The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1911-10-27
ACTING RECORDER
WITHOUT AUTHORITY
ALLEGATIONS FILED
VALIDITY OF ANOTHER WAR
RANT AGAINST KATE DEAN
ATTACKED.
Released by Habeas Corpus Woman
Is Arrested on New Warrant, With
the Other Suit ResuItins-.WlIl Be
Watched With Interest.

watched WIN INTEREST.
The case in which the city charges
the illegal sale of liquor by Kate Dean
has as many new developments as a
cat has lives. When the arrest was
first made it was predicted that there
would be some developments, but
they have been of an entirely differ
ent nature to what was then expect
ed. Now anything is expected.
First case of simple bootlegging
charges. ....
Then motion to quash or dis
miss. Overruled and habeas cor
pus proceedings follow, and defendant
released on the grounds that the war
rant was void In that it attempted to
hold the defendant before the city au-
thOrities when it was issued ny a
State official.
New warrant issued by Acting Re-
| corder and new arrest made De-
PENDANT is arrayed and refuses to an
swer, basing the refusal on the validi-
| ty of the warrant, alleging that W.
p Erwin is without authority to issue
warrants, try cases or to exercise any
Of the duties devolving on the city
recorder.
Going back to the records OF the
Board of Mayor and Aldermen, it ap-
pears on the minutes of the proceed
ings of the December meeting thai E,
E. Erwin was elected city recorder to
succeed himself; that the board
granted him vacation at his pleas
ure; that the Mayor exercised the au-
thority given him by the charter and
appointed W. P. Erwin to act as re-
corder in the absence OF his father.
| The last DILL which was filed alleges
that W. P. Erwin is acting without
any authority, in that E. e. Erwin has
returned from his vacation and cites
certain acts of E. E. Erwin to prove
the contention. 1t also alleges that
the matter devolves entirely ON the
construction of the clause of the char
ter giving the authority to appoint an
acting recorder; that it does not con-
template a blanket authority, but au-
thority to act in a specific capacity.
| This will be denied by the acting
city recorder and the records OF the
city In many instances will be used
| by both sides to prove what is desired,
and in the tangle of technical matters
! the liberty, or the guilt or innocence
| of the defendant in the original case
of alleged selling liquor withsst r.
cense, has been lost sight of and the
question of who has authority to issue
city warrants will now be tried be-
fore her case is settled unless new
warrant should be issued with a
"clean abstract and no cloud of title. 3"
The proceedings of the case or
cases will be followed with great
deal more than ordinary interest by
Columbia people, and particularly
those of the legal profession.
The case will be tried in the circuit
court before Judge Turner. In the
mean time the case against the Dean
| woman, prolific with legal POSSIBLE
tiles may develop another phase dur
Ing the time of waiting the settlement
Of whether the last worrant was legal
and whether W. P. Erwin Is without
authority.
Thos. H. PEBBLES and w. ]. fowler
represent Defendant Kate Dean,
while City Attorney J. Shelby Coffey
represents the city and Mr.. Erwin.