Toler was
not resident of Wichita Some profess
to believe that it was little coup to get
TOler out of the way with his governor
ship plans. Leedy has appointed Toler
and says now that if b. is not qualified
let some one bring quo warranto pro-
ceedings. He will not undo the appoint
ment. Commenting on the matter yes
terday, a Topeka paper said:
The law regarding the appointment of
police commissioners was pointed out to
Governor Leedy yesterday, who said 1t
was a surprise to him. He would not
say. however, that he thought the law
was a good one or whether in his opinion
1t would hold good. Neither did he hint
as to a possible successor to Furnish if
Toler is disqualified.
Tolerville is about eight miles from
Wichita proper. With the combined fore
sight of all the towns real estate agents
during the boom period, looking toward
the ultimate settlement of the unclaimed
prairies, the limits of North Wichita were
extended within two miles of Mr.. Toler's
farm. But their wisdom was not suffi-
GENTLY far-reaching and the said farm
was not included within the city limits.
and so Toler cannot be police commits
sioner.
The report was circulated yesterday that
the governor had telegraphed here can
ceiling the commission issued to Toler,
but that is not true. Mr.. Toler was ad-
vised by telegram from Topeka of some
Inevitable things to occur, but he was
aot removed.
There was rumpus in the board yes
lerday morning when the new dictator
assumed charge. Spencer knows he can
DOT be boss if Toler is on the board. On
account of public comment he kicked yes
:erday on Toler's grasp, and hlurted out
That Mark Hanna's double had no right
on a Pop free silver board.
Harry Sutton, who knows his business
and attends to the same in first class
shape, had 10 quit his position. The fight
has now come down to a matter of bust