The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-04-23
ENOCH FILES SUIT
VIII See Why He Is Not Given
the Office
OF CITY POLICE JUDGE
Petition Filed in District Court
With State as Plaintiff,

All other means having failed to secure
for E. E. Enoch possession of the Office of
police judge. Mr.. Enoch yesterday com
menced quo warranto proceedings in the
district court to GUST Judge Mitchell, the
present incumbent. The petition, as writ
ten by Dyer & Davis, makes very in
teresting reading, inasmuch as it is the
first case Of the kind ever filed in this
county. 1t is as follows:
State Of Kansas eX rel, plaintiff Us. D.
A Mitchell, defendant
Now comes S. B. Amidon, who IS the
dUly elected, acting and qualified county
attorney of Sedgwick county, Kansas,
who proceeds in his own proper person
in the name Of the state Of Kansas, and
gives the court TO understand and knows
% The city of Wichita has at all times
hereinafter mentioned has been and now
is a city Of the first-class.
% That on he fifth day Of April, 1857,
one T. L. Dixon was duly elected police
judge Of said city, and duly qualified on
the eleventh day Of April, 1857, and en-
tered upon his duties as said police judge
90 That in June, 1887 there was APP
pointed by the executive coundl Of the
state Of Kansas a board of police com
missioners for the ely Of Wichita, under
and by the provisions Of the laws Of the
state snsas passed in 1857. and ap-
proved March I, 1887, and became a law
March . 1881
"a That on the third day Of April. 1889,
the board of police commissioners duly
appointed A. R. MuseIIer police judge OF
the city of Wichita. as a successor to the
said 7. L. Dixon, police Judge. elected as
aforesaid under the provisions of the laws
Of Kansas, being chapter ISL laws of 1850
approved March ?, 1889. and duly pub
hshed IN the official state paper March
T., lSSt since w 'Ch tho police Judge
Of said city was, in accordance with law.
appointed by said board Of police com
nlissioners. and was under the supervision
Of said police commissioners until June,
1893
% That on the first day or July. 1895
the governor Of the state Of Kasas, I'm
accordance with law, abrorated the board
Of police commissioners for the city Of
Wichita, and the police government Of
said city was duly and legally turned over
10 the mayor and council of said city.
90 On the thirtieth day Of June. LOS.
the mayor Of the city OF Wichita by and
with the advice and consent of the coun-
eli Of said city. appointed n. A Mitchell.
the defendant, police Judge Of said city.
and the said defendant qualified by taking
the oath Of Office ard fling his bond. ap-
proved on thu eighth day of july. 1895.
and was the acting police Judge of said
city untu the tenth day OF April. 1893.
% That 2. E. Enoch now rs and ever
since the year 1883 has been qualified
elector Of said city and duly eligible to
the Office Of police judge Of said city
80 That on the seventeenth day Of
March. 1899 the mayor Of the city Of
Wichita issued an election proclamation
rs follows:
ELECTION PROCLAMATION.
T. FinTny Ross. MAYOR Of the city of
Wichita. Kan. by virtue Of the power.
vested IN me by law. do hereby make
proclamation to the qualified electors Of
said city of Wichita, that there viii be
held on Tuesday April L. A. y. 1899 an
election for the purpose Of electing tho
following officers. to-wit:
one mayor in place Of Fi1,ay Ross.
term expires April 10, 1899.
one city attorney, in place o. George
One city clerk, in place OF II. r. Kra-
mer; term expires Nay .. SEQ.
One city treasuser. IN place ot s. r
Herman: term expires May e.. 1899.
One police judge
One judge Of the city court.
One marshal Of the city court.
one clerk Of the city court.
One member of the city council for each
ward
One member Of the board Of education
for each ward.
Three justices Of the peace.
Three conSta bIes.
Done ar Wichita. Kan. this seventeenth
day Of March, A. n 1890
FTNLAY ROSS. Mayor.
And said proclamation was duly prb- /
ished in the Wichita Daily Eaefe In ac- /
''rd7nce with law. which said Wichita
Daily Eagle was the Official paper Of sail
citv of Wichita
'0 On the seventh dav Of March. 1,ao /
al a Republican convention held in The
7'fy Of Wichita 70 nominate candidates
to- city offices n be elected April {. $50 /
The names Of n. \ Mitchell th, d,f,n5
art and F. = Enoch were placed before
the convention in regular order for the
nomination for the office Of police ildre
and the said T. = Fnoch was duly de-
clared nominated by said convention. ar5
his certificate Of nomination.. +oret1,,,
with Other candidates for other cir, Of
fees. were da'y filed with the clerk of
said city and said 2. r. Enoch's name
was duly placed on the Official ballot under
the head Of Republican column.
GoN That on April f. 1919. there was d,17v
and legally he'd IN the city Of Wichita
an election to elect officers n fin the
vario-s city offices at which election there
were cast six thousand nine hundred fr-v
g 95M legal ballots by qualified electors
for the office ofA,'-jce judge. and no more.
Of which the said E. T. Enoch received
farty-f1~ hundred and sixty-six G46M
legal votes at said election and his on
ponent, one : n Tucker received two
thousand four hundred and eighty u .40O /
votes on thu Citizens ticket.
OD That on the sevenh dav OF An-iI
1899. the defendant. n. A NtchelI. fled
VIII the ,Ve-k of said CITY his protest +,
writing. protesting against the council o.
sad city canvassnE the returns of said
election 81 far as votes cast for po.ice
june were concerned.
tll on the seventh day ~ Ao~fI 1900
the city caurciI Of sa6 cflv dt-, and in
accordance with law canvassed The cleo
ton returns ana declared bv resolution,
that the said =. F. Eaoch was duly ans
legally elected 70 the Office of police ir5rs
and that a certificate OF election 10 given
70 plaintiff
G' That On thu eighth 6av Of Ar-5l