Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-09-10
COMING TO A HEAD
Police Middle Will Be Settled by
Supreme Court Next Month.
Quo WarrantO Proceedings Brought
against Acting Chief T.. j. Russell,
Who Has Ten Days in Which
TO Make Answer.

The long action tending to-
ward a settlement of the police middle,
which was created by Mayor Burke and
which has already cost the taxpayers or
the city a large sum of money, was
taken up Tuesday by Chief Brownell,
through his attorney, j. +. Cushmah'
when quo warranto proceedings were
brought to make +. j. Russell show why
he is exercising the duties of chief of
police. The complaint and petition was
presented to Judge Tyler, who is hold
ing county court in this city, and he
ordered that the complaint be rcturnable
to the October term of the supreme
court to be held at Montpelier. Mr..
Russell is ordered to make answer to
the complaint within 10 days and all tes-
timony of the complainant must be
taken on or before September -, while
that of the defendant must be taken on
or before October 8. The papers were
served uron Mr.. Russell Tuesday night at
about seven o'clock by Sheriff Horton.
The complaint reviews the entire his
tory of the case from the appointment
Of Chief l}rownell by Mayor Hawley to
the time of his suspension by Mayor
Burke ana down to the present day. The
complaint reviews the charges made by
Mayor Burke against Chief Browmell,
the hearings before the police examiners
and the result of their findings. It
speaks of the method in which Chief
Browncll resumed his duties after the
charges had been found to he untrue
ard Of how Officer Russell was appoint
ed by Mayor Burke.
The language of the complaint with
reference to Officer Russell is as follows
And your complainant further AYERS
that said Russell under the claim and
prctense that he was duly and lawfully
appointed by said Burke to the office
of chief of police within and for said
city as hereinbefore set forth on said
18th day of August, 1908, unlawfully
attempted to usurp and exercise the
| functions and duties of said office and
from thence hitherto has continually
under the sanction of said mayor un-
| lawfully attempted so to do by un-
| lawfully issuing orders and directions
to the members of the police force
within and for said city and by UNDER
taking to perform all and singular
the duties and functions of said office
| and by unlawfully attempting to re-
| woke and countermand the proper and
| lawful order and directions of your
complainant in his lawful discharge of
the duties and functions of said Of
| fee: and threatens to continue in SO
doing to the great annoyance of your
complainant in the lawful exercise OF
his official duties and functions to the
| detriment of the police force of said
| city, and the good order ana peace OF
the citizens thereof.
! And your complainant further AYERS
that by virtue of his appointment he
| is now and has been since the date
! thereof except as hereinbcfore set
/ forth in the lawful exercise of the du-
ties and functions Of said office OF
| chief of police within and for said city
that he is now in the lawful possession
of said office and in the lawful dis
charge of the duties thereof without
let or hindrance except for the at
tempted usurpation of said office by
said Russell and his unla wful actions
and doings therein; that the said Rus
| sell against the right of your com
plainant and without lawful authority
has. as your complainant is informed
and therefore so AYERS, taken the GA tt
of office AS chief of police within ant
| for said city and has assumed to eX
crcise the function and duties of sucf
office as hereinbcforc set forth, not
withstandinE that he has not filed viii
the clerk Of said city a bond with suf
| ncient suretics conditioned for thu
faithful performance of his duties il
said office.
Whcreupon your complainant pray
that process in the nature of Wri
Of quo warranto he issued aGains
said Patrick j. Russell demanding b!
to exercise the functions and duties o
the office OF chief of police within an'
for said city; that on the hearing o
this complaint the court shall deter
mine and adiudge not only as to tn
rights of this complainant but as t.
the right Of said Patrick ]. Russell il
respect of said office; that all neces
sary interlocutory orders for notices o
this complaint for answer thereto, 70
the taking of testimony, and for tn
time and place of hearing this cause b
made in compliance with the statute il
such case made and provided
Judge Tyler issued the following orde
in the matter:
| ON presentation of the foregoing com
plint and petition for a writ of quo
vurrantO. ii is ordered that the same h
issued and that this complaint be mad
rcturnablo to the supreme court Of tn
State of Vermont and for the county o
Chittendon next to be holden at Mont
policr on the third Tuesday in October
14u3: that notice of said complaint an
petition and of this order be given to tn
said Patrick j. Russell forthwith b
make answer to said complaint With
ten days after such notice; that all O
the testimony in this cause be taken o
or before the end day of September. 1907
that of the defendant on or before the 3r
day of October, 1908; and that all test
mony in rchuttal he taken on or befor
the 10th day of October, 1903.
To any sheriff or constable on tn
state to serve and return.
Given under my hand at Burlington
in said county of Chttenden, this Sth da
of September, 1903,
: JAMES NJ. TYLER,
Judge of the Supreme Court.