The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-26


FATHERS PETITION.
That thereupon said respondent having
ascertained that his design Of obtaining
possession OF the person of said Fowler
had been successful and that said Fowler
was on the way from the city of Chicago
to the city of Lafayette. said respondent
caused and procured a petition TO be filed
in Ills name to have said Fowler adjudged
to be a person of unsound mind by the Tip
pecanoe Circuit Court at Lafayette, Ind,
and thereupon. upon the arrival at the sta
ton in Lafayette. said respondent forcibly
took and conveyed said Fowler to an office
in the city of Lafayette, and there, behind
closed and guarded doors. closely confined,
detained and restrained said Fowler, and
during the said forcble removal of said
Fowler from said station to said office the
said respondent and others. at his instance
and procurement, forcibly, violently, and
with threats. denied and prevented the
friends and representatives of said Fowler
access or opportunity TO approach or COM
municate with him; that shortly after he
had been so forcibly taken to and confined
in said office, and while the doors of said
office where said Fowler was then forcibly
guarded by the agents and employees of
said respondent. the sheriff of Tippecanoe
county, Indiana, was admitted into said
office by the said agents of said respondent,
and there, while said Fowler so forci-
bly, restrained of his liberty as aforesaid,
said sheriff read to said Fowler the follow
ing summons in said last-named matter, is
sued, or purporting to be issued, out of said
Tippecanoe Circuit Court and under the
seal thereof, on said 18th day of April, 1903.
and directed to the sheriff of Tippecanoe
county, Indiana. which said summons was
in the words and figures following. towit:
state of Indiana, Tippecanoe County. SIS.
THE State of Indiana to the Sheriff of Tip
COlIntV State Greeting.
You are hereby commanded to summon
Moses Fowler Chase, If he may be found in
your county, to personally be and appear
before the judge of the Tippecanoe Circuit
Court, on the 18th judicial day of the April
term. 1903, now being held at the courthouse
in the city tb OF ye ~ said COUNTY a !.
and there to answer the petition of Fred
erck s. Chase asking for the appointment
of guardian of the person and property OF
the said Moses Fowler Chase. filed in said
court against him. and have you then and
there this writ.
Witness. Quincy A. Earl clerk of said
court, and the seal thereof, affixed at office,
this 10Th day of April, A D.. 1903
QUINCY A. EARL. Clerk.
WILL w. BURROUGHS, Deputy.
THE said sheriff at the time of said pre-
tended service then and there we'll knew
that said Fowler was of unsound mind and
incapable of oomprehending the contents of
said summons or the purpose of said pro-
ceeding, or his rights in the premises. And
your petitioner shows that except and other
than the summons above mentioned and set
forth no other notice, summons, citation or
process of any kind. character or descrip
ton whatever. either in the above entitled
action and proceeding, or in any other &C
tion or proceeding, was ever served upon
or read to or attempted to be served upon
or read to, or in any way brought to the
notice attention of the said Fowler, on
said 18th day of April, 1908. or at any other
date after his being brought by force to
said city of Lafayette above described,
and your petitioner shows that said sum-
mons so read to and sought to be served
upon him was and is the only summons,
order Of court or writ of any kind, char
acter or description that was served in said
matter upon said Fowler or issued by said
court against said Fowler up to and includ-
ing said 10th day of April 1903.
CONTRARY TO CONSTITUTION
"Your petitioner further shows that by
the statutes of the State of Indiana in
such cases made and provided, provision is
made for the appointment of guardian for
the person of an insane person an inhab-
liant of a county within the State of In
diana, but that there is no provision of law
whatever authorizing or permitting any
court within the State of Indiana to appoint
guardian of the person of a nonresident
of the State of Indiana. and that at and
prior to and including the 10th day of April
1903, and up to this time said Fowler has
not been an inhabitant of the State of In
diana, or of any county thereof, since he
arrived at full age, but is now and ever
since his arrival at full age has been a.
resident and citizen of the State of Ohio
and of the county of Hamilton in said State
and that the only manner of his being in
the county OF Tippecanoe Is as hereinbefore
set forth, by virtue of the force and vio-
lence committed upon his person in trans
porting him from Paris, France to the city
of Lafayette, as hereinbefore set forth, and
he submits and shows to the court that his
being in the county of Tippecanoe under
such circumstances as above set forth
does not make and ought not to be con-
strued as making him an inhabitant of the
county of Tipped anoe in the State of In
diana within the meaning Of the statutes
of the State in that behalf enacted, and
that, therefore, any attempt by said re-
spondent to cause or procure the appoint
ment of a guardian for the person of said
Fowler under the statutes of the State
necessarily implies, means and results in
the deprivation of said Fowler, under the
color of the statutes and authority of the
State of Indiana, of his liberty without due
process of law, or any process OF law and
that the whole proceedings by said respond
ent are instituted, maintained and carried
on for the express purpose of thereby OBJ
tanning and continuing the possession OF
the person of said Fowler and of restrain
ing him of his liberty, contrary to law and
contrary to the express provisions OF the
fourteenth amendment to the Constitution
OF the United States as aforesaid.
Your petitioner further shows that there
after. to wit On the oath day of April, 1903.
a petition and application was nled with
the Probate Court of the county of Hamil-
ton. in the State of Ohio, by Ophelia Duhme
Fowler, asking the appointment of guard
ian OF the person and estate of the said
Fowler, he being then and there a citizen
and resident of said county of Hamilton,
and said court having full and exclusive
jurisdiction of the subject matter OF said
action; and such proceedings were had In
said matter that notice of the tendency OF
said application was duly brought home to
the respondent and given as required by the
statutes of the State of Ohio in such mat
ters, and thereupon afterwards to wit: on
the 25th day of April. 1903. said matter COM
ing on for hearing before the Hon. Carl
Neppert, sole judge of said Probate Court,
the said respondent being represented in
said matter by counsel, it was ordered and
adjudged by said court that this petitioner
be appointed guardian of the person OF SAID
Moses Fowler, and he thereupon duly quail
hed gave bond and entered upon the dis
charge of his duties such guardian, and
is now in the discharge of such duties. and.
as such, entitled to the custody, control and
possession of the person OF said Moses
Fowler and entitled to have the said Moses
Fowler released and discharged from the
wrongful. illegal and forcible restraint and
detention by said respondent.
PRAYER TO COURT.
your petitioner further shows that by
reason of the manner in which said Moses
Fowler is restrained of his liberty by the
said respondent and his employees. and by
| reason of his forcible denial of admittance