The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-16
No One Cares to Talk About Com
missioner Boyce's Case.
HE CONTINUES TO HOLD oFFic.
County ommtssioners Nfekers0a
aud Ryan VIII Not Take StePs 10
Have Royce Suspended. Neither
VIII the Prosecuting Attorney,
and Judge Benson In Not Inclined
TO Move-Judge Jacobs Talks

Mum Is the word" mp al the court
house now among the Populists when any
body casually asks. What are you going
10 do about Commissioner Royce Boyce
himself is mum. Boyce's colleagues on
,hs beard. Timothy Ryan and F. .. Nick
ersoa, are mum. Prosecuting Attorney
McElroy Is MUM, and Judge Benson, who
hsl charge Of the recent grand jury. IS
mum: III fact, he : extra dry when any,
one says anything about Beyce 10 him.
1t Is pretty definitely understood among
the Fopulisys. il Is said. that IL Boyce -
going 10 be suspended o. removed before
the charge of obtaining money under
false pretenses made against him by tbs
grand jury is tried. the suspension or re-
moyai Will be al his own request. Boyce
won't say what his intentions are and
declines 10 discuss ;ae matter absolutely.
but the fact that he took his oftiee, and
held onto il, TOO, in face OF the united
opposition OF the Populists when the
charges OF corruption in connection with
the county road fund were first made
Against him over a year ago. IS regarded
as showing that he is not going 10
sign now merely because the grand jury
has happened TO ind.ct him Tor the same
alleged offense.
At any rate Boyce was around me
commissioners office again yesterday. per-
forming his accustomed duties with the
other members Of the board.
A Post-Iuteiiigencsr reporter yesterday
made inquiry among the county officers
and OF several lawyers who are familiar
with county affairs as to the r.ght OF
any court or officer 10 remove or suspend
Boyce or request his removal, suspension
or resignation, but obtained 10 very sat
isfactory information. Probably the clear
est statement was the one given by Judge
jacobs, who said
Judge Jacobs Talks.
1T is my opinion. without looking up
the law, however, that there is no law
that Will justify any officer or court IN
requesting a county commissioner res
ignation when he is under Indictment for
The crime charged against Boyce. And
am further Of the opinion that no Of
ficer or court could remove him from Of
iice IL lie refused TO resign because 80
indicted. II Boyce should happen to be
convicted upon trial under the indici-
ment and sentenced 10 Imprisonment, l
have no doubt that Oh application OF any
taxpayer Boyce might he removed by the
court declaring his office vacant; for -
person convicted of a felony would he
by that fact disqualified 10 hold office.
The court also might of its own motion.
in case of d conviction Of felony. include
ia the sentence imposed removal from
Office But the charge OF obtaining money
under false pretenses is only a felony
whsn Imprisonment In the pententiary is
a part OF the sentence Imposed. The law
says the punishment upon conviction shall
be- by fire and imprisonment, either or
both, IN the courts discretion Should
fine only be imposed upon Boyce. IL con-
victed / am satisfied he could not be -
moved from office a all. The mere fact
that a man is indicted does not amount 20
SO much. the indictmen. has not whit
more weight than complaint filed In
justice court. The presumption that every
man IS innocent until proved gniity pre-
Yeats the Indictment from interfering with
Commissioner Boycs holding Office
NcElroy and BENSON.
When the reporter went to Prosecuting
Attorney McElroy for his Statement; OF
what course the county government would
pursue regarding Boyoe, the prosecuting
attorney spoke very guardsdiy on the legal
aspects of the matter. lie said he had not
looked up the law ard could not say
whether there WAS any way in which
Boyce could be suspended until the
charges were disposed Of TIa SEEMED 10
pressed by Judge Jacobs. When asked
whether he would take any steps IL have
Boyce suspended. Mr. MeElroy practically
said h. thought il Was the courts bust
ness and rot his own although he. y ould
not pat his statement iu those words.
Mr.. McElroy Is willing 10 allow Judge
Benson 10 wrestie with all grand jury
matters una .ded. and 1t was plain 20 see
that ne considered the Boyca matter a.
in Judge Benson's particular province.
Judge Benson. when an interview con-
c4rniag Boyce's case was requested. re-
piled that he didn't care "a discuss tine
matter or any other matter for pual.ca-
ton: that the Post Intelligence was NOT
friendly to his party and would only use
any statement h might make 10 iriure il.
When asked II the par;y's best inter-
SIS did not demand that something be-
done Ia the matter in order 10 prevent the
partts political opponents from making
capital % Il. the judge merely looked over
taa reporters Tread and repeated hS re-
ftisal 10 ;alk about the case. When told
frat the prosecuting attorney and the
county rnlsSioners would take no Sc-
;iou and seemed 10 think he should. 1he
iaare still Vamaiue,i mum T. is evidently
rot Judge Renson's intention 20 ID any
ching about B3yce. II his actions speak
fo~ him.
Comm sss garers NlckerSua and Ryan
laugh. but won't say what she board in
tends 10 d. with IS member Who IS under
a cloud. They referred The reporter 10
judge Esnscn n the prosecuting attorney.
The Smallest Recruits.
Xa-t, V.ssrszsefs