Pine Bluff daily graphic., 1903-11-17

The following is Judge GraceS opin
ion in full in the action of j. F. Culpe?-
ner against the city and E. A. Peter
con also a party defendant. to recover
salary as chief of police, and to decide
whether Culpepper or Peterson is the
real chief of police:
J. F. Culpepper v. E. A. Petersen
ct al.
This action was originally brought
nv J. F. Culpepper against the city II
Pine Bluff to recover salary alleged 10
ho due him for services as chief of po-
lice of said city and which the city
refused to pay. The city appeared
and filed a motion to make E. A. Peter,
son party defendant, alleging that
said Peterson, without collusion with
the city, was also claiming the sftice
nj, chief of police and the salary there
of for the same months whicht plain
tiff sued for, and asking that they be
reouired t., litigate their respective
claims between them; the city stand
ing ready to pay the successful par
ty. By consent of plaintiff, Petersen
was made party defendant and ap-
peared and answered, claiming that
he Peterson, was entitled to the office
and salary of chief of police by virtue
of an appointment thereto made by H.
King White, the mayor of said city on
the 18th day of June, 1903, which he
had accepted and that he mad quail
fed and entered upon the discharge
of his duties. as such, on the 18th day
of June 1903. and that he had CONTINUE
ed to hold said office to the presen.
time. The parties having waived
Jury, the cause was submitted to the
court upon the evidence and briefs
of counsel and upon consideration
thereof the court finds the facts as fol-
lows
Finding of Facts.
That Pine Bluff is city of the first
class and that plaintiff, ). F. Culpepper
was appointed chief of police Of said
city by the mayor thereof IN the 18th
day of April 1908, and at once duly
charge Of the duties of the office.
That the salary of said Office
is one hundred dollars per month,
payable monthly as fixed by ordnance
That Oil the day of May, 1903,
the plaintiff was suspended from Of
fee by the mayor, which suspension
was reported to the city council. Upon
investigation the council refused to
the premises. On the 2Sth day of
May, 1903 James Gould, sheriff Of
jefferson county, Arkansas, appointed
the plaintiff deputy sherif Of said coun-
ty, and on the 3Oth day of May, 1903
plaintiff took the oath of Office as such
deputy sheriff, and his appointment
was reported to and confirmed and ap
proved by the circuit court of said
county, which was then in session.
That this appointment was made for
special purpose, which plaintiff after
ward abandoned. and that he never per
formed any service Or did any act as
deputy sheriff and resigned as such
few days later
That on the 14th of June, 1903 May
or White declared that by accepting
office as deputy sheriff plaintiff had
abandoned and virtually resigned his
Office as chief of police, thereby Great
Ing vacancy, which he proceeded to
I'LL by appointing the defendant. E. A.
Peterson, chief of police Of said city.
On the 18th of June. 1903, defendant
qualified and gave bond as required by
law and entered upon the discharge of
the duties OF said Office and has coz
unued to hold and occupy the same
and perform the duties therecf up to
the present time.
mat Immediately ar"ar the appoint
"ent OF Peterson. the plaintiff noti-
heu the mayor that he, the paz.intiff,
refused to recognize his removal and
'lat ne was ready and wiling TO per
form all the duties Of said Office. and
mas so continued from that 10 The pres
eh' time; but the mayor refuse tc
recognize him as chief or to permit
hlm to act as such.
mat neither party has drawn the
salary and the city awes the rightful
.h'e1 the salary of one hundred dol
'ars per month from June list, 1903,
up to the present time.
on this state of facts the prime ques-