Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-02
ATTORNEY GENERAL ACTS UPON
COMPLAINT FILED BY LAW
AND ORDER LEAGUE.
MISCONDUCT CHARGED
Allegations Against the Mayor are
Many and Varied; Case to Be
Heard Here BY Outside
Judge July II.


yesterday from Attorney General II
w. Byers and filed by Judge Roberts
with the clerk of district court yester
DAY afternoon about $3.50. Although
the petition recites that the proceed
! ings were ordered begun by Governor
B. F. Carroll May 13, when he took
the matter up with the office oil the
attorney general, it was not until yes
terday afternoon that the papers were
filed. The date of the hearing has
been fixed by an order from Judge
Roberts for July II, at 10 a. M A
Judge from another district will prob
ably be appointed by the supreme court
to hear the case and the appointment
has not yet been announced.
Charges Misconduct.
The petition is very lengthy one
and covers several pages of typewrit
ten matter. It goes into the admins
tration of Mayor Phillips, alleging mis-
conduct and nialadministration In
Office. 1t begins with the statement
that on May 10 complaint was filed
by certain citizens for the removal OF
T.. j. Phillips as mayor of OttumWa.
Alleged Violations.
The petition alleges among other
things that Mayor Phillips has been
cogDizant of and failed to prosecute
violations of the liquor law, gambling
and houses Of i'll fame; that he has
known of and failed to prosecute
pool and billiard hall proprietors for
permitting minors to frequent and play
the games therein; that he has will
fully and habiuIally neglected to per
for I,,ti ic er11j(t
of corruption in office; that he has
been repeatedly in state of intoxica-
ton. and that on April 80 he appeared
on the street in an intoxicated condi-
ton, boisterous and using loud and pro-
fame language.
The petition asks for his removal
from the office of mayor and that the
Office be declared vacant. Affidavits
from the following citizens, all of
whom state that they have seen the
defendant in an intoxicated state, are
appended to the petition w. H. Keat-
ing, e. F. Lowry, w. A. Derby, G. F.
Allen and J. w. Gray. #
The original complaint lodged by
the Law and Order league with the
attorney general signed by Sumner
Siberell, F. w. Darner Eugene Pierce
and W. w. Rankin, is among the
papers fled
The petition bears the signatures of
Attorney General II. w. Byers with as
sociates, George Cosson and John
Fletcher
Want Trial Soon.
The following letter accompanied
the petition:
Des Moines. June %, 1910.
Hon. M. A. Roberts, Ottumwa,1a
Dear Sir:-Herewith find petition in
equity for removal of Mayor Phillips
Of Ottumwa. Will you be good enough
to cause the same to be filed and then
prescribe a notice of time and place
of hearing pursuant to the provisions
of section 4. chapter IS. Of the Thirty
third general assembly?
1t seems to be the desire of the com.
plainants in Ottumwa that the cause
be heard as speedily as possible, but Of
course we must give the defendant at
least ten days.
Yours very truly,
H. w. Byers.
Roberta Withdraws.
1t is evident that the attorney gem
eral had in mind to have Judge Rob
certain reasons he was not the proper
person to conduct the proceedings, he
wrote Attorney General II. w. Byers
last evening asking for release from
the case and that some other judge
hear the matter when it me to trial
Judge Roberts stated that some Of the
charges are such that he has in some
capacity, judicial or advisory been
identified with in the past and in abb
solute fairness to all he desired to have
another Judge handle the case. He
likewise stated in the letter to Attor
nev General Byers that a Judge of this
district would be on hand the day the
case came for trial to make such or
ders and otherwise handle the case
pending the appointment if such be
made Of an outside judge to hear the
case.
May Apply for Judge.
The code prescribes no special Judge
for hearing such cases. as the law un-
der which the case has been brought
Is new and almost untried one. there
being hut one similar case thus far
tried. It being the Marengo suit in
which an outside judge was called in
The code provides that the defense in
making its answer to the petition filed
may make application at the same
time for the appointmnt Of judge
other than the local Judge to hear the
case. A copy Of this application being
sent the attorney general. the supreme
court makes the appointment, but UNI
til the filing Of an answer to the
charges filed. there is little likelihood
Of learning who will hear the case. A
run1or has been going about the city
today that Judge F. W. Eichelberger
would hear the case. This however. is
entirely without foundation in fact as
the appointment has to be made by the
supreme court 1t is not imperativel
that the Judge be one of this district. !
although such a Judge may hear the
case If chosen and not objected to by !
either party to the case. The prosecu
ton will in all proba be solelv in
the hands of the attorney general as
no communication has been had with |
County Attorney Seneca Cornell rela-
tive to hearing the case. William Nc !
Nett and Judge J. G. Mitchell will de-
fend Mayor Phillips.
The Bubonic Plague
4 oct royr fouor 1iyoc than stomarh |