The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-06-28
JUDGE HUSTON UpHOlDS
VALIDITY OF CITY CHARTER
Mayor OIsnIth Stands Pat
and VIII Continue 10 Hold
Onto Office

A peremptory writ OF custer issued
f'9m tbs district court this afternoon
caused the transfer oil the police de.
pertinent from the command of w. II.
Mitchell. city marshal under the
councilmanie form Of government, to
\ NJ Carter, commissioners OF public
safety under the commission form.
This is the first positive step TAX
eH toward change in munic pal
government since the commission de
ciared by proclamation eight days
ago that 1t had succeeded the mayor
and council in control. From that
time until today there was dual gov.
eminent, with the councilmanic form
uppermost from the fact that the city
marshal retained custody of the city
nall and the city jail and other prop
erty.
Termination OF dual government in
fayor of the commission was this at.
ternoon asserted by the commission
els and their attorneys. They de-
clared the decision Of Judge Huston
OF the district court today established
the validity OF the charter and that
the objections OF certain individuals
To giving up Offices Is now OF no
avail The council chamber and the
mayors Office have been locked for
a week and police officer has con
stantly been in the city clerks office
Where the records are. The change
OF the management of the police de
psrtment necessarily loosens council.
manic control, of the records and the
isil and police court.
Immediate Steps In Appeal
Attorneys for w. H. Mitchell, city
marshal, defendant In the custer pro-
ceedings brought by Commissioner
Carter, dhis afternoon prepared 10
argue a motion for new trial. Il
they fail in that they expect TO make
au application to the supreme court
for a writ OF supersedeas tomorrow
Meanwhile there is pending the Cope
land case, in which the issues rails
Ell in the Carter Mitchell suit are
up. II has been set for decision IN
tie supreme court on July II.
Houston Issues Writ
la district court this morning argu
ments, continued until lG:40 Judge
Huston then started 10 deliver his
oral opinion and was at times inter
rupted by counsel AT 1880 tbs
court adjourned, with the understand
iEg the the peYemptory writ asked
fol by MIR Garter be issued and tha'
q motion for a new trial would be
submitted at an early date.
Judge Huston refused to supersedt
MS own Judgment. The defense ask
Ell for stay and cited the Oklaho
ma City case, In which the loWei
court refused to supersede It's 1udg
ment The supreme court. on appli
cation. Issued snpersedeas writ
holding the case ia statu QUO until De
termination by that tribunal I'm ina
case the commission finally won.
o,smish Stands Pat
Frank Olsmith. mayor under th'
cnuncllmanic form. this Afternoon
said that the decision today affected
Mitchell alone. Further, he said
this action makes the mayor chic
of police. 1t affects nothing ~
Mitchel's Office and my department
is not disturbed. :
Mayor Nissley was Of the opinion
that the decision affects all ofiices
It was stated for the commission
by one Of the attorneys that va
commission will at once proceed 7
discharge it's duties under the chart
er and that In case there Is tufinei