Pine Bluff daily graphic., 1904-02-22
CULPEPPER WINNER
JUDGE GRACE SUSTAINED BY SU.
PREHE COURT IN CHIEF OF
POLICE SUIT.
Offices Of S seriff and Chief Of Police
Have Sinnltar Duties and Are Not
Incompatible.
TfE OPINION OF TIE COURT

As was generally believed here the
supreme court has decided the noted
chief oL pcdiee suit in favor of ]. +.
CuIpepper The DECISION was ren-
taered Saturday, The following state
ment Of the case by Judge Grace OF tne
Jeeffrson circuit court, who tried the
case, and from whose decision the ap-
peal was taken. fully explains the
nature Of the controversy the court
sustaining Judge Grace all the way
through, finding Of facts and all:
This action as owriginaly brought
by J. +. Culpepper against the city of
Pine Bluff TO recover salary alleged TO
be due MIN for services as chief OF
police of said city and which the city
refused t. pay. The city appeared
and filed a motion to make E. A.
Petersen a party defendant. alleging
that said Peterson, without collusion
with the city, was also claiming the
Office of chief of police, and the sal
ary thereof for the same months which
plaintiff sued for, and asking that they
be required to litigate their respective
claims between them; the city stand
ing ready to pay the successful party
By consent of plaintiff Peterson was
made a party defendant and appeared
and answered. claiming that he, Peter
son, was entitled to the Office and
salary of chief of police by virtue of
an appointment made thereto by II.
King White, the mayer of said city, On
the 14th day Of June. 1903, which ne
had accepted, and that he had qualified
and entered upon the discharge Of his
duties as such on the 18th day of
June 1903, and that he had continued
to hold said Office until the present
time The parties having waived a
jury the cause was submitted to the
court upon the evidence and briefs of
counsel. and upon consideration there
of the court finds the facts as follows:
Finding of Facts.
That Pine Bluff is a city CT the first
per. was appointed chief of police of
said city by mayor Thereof on the 18th
day Of April, 1908. and at once duly
qualified and entered upon the dis
charge of the duties of the office.
That the salary of said office is enc
hurdred dollars per month, payable
monthly as fixed by ordinance.
That on the e-- day of May, 1903,
the plaintiff was suspended from office
by the mayor. which suspension was
reported to the city council. Up2n in
vestigation the council refused tC ap-
IrCve the action of the mayor in the
rrensis IS. On the 2Sth day of May,
1903, James Gould. sheriff of Jefferson
county. Arkansas. appointed the plain
tiff deputy sheriff of said county. and
cn the 30th day of May. 1903, plaintiff
took the cath of Office as such deputy
sheriff, and his appointment was re-
ported TO and confirmed and approved
by the circuit court of said county,
which was then in session.
That this appointment was maze
for special purpose which plaintiff
afterward abandoned and, that he
never performed any service or did
any act as deputy sheriff and resigned
; as such few days later
THAT on the 14th day CT June, 1903,
Mayor White declared that by accept
ing the Office as deputy sheriff plaintiff
rad abandoned and virtually resigned
his Office as chief of police, thereby
creating vacancy which he proceed
G TO fill by appointing the defendant,
T. \. Peterson, chief of police of said
city On the 18th day of June. 1903,
fefen lant qualified and gave bend as
required by law and entered upon the
discharge Of the duties of said office