The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-12-14
DRUNKENNESS
Is ALLEGED
AGAINST ROSS
New Feature Of the Effort to
Gust Mayor of LawtOn.
HUNTED EDITOR WITH GUN
An Intricate Point in Success
sion to Office.
HUNTED EDITOR WITH GUN

Lawton. o. T, Dec. 1s-The board OF
county commissioners have taken up the
fight now being waged 10 Gust Leslie p
Ross from the Office of mayor OF Lawton,
says the News this morning. Ut a meet
ing held on the 18th OF this month. SO
stated the official proceedings as pub
lished. the board instructed the county
attorney. Y. c. Stevens, TO begin custer
proceedings against the mayor.
As 10 the grounds which are to be al
legged. the entire Lawton public is fully
aware OF the report OF the grand jury. II
! is also understood that the people all
/ over Oklahoma have heard OF that re-
port and the fling OF information by
the county attorney in the first instance.
The second one has just come 10 light.
The charges made by the grand jury
were sweeping, indeed. being drunken
ness. gambling. disturbing the peace and
hunting an editor with a gun.
This matter OF she custer OF Leslie ?.
Ross has reached an acute stage, one in
which the removal may take place at
almost any time While this Is true. it is
/ likewise so that the mayor may be able
TO stem the rising tide until after next
april.
1t is learned that in fling these second
( charges the county attorney has followed
the statutes more closely. or rather, 10
( be more accurate, the act of the legisia-
/ turo OF 1898.
That act provides that where an officer
has been guilty of habitual drunkenness
he may be removed As to who shall
bring the action the act says that the
| board of county commissioners, in the
name Of the county. shall make such
/ charge and bring the action, and the dis
trict court shall have exclusive jurisdic-
ton"
II the present program is followed the
mayor be may be ousted at once. even
without a trial On this point the act Of
the legislature says:
When the complaint for removal is
! filed, if. in addition to the matter charged
/ as grounds for removal, the complaint
shall also pray that the officer charged
! be suspended from Office pending the in
vestigation, the judge or the court may.
if sufficient cause appear from the
charge or from the testimony, or affida-
Wits then presented, order the suspension
of the accused from the functions Of his
4
ter If the order OF suspension be made
and the court be then in session, the ac-
cused shall be entitled to a trial Within
ten days, if he demands it, II the court
be not in session, then the accused shall
be entitled TO trial on the first day OF
the next term"
From all of which il can be seen that
III case Judge Gillette, when the papers
are presented, should decide that the
afidavits were sufficient then an imme-
diate suspension could be ordered, and
the mayor could not have a trial until
the next term Of court. In this conuec-
ton. II might be mentioned that a term
of court will be held in January. bat it IS
an open question as to whether that
/ term is the next term" as mentioned ia
I this act. Certain it is that no jury will
/ be present. and for that reason It IS
+ doubtful If the trial could be held at
that time
1t is learned that the contention Of
/ the mayor will be that the act OF 1885.
when it says "an elective or appointed
county. township and other officers,
applies only to county and township Of
! fcers, and that a mayor OF a city OF the
l4iSt class tdlAl4hA ~ sl7 fiF4itA'tA va t4t'A
under the act
In case Judge Gillette does suspend
Mayor Ross. an important question VIII
arise; that is, who will be his successor?
I The general statute provides that in
case that amy vacancy shall happen in
( the Office OF mayor the president OF the
/ city council. for the time being shall
! exercise the duties Of the Office Of
mayor. Then follows a provision that
+ in case the vacancy occurs ninety days
+ before the next election. then the presi-
! dent OF the council shall exercise tn
! functions Of the Office. II that be held
/ 10 apply then Mr.. Bruce would be mayor
until special election could b. held.
/ On the other hand. II the case fan under
/ the act Of 1895 taen The county board
+ ~ commissioners must appoint a Demo
I era
J County Attorney Stevens s. out q the
city. at Enid. the notice on his door says.
+ and may stop or II Anadarko on his
way back and Gle the charges 10 have