The daily sentinel., 1907-10-25
THE COUNTY COURT
TO HEAR THE CASE
Wharton Makes Application for a
Writ of Certio Rari.-Was Out
on the Streets Again Last
Night.

+ A. T. Wharton, the deposej =
+ nigh. police officer, appeared on =
Z the streets again last night, =
Z wearing his uniform, flashing =
= his star and making believe =
= that he is still regular police =
= officer.
= Owing to the fact that Whar- =
= tor had filed a petition for =
Z writ of certio rari in the county =
3 court, he was not molested last =
= night by the city officials. but =
Z was allowed to continue carry =
= ing out his little drama of i'm =
+ personation. =
Z +++ - = =
Wharton still insists that he will
not retire until he has been given
what he calls fair hearing.
There is only one question. Did
the council proceed with exactly the
formality prescribed by the law? If
it did not do so, and Wharton is
claiming that it did not, then he has
some grounds for demanding anoth-
er hearing. However, it is only n
matter of a few days at least until
Wharton MUST step down and out
or find himself in jail.
The council is perfectly willing to
allow the county court to look into
the matter.
This morning Deputy Sheriff Peck
served copies OF the petition for a
writ of certio rari made by Wharton
on all members of the council, May
or wentworth and City Clerk Con-
ley.
The body of the petition is as fol-
lows:
Whereas, 1t has appeared to this
court by the petition of A. T. Whar-
ton that lately before you or ma
jority of you, composing at the time
the city council of the city of Grand
Junction, Colorado, that such pro-
ceedings have been had that you, or
a majority of you, have irregularly,
and without authority or
Jurisdiction in the premises, removed
or attempted to remove by motion
presented to you as such city coun-
ell, the said A. T. Wharton, from the
position of policeman of said city of
Grand Junction, to which position he
was duly appointed by the said city
council in the month of April, A. D.
1907; and,
Whereas, 1t is alleged by the said
A. 7. Wharton that your proceed
ngs herein have been irregular,
without authority and in violation of
aw and of the statutes of the state
Of Colorado in such case made ard
provided; and it is further alleged
hat no charges of incompetency, un-
illness, neglect of duties or insubor-
lination have ever been duly made
md sustained by said respondents,
nj n1
.itioner; and that said petitioner, A.
r. Wharton, has had no notice from
said city council that any charges of
my kind had beer preferred against
him as such policeman of said city;
hat this petitioner has no appeal
rom the said unlawful acts of said
,ity council in removing him from
said office and has no other plain,
speedy or adequate remedy at law.
"We do, there fore, command you
that you certify and return to this
court at the court house in the city
Of Grand Junction, on or before the
Both day of October, A. D. 1907, at
the hour of 10 o'clock of said day,
all of the proceedings concerning
The said removal from office of the
said A. T. Wharton and taken by and
before you, so that this
court may further act thereon as of
right and according to law ought to
be done, or that you show cause why
the action of said city council in re-
moving the said A. T. Wharton from
he said office of policeman of said
city, should not be declared illegal
and void, and that in the meahtime
you refrain and desist from further
in the matter to be re-
viewed. and have you then and there
his writ.
witness. ]. Monroe Stewart,
clerk of said court, and the seal
thereof, at Grand Junction, Colora-
do, aforesaid, this the 25th day of
October, A. d. 1907.
~. MONROE STEWART,
(SeaD Clerk
by CORA MAY TEvIs,
Deputy Clerk"