The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1910-07-13
CORONER WILL DEMAND TITLE
AND AUTHORITY OF SHERIFF
A,l;on Based on Judge Duncan's Decision De-
cIarinq NsIs' Appointment IlIegaI---C S.
Carey Charge Of Mob Jury
A&hStss
Ii vas annornses Oh good autaort,

I a. ~ y L
Ii was snnorneess Oh good autnorty
that Coroner Afcaianns .lwill this
morning formally demand tia
Sheriff Nells resign 10 BIN tie tue
and authority Of the office of sher n
and the fees OF said office since the
date OF n appointment DR., Nc
Manus, by advice aof ais attorney
claims that, as coroner. he legally
succeeded exshefHf Haris when that
official was removed by the COVER
=, anil should have held il until a
successor was legally elected Or ap'
lointed. Judge Duncan's decision
Las prompted Dr. McMaaus to take
ihe step Indicated.
@ Proceedings in Court.
The circuit court room waa we'll
filled yesterday morning when Judge
w. w, Duncan read his opinion on
two important matters that have
long been discussed by the people OF
this city and county. In an hour and
q half OF reading he covered the
90 nts involved in the cases. re
upheld the constitutionality Of the
law that gave Governor Deneen the
cover to remove Frank ~ Davis
from the office of sheriff OF Alexan
der county for allowing his prisoners
viii James and Henry Salzner 10
llbe taken from the county jail and
lynched.
He also gave the decision that Fred
d. Nellis was Illegally appointed
sheriff of Alexander county by the
county commissioners because the OF
flee OF sheriff had been vacated by
the proclamation issued by Governor
Dcneen Just one year and four days
prior to the expiration of the term for
which Davis was, elected; and the
law requires that where a vacancy
exists more than one year an election
must be ordered and held
The decisions came as a great sur
prise To the audience assembled and
VI acted as bonbshell in the camp
of tae court officials and attaches.
Nearly all the attorneys Of the Alex
ander county bar were present at the
reading.
Judge Duncan stated that he had
/. only passed upon the sections Of the
law relating to the suppression OF
rlohes He did not pass upon the
sections relating to the recovery OF
damages by the relatives Of the mob's
.irinis. from the city and county as
that. question had not been raised
4 In regard to- the. illegal appoint
m h ne Fred % ,Nellis as sheriff he
stated thatiatne vacancy dated from
Nov. 18th, 1909, the date when Coy.
ernor Deneen issued his proclamation
declaring. the office vacant and not
III t.let date when he held that Dav-
was rot entitled to reinstatement
4 he aecisiona Judge Duncan states
les not inyalidate. any Of Fred
~allis' acts. nor does It Immediately
remove him from office. He has the
,ight Of appeal TO the Supreme court
and,sqah hold his office pending thai
decision. s'@
The attorneys for Mr. Nellis and
for Mr. Davis will appeal their c'ses
n different grounds, II is under
sSood.,
I'M The Mob Trial.
After rendering these dec sions
nd opinions nudge Duncan ooened
sal NAV for tbs trial of the twelve
sen iraictad for participation in th'
shrnare riot. f,i
,.1hre defendants, all of whom we''
corrt stood up and States Alto
say Wilson read the indictments an
..ien asked them whether tney wish
a TO plead guilty or mot guilty.
An pleaded mot guilty"
The attorneys for the defense arr
ZION. Reed Green and Angus Leek
THE attorneys for the state are States
ATTORNEY Wilson. Assistant Attorne'
]. General nc. Smith, Of Springfield
James Lingle, Of Jonesboro and Hon
waiter Warder
At the outset the defense objecte'
70 Sheriff Nails and MIS- deputies
" taking any part In the proceedings q
the s-s sll-asngs iht ompeteney, pre-