The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-12
Ne Nandamus Case TO Reinstate j.
B. Proctor on the Police Force.
,fVcE LEGAL FIGHT OVER LAW POINTS
.cur,snt Over Teohnicalities Consume
the Major Portion OF the DAY.. D,
Proctor Gives His Testimony.

,rhe erht is on and evidently from the
"A amer in which the plaintiff, ex-Police
|6olcer ]. D. Proctor, gave in his testimony
i. sterday It Is on In earnest and to a
sh SO far as be is concerned. Mr.. Proc.
IN evidenced considerable feeling, but it
~ he that his feelings were riled by
,slns compelled to wait all day and listen
"A ,he argument between the attorneys pro
La con on the question as to whether the
tldence in the case should be heard. or
"a ether the case should be considered by
IN Judge as a question of law, and de.
,de the case from point of law.
The hearing of the mandamus case in
Which ]. D. Proctor, ex-polce officer, is
aalntir and John G. Bla ekburn. chief OF
>llce, and John d. Woolford mayor are
ID PENDANTS, was begun in the Fifty-fifth
'4strlct court before Judge Wilson yester.
I'm morning. The history of the dismissal
al Police officer Proctor from the force
IN Chief of Police Blackburn, Proctor's
a5peal TO the city council, the reference
al the case to the police, FIRE and health
board as a commission, are all fresh In the
minds of the readers Of The Post, How
.thlef Blackburn and Mayor Woolford ig-
,Drad the commission to which Proctor
&se was referred, Mayor Woolford refus
I'm to preside at the meeting or recognize
Ae authority Of the commission, and Chief
Blackburn refused to appear before IL or
|ae any charges against Proctor is also
rel known. The commission reported to
nc city council and the case was again
More that body. By a vote of one ma
|5erlty the city council ordered that Proctor
III reinstated. Proctor went to Chief
~
cierk 10 be again placed on the force, but
tllef Blackburn refused to assign him
IN duty. II was then Mr. Proctor began
|fga proceedings and mandamus suit
Mas brought to compel Chief Blackburn
On order Of the court to relnsIate Mr.
Proctor as a regular police officer and
Skslgn him to duty,
MThls case Is now on. Nearly the entire
Nae of the sessions of the court yes
thrday was taken up in arguments be-
14Eeen the attorneys on preliminary points
Watkins d Jones, appear as attorneys for
Ne plaintiff. and Stewart Stewart x Lock
IN and Brashear s. Dannenbaum for the
defendants. At the opening of the case
Yesterday morning the attorneys for the
Nefense offered a demurrer to the amended
3ettlou of the plaintiff. This demurrer
fpntained the affldaylts Of Leny Green,
George Pendarvis Jr.. j. H White, Charles
n Wilson and George Voss, all OF which
Md that officer Proctor was very drunk
Md bolsterous on SUNDAY September 20
|E01. In George Noss' white Elephant Sa-
Mon" on Louisiana street in this city and
Mat he was In the saloon drunk all day
Sunday Counsel for the plalntin objected
ia the admission or filing of these affldavits
10 part of the demurrer After much
|bga qulbblIng. the attorneys for the plain
rx-i+h "A -nrH Two hal ,Dtf I'd
HE afft4avlts from the demurrer, 1t was
'xgreed by the counsel on n sides to
withdraw the affidsvits arA.s sent the
violence orally when the c'&N% heard.
Mr. John 6. Stewart, fpxs,ae defense,
fslmed that under the #4orlty vested
- his office by the city charter. CHIEF
|oF POLICE BLACKBURN HAD TnE
POWER TO DISCHARGE ANY MEMBER
FROM THE POLICE FORCE IN THE
City OF HOUSTON, AND THAT THE
USUALLY TERMED CIVIL SERVICE
BOARD, COMPOSED OF THE POLICE,
FIRE AND HEALTH BOARD, HAS 30
EXISTENCE UNDER THE CoNsTITU-
ZION, AND RECOGNIZING THIS FACT
fHIEF BLACKBURN COULD NOT AP-
FEAR BEFORE IT, PREFER CHARGES
BEFORE IT OR RECOGNIZE IT IN ANY
BANNER. He cited the court to Article
~ Of the Revised Code Of Ordinances Of
I'M CITY or Houston, which says: The
thlt OF police shall have the power to
tsclsrge or suspend from the regular
1not,sany oHlcer for disobedience, insubor
%Islen or neglect of duty" Tie main
fe . IN his argument against the legal ex-
i fence s OF the civil service board was that
II hAeu the tenure of Office at life or dur
III. good behavior, which is in direct con
~ Witn the constitution of the State of
eAas, which ixes the tenure of all officers
hot TO exceed two years. Mr.. Stewart
~ NJ q strong argument on this point.
~ EuEar watkins, of Watkins & Jones,