The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-12-30
CONTEMPT Of COURT
Commissioners and Clerk of
Garfield County
ORDERED SENT TO JAIL
Judge McAtee Also Zines
Them $500 and Costs.
ORDERED SENT TO JAIL

Enid. o. T, Dec. &C. G. Epley and
r. l. Boyington, county commissioners,
and Frank 7. Halter. county clerk, were
committed to the county jail last night
by Judge John L. McAtee, district Judge
for contempt Of court in disobeying the
order made by the district court De-
cember Is, 1900. commanding them per-
emptorily to reconyene as a board Of
election canvassers and to properly can
vas sthe vote cast at the last election
for Charles Loran Moore and James K.
Beauchamp for probate judge Of Garfield
county.
On last Wednesday morning Charles
Loran Loors fled his affidavit in court
apprising the court that the commission
ers had refused to obey the former or
der Of the court in the above matter,
whereupon by his attorneys, Houston
James and George P. Rush, a motion
was filed and granted causing a citation
to issue against c. G. Epley, r. Boy
ington and J. H Riggs, county commits
sioners. and Frank T. Halter. county
clerk, commanding them and each of
them to appear in person before the
court and show cause, T any they had,
why they should not be punished for
contempt for the disobedfence of the for
mer order Of the court made on them to
reconvene as q board Of election can
vassers and properly canvess said vote.
On Friday morning. December %, all
Of the parties appeared before the court
and on examination it was disclosed to
the court that the defendants had sought
to avoid the duty commanded Of them by
resorting to Judge irwin and obtaining
from MIN supersedeas, staying further
execution and proceedings until the for
mer proceedings and order made against
them in the district court Of Garfield
county could be reviewed in the supreme
court.
Judge NTcAtee then Informed tach Of
the defendants that the order so made
by Judge irwin was without authority
Of law and no protection or defense to
them for refusing to obey the former
order made against them by this court.
Judge McAtee then permitted counsel to
interrogate each Of the defendants in
open court to ascertain from each Of
them his readiness and willingness to
now obey said order, to which interroga-
tories J. H. Riggs signifed by his an
swers mis- readiness and willingness TO
now obey the order Of the court made
against the board to canvess said vote
Whereupon Mr., Riggs was permitted by
the court to 90 unpunished except that
L. IL
carry out his willingness to obey said
order as soon as the same could be done
by having the consent Of a quorum Of the
board to act with him. The other defend
ants. c C. Epley. r. / B0yiugton and
Frank T. Halter each and all in open
court by Their. answers refused. even now,
to carry out and obey said former order
Of the court Hihereupon they were each
fined 500 and costs, and committed to
the county jail Of Garfield county until
they pay said fine and costs and should
purge themselves of contempt by obey
ing said former order Of the court.
Judge AfcAtee in his Investigations in
open court gave the matter more than
ordinary consideration and expressed
publicly to the defendant his desire to
treat them fairly and not harass them,
but 1t was his duty to sustain the dignity
Of the court and enforce the law. and
that he placed their liberties now in
their own handsby still giving them the
opportunity to purge themselves Of con
tempt by obeying the lawful order Of the
court. and upon their refusal to do so
the final order was made committing
them as above stated.
An estimate reveals the fact that at
least $100 eco have been invested ia good.
substantial business and dwelling houses
IN Enid within the past ninety days
Prominent among them we note the fol-
lowing;
The Gannon-Rogers-T Henry block al the
northeast corner Of the square is receive
ing the finishing touches. This building
is % by leo feet two SORES. pressed
brick. and cost $40 o00. The lower rooms
VIII be occupied by Z. A. Faubion and C.
" Penniman, while the second story Is
being fitted up fer Offices.
Kennedy Bros have Just completed a
brick addition 10 thir store room on the
east side which cose them 5000 This
gives them 50 by $50 feet two stories.