The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1908-05-14
OBJECT TO
BROWNING
Plaintiffs In Contest Case Ask
for Apo ntmHnt Special
Trial Judge
trronm Mondays paIlyl

Objection to Judge Browning as
the presiding judge in the local OPP
ton contest cases has held up the
trial OF the case today and II is pos
sibie that another day or more may
be lost on this account before the
actual trial OF the contest Is begun
This morning after the objections
had been stated, Judge Browning
suggested that he exchange benches
for the week with some neighbor-
ing district judge, lie suggested
Judge Hendricks OF Miami as pos
slble substitute but neither OF the
parties to the suit consented at once
to the exchange and both asked for
time to consider the proposition.
Allege Relationship.
Yesterday several Of the suits
which involved the validity OF the
election in much the same manner
as the one which remains on the
docket were dismissed on motion OF
the plaintiffs. The suit Of the Anna
ullo Beer & Ice Co, against the coun-
BY officials and the suit Of ]. r.
Wheatly we're disposed OF In this
manner This leaves on the docket
the case OF u. y. Savage ct al against
VI. L. Umphres ct al or the suit Of
the proprietors OF the Budwelser sa-
loon on the corner OF Lincoln and
First street against the county Of
ficlals to have reversed the resul,
OF the election IN December. In the
original petition OF the plaintiffs, j.
n. Bozeman is given as partner
in the firm which owns and operates
the saloon In question and the plain
lifts allege that as the Bozeman In
question Is relative OF the judges
that Judge Browning Is disqualified
"a the case, II was on this ground
that the saloon men secured from
Judge Fisher OF Galveston, after the
court here had refused a similar ap-
plication. an Injunction which has
prevented the putting IN effect OF the
prohibition law. Bozeman was later
refused salon license by the com
missioners' court on the ground that
he had not been a citizen of Potter
county for the length OF time re-
quired bv the observation-disclosures law.
This morning tho plaintiffs ursed
that the Judge make affidavit Of his
disqualification in the case send this
10 Austin and ask the governor 70
appoint special judge for the case,
Telephone Case Up.
Before taking up again the local
option case this afternoon, the court
brought up the case Of Fl. H. Cooper
against the Num- Telephone com
pany. This is practically the same
case that was tried In justice court
and later before the district court,
The plaintiff sought In the first place
10 recover damages ON account OF
having had to pay more than 50 for
desk phone in his office. He al
logged that SO Is the maximum for
business phones in the franchise UNI
der which the company operates, and
mat he Is entitled to service with a
desk phone at that price. In tho
present proceedings he makes the
city OF Amarillo party to the suit
and seeks to forfeit the franchise
under which the company Is working.
Judge Hendricks VIII Act.
BY decision announced this aft
ernoon, the local option contest case
was postponed till Friday when
Judge Hendricks, OF Miami, will take
the bench here and preside during
the trial OF the case.
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