Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-28
BECOMES VERY
CAUST|C WHEN
ARGUING CASE
JUDGE MITCHELL SCORES OF.
TUMWANs AS ENAcTING ROLE
OF PRO BONO PUBLIcO; TERMS
CASE SIMILAR TO PIRACY.

"These men from the attorney
generals office are lending aid to
40 desperate a game as ever cut
throat or scuttled ship, and do
not speak disparaginaIy Of
Messrs., Rankin, Darner, sibereII
and Pelrce when say that as the
needle points true to the pole, so
do they point to the pro bono pub.
Iico."-Judge Mitchell In his OPEN
Ing argument this morning.
The beginning of the end in the
Phillips custer proceedings started
this morning when the states witness
for rebuttal delayed the proceedings
& half an hour and then upon arrival
was not used by the state. One wit
ness, Chief OF Police Gallagher, was
called to the stand by the defense to
testify to the. time the saloons were
closed by the, revocation petition. De.
cember %, 1908, and also told of his
police service under Mayor Picker
and of the convention when Phillips
aIlu flCNl0I 0tCu IKA0U III dAlu I AlAhPo
got the nomination for mayor. At the
close Of the testimony Of Gallagher
the defense rested and a delay of the
proceedings was caused by the failure
Of the state to get 0. l.. STAFFORD to
the court room for half an hour. Upon
his arrival the state decided not to
use him, and rested Mayor Phillips
was not present, owing to being Ill at
his home after the strain of yesters
days effort on the stand. and an
amendment to the answer was read by
the reporter and fled as II verified in
the presence Of the mayor. The real
ending of the case was started when
Attorney John Fletcher of the attor-
ney generals Office made the opening
argument for the state, saying. that ne
and Senator Cosson came to OttumWa
to furnish evidence against Mayor I.
]. Phillips, showing that he was unfit
to act as mayor Of Ottumwa. and that
he was satisfied that they had accom-
plished their purpose. Judge Mitchell
followed for the defense and went into
the Cosson law, attacking 1t on the
grounds that it makes prey OF certain
officers while others are left alone as
to intoxication. and showed that where
in chapter eight of the code the dis
elimination as he classed it, was made
plain.
Legal Questions In the Case.
Chief Gallagher when placed on the
stand, said that he and a majority OF
the police favored Phillips in the con-
yention where Picker and Phillips
were contesting for the nomination for
mayor, and that thirty minutes after
the convention nominated Phillips
that. he. (Gallagher) with Desk Ser
geant J. Grammar and Patrol Driver
G. sRyttenburg, we're discharged and
that Joe Beeman and Billy Maloney
resigned to avoid being fired.
In his opening argument, Attorney
John Fletcher for the state, outlined
the course of argument he would pur-
sue, stating that he would deal with
the theory Of the law and that Senator
Cosson in the closing argument would
take the application Of the law. He
said that they came here to furnish
evidence that Phillips did not fulfill
his duties as mayor and was sure that
they had succeeded. He was asked By
the court how the counsel for the state
held the law as to a deposed mayor
losing his vote and this opened up |
discussion that led to the right of such
deposed person having the right II
reelection. Judge Mitchell maintained
such one had the right thirty min.
utes afterwards, If the people elected |
him as their choice, but Attorney |
Fletcher cited the case of the Estate |
VS.. Rose" in which the mayor of Kan
sas City, Kas. was forbidden by the
court to serve, after reelection on the |
grounds that 1t was trifing with the
court, and lengthy discussion of the
case followed.
Both Laws Apply.
The matter of the prosecution Of
Mayor Phillips under the Cosson law,
that 1t did not be-
come effective until March 27, 1909,
when the charges deal largely with a
period prior to that time, was argued
by Attorney Fletcher as proper. He
said that several casesywere passed
on by the supreme and federal courts
the repeal and enactment Of
laws wherein some sections are to be
found identical in both. and the courts
had borne out this contention. In this
case, he said, the matter Of misconduct J.
Or maladministration was considered a
q crime. by the law repealed, as well I
as by the Cosson law.
Saloon Men Chief I
He stated that for sins Of omission
and commission during his incumb-
ency Of the office of mayor during 1907
to 1909 the case Is applicable under
the Cosson law, in that he did not
close down on some of those abuses {
during that time or at least until 1909,
and that such is the base Of the action
taken. He said the testimony Of sew
eral witnesses and that OF the mayor
himself went to show that he had been
elected on an open town issue and
hat after election he selected and ap-
pointed for his chief Of police a man
Who had been engaged in the saloon
business, business which he classed
% being of the liberal element Of peo-
lie and not the kind identified with ,
he closed town issue. He said that
hat there were eighteen bawdy
n 1t - fa, 40