Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-29
ACTS ON NEITHER
Judge Takes One Petition Under
Amusement and Says Other
is Too Ge neral.
But INsTRuCTs The JURY
Court Tells Looney He Had Never
Known of Such Proceedings in
All His Long Practice.

| Stating that he was unfamiliar vita
| the practice in such cases, not having
| had such a matter presented to him,
and never before in his entire practice
having heard of such a case. Judge w.
H. Gest in the Rock Island county cir
cult court, yesterday afternoon took the
petition filed by John Looney for Viii
liam H Cline and William d. NJ. Dun
avin. to GUST States Attorney j.. X.
Scott from office, under adyisemenI.
The petition for the appointment of a
special states attorney was refused.
! Looney presented the petition. which
charged that, according to law, the
states attorney having failed to file
reports Of fees and fines collected, the
court should remove him from Office
and fill the vacancy. LOoney stated at
the outset that he knew nothing Of the
practice in such a case.
l Malice Looncy's Motive.
Mr.. Scott desiring to be heard by
the court said that he supposed the
court was not interested in the motives
which prompted the filing of such a pc
tition, but that in his opinion it was
not filed in good faith, but simply to
CRAFTY personal malice He stated that
he 1ad had no intention to avoid com
pliance with the law in regard to filing
his reports, but that as had been the
practice of former states attorneys,
had filed his report last March cover
| ing the period of service in office, and
had now in preparation another report
| soon to be filed. After some other ar
gument between Mr. Scott and LooneyI
as to motives and grounds for the com
plant the court said that he would
look into the petition and pass upon its
sufficiency and determine what further
| proceedings, if any, should be taken, at
later time.
Petition Not. Specific.
Looney then presented his own petit
ton to require the states attorney to
| remain away from the grand jury while
he Uooney) was presenting some mat
| tiers that he said the states attorney
is interested in, and asking for the APP
pointment OF special attorney. In
passing on this petition. before Mr..
Scott has been heard in the matter. the
court said that this. too. was an action
that he had never before heard of in
|
was, in part: THAT paper which you
present is altogether too general. 1t
/ does not state any case against any
person. 1t does not state what the
character of the case is. and it gives
| tn court no information upon which ii
could appoint a special states attorney
| to prosecute The utmost that the
court could do upon the case which you
pr asent is TO appoint some one to act
in cases where the states attorney is |
! in crested. | can not make such an APP |
pc intment as that, a general standing |
Ipointment as it would be.
Never Presented Before.
"Such a question as this has never
b zen presented to me. and | don't know |
o its ever being presented anywhere. |
| never have given it any consideration.
Put it strikes me that the grand jury |
g. the proper source from which the |
aHrt might receive its information as
> the status of the states attorney in |
any matter. The grand jury is not re
lUired 10 have the states attorney pres
mt with it, and ii is perhaps question |
rs TO whether the states attorney has
my business before the grand jury. |
1Ont' know that the question has ever |
been passed upon by the superior |
3Ourts
But whether he has a right to be |
there or not. the grand jury inyesti- /
gates all charges that are presented, |
th grand jury room is open to the |
wtrld to present such claimed infrac-
lions of the criminal law as any one
ma l..axy 10 he Nloir
ants could show to the grand jury that
the states attorney is not a proper
person for them To advise with |
or TO prosecute an indictment that
may be found, doubtless the grand
jury will report the matter to
the court have instructed the
grand jury already as to their method
of business and how to proceed. l do
not see what sort of an order l could
make on the paper that you present.
scott Asks Court to Act.
States Attorney Scott made a per-
sonal request of the court to appoint Il
some person to act as special states
attorney in any matter Looney might
present. He said he would facilitate
the work of such an officer in any way
possible. He suggested the appoint
ment of any attorney in the room with
the exception of Phil Wells and Loon
ey. The court did not act on Mr.
SCOTS suggestion, but as Cyrus Miller,
the foreman of the grand jury, was
present. he instructed him along the
line of his opinion, to hear all witness
es, and to report to the court if any
matter came up in which the states at
torney might be interested in a per-
sonal way.
Foreman Makes Statement.
Mr.. Miller asked the permission of
tae court to make statement. and be-