Daily Arizona silver belt., 1907-12-24
K|BBEY SUSPENDS COCH|SE COUNTY
 DIST. ATTORNEY
GOVERNOR TAKES DECISIVE 40 TON AGAINST ALLEGED IN
 COMPETENT OFFICIAL.

The complaint of the board of super visors of Cochise against F. w. Shelly, district attorney of Cochise county, charging him with incompetency and drunkenness was decided Saturday by Governor Joseph H. Kibbey adversely to Shelly and under the order of the governor Shelly is suspended from of fee, awaiting the proceedings for his removal from office according to the provisions of the Penal Code of Arizona. Shelly was charged with neglect of his duties and also lack of legal ability and the findings of the governor con stitute a severe arraignment. It is a most unusual case and has few counter. parts in the history of the territory.
 After careful consideration of the facts the governor Saturday issued the following addressed to MT. Shelly and to the board of supervisors of Cochise | county:
 "oFFICE OF THE GOVERNOR, Phoenix, Arizona. "December, 2l,- 1907. gro F. W. Shelly, district attorney of Cochise county; and
 gro the board of supervisors of Co
 chise county, Arizona; and to the | public examiner of the territory of l Arizona, and to whomsoevcr else it | may concern: | WHEREAS, it has been made to ap- pear to me by the report of the pub lie examiner and it's accompanying pa pers that F. W. Shelly, the district at torney of Cochise county, Arizona, is incompetent to properly discharge the | duties of his office, by reason of the neglect by him of his official duties, due to his continued intemperance in the usc of intoxicating liquors; that he has failed to keep his office open during tho hours required by law; that he frequent' and loiters in saloons in a drunken con dition during the business hours of tho office, to the neglect and injury of tho business of the office; that he is ar habitual drunkard; that he fails in th' discharge of his duty to give legal ad vice to the board of supervisors of that ] county; that he has refused to repre- sent the county in important litigation pending in the supreme court of the ter ritory, wherein it was his official duty to represent it; that he lacks sufficien knowledge of the law to perform th' duties of his office; that he so negli gently, carelessly and ignorantly con duets the business of prosecuting per sons charged in the court with crime that justice miscarries, the law i brought into disrepute and the eour into contempt and ridicule; KIT "AND WHEREAS, it appears to me and I dc so deem it, that the public in terest requires that the said F. W. Shel ly be suspended from the further per formance of his official duties, as pro vided by law,
 "NOW THEREFORE, know ye, tha II, Joseph H. Kibbey, governor of tn territory of Arizona, by virtue of tn authority vested in me by law in tha behalf, have ordered. and do hereb, order, that F. W. Shelly, the district at torney of the county of Cocnise in tn territory of Arizona, be, and he is here by suspended from the further perform , ance of the duties of his office of dis . triet attorney of Cochise county, AT
 izona, until proceedings for the remova
 of the said F. W. Shelly are begun am : determined under the provisions of Par 2, Title IT,, Removal of Civil Officers of the Penal Code.
 "And of these things you will al E take notice and accordingly goveri E yourselves, as the law directs you shal < do.
 "IN WITNESS WHEREOF, hay
 hereunto set my hand and caused tn seal of the Territory of Arizona to b : affixed Done at the Capitol, at tn City of Phoenix, this twenty-frst da.
 of December, nineteen hundred am
 seven.
 (SeaD JOSEPH H. KlBBEf,
 By the Governor:
 W. F. NICHOLS, Secretary of the territory of Arizona.