The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-02
WILL REAPpOINT DUDLEY
SULLIVAN COUNTY COMMISSIONERS
HAVE REACHED DECISION.
The sheriff Has Again Refused to
Turn Over His Office Ia the Coroner
Other Phases of the Case.

Advices from Sullivan, Ind, are TO the
effect that the County Commissioners of
Sullivan county will undoubtedly reap
point Sheriff John s. Dudley to the office
from which he was removed by the lynch
ing of James billiard. a negro, on Nov
20. Public sentiment in Sullivan county Is
overwhelmingly in sympathy. with Dudley.
according TO the most reliable reports.
and should he be reappointed 1t will be
understood to mean that his fellow-county
officers are supporting him in his resist
ance to the drastic punishment of the anti
lynching law of 1901.
A dispatch from Sullivan last night said
that Sheriff Dudley had again refused TO
turn over his Office to Coroner W. p. Max
we'll The demand of Coroner Maxwell
was for possession of the Office for the
new term to which Dudley was elected last
November. Dudley's first term expired
Wednesday night, and he should have filed
his new bond and been sworn in for the
second term yesterday, but did not. II Is
reported at Sullivan that he will attempt
to qualify and be sworn in again Monday.
On the same day the County Commission
ers will appoint his successor. who. 1t is
understood, will be none other than Dud-
ley himself.
The developments in the Dudley case are
likely to produce a serious tangle. Gov
ernor Durbin. in refusing Dudley a certif-
cate of reinstatement, for which he applied
and as to which he had a long hearing be-
fore the Goevrnor, went as far as the law
of 1901 authorized him to go. 1t is under
stood the executive department will not
pursue the case further. Under the law
Dudley vacated his office the moment the
lynching of billiard was accomplished. Un-
der the law Coroner Maxwell should have
discharged all the duties of sheriff until
his successor had been appointed by the
commissioners. AS Dudley was reelected
before the lynching occurred this may
alone present question for the courts.
The law says a sheriff in whose bailiwick
a lynching occurs is not thereafter eligible
for reappointment reelection. 1t is
pointed out that Dudley was reelected be-
fore the lynchng. This point is regarded
as captious. Should he be reappointed by
the commissioners the act will add to the
legal complications, for then the commits
siOners will be defying the specific pro-
vision that he is not eligible for reappoint-
ment.
AS Dudley is held by the executive de-
partment of the State to be ousted from
the Governor may be asked TO order a
| special election to I'LL the office. The COM
| missioners have a right to appoint 10 NIL
out an unexpired term. They did not act
| in reference to Dudleys unexpired first
| term. His continuance in office and his re-
| fusal to turn over his office to coroner
| Maxwell undoubtedly means that he Is pre-
| pairing for a fight for the second term.
| Should the Governor order special cleo
| ton, which is now question, as the
| electee could not serve full term, and
| Dudley should be reelected the legal tangle
| would be about as complete as IL Is possible
| to make 1t.
| In the meantime while Dudley Is making
his fight to hold the Office litigation in Sui
| Ivan county is being jeopardized by such
| administration as he may give. III he was
| out of Office the moment the lynching oc-
| Cured then all MS acts as snerlH are IL
| legal.
| The tangle will be filled with grave con-
| sequences unless the courts hold the anti
Iynching law invalid. The decision of the
| highest court on it's constitutionality is re-
| earded as the only method of determining
| the complex questions growing out or the
| violence of Nov. 20.
While Dudley is fortifying himself to
| defend his right to office, and is consoled
| by having the sympathy or his own COM
| munity with him, he is to be attacked from
| a new quarter. w. E. Henderson, the
colored lawyer. who kept vigilant eyes and
1 ears at Dudley's hearing before Governor
| Durbin has announced that he will bring
| suit in behalf of the mother of billiard, the
| lynched negro, for damages. The suit will
| he against Dudley and his bondsmen-J.
| @ Sherman, Noah Crawford, II. McEneny,
w. c. Jameson and J. X Riggs, who was
| the Democratic nominee for auditor of
| state at the last election. Dudley is under
bond for 5000 and the demand of the dam
| age suit will likely not exceed that sum.