The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-10-02
OWENS STANDING
AS ATTORNEY IS
Holly ATTACKED
Imposed on Supreme Court in
Being Admitted to Bar,
Says Fitzpatrick
FIGHT TO KEEP NAME
OFF THE BALLOT STARTS
Injunction Proceedings on Be-
half of Prosecutor Come
Up Saturday

Acting for Prosecutor Hugh Shep-
herd, Assistant Prosecutor Arthur
Fitzpatrick filed a petition with Judge
Codd, In the circuit court, Tuesday
morning, asking for an Injunction TO
prevent the Wayne county election
commission from printing the name
OF Proctor X Owens on the ballot for
(. the ONCE OF prosecuting attorney,
and restraining Owens from taking
any further. step to get the office.
The court issued an order for the de-
fendant To come into court on Sat.
utday. Oct. 5, To show cause why the
-.Ietition should not be granted.
Owens is claiming the Office OF
prosecutor from the time OF the elec.
tion In November until Jan. I, 1913,
the interim between the time Owens
claims shepherds appointment should
Terminate, and the beginning OF the
next prosecutors regular term.
Owens name was written In the pri.
mary election ballot by three friends
for the short term. and he now argues
that he Is entitled TO the office, there
being no other nominee.
IN his petition, Mr.. Fitzpatrick sets
forth, among other things. that Owens
was not regularly nominated; that
the writing of his name in the pri-
mary ballot was an irregular proceed
ing, inasmuch as he was not regular
" before the people as candidate.
/ Mr.. Fitzpatrick also attacked Owens
standing as a practicing attorney,
representing to the court that Owens
imposed on the Michigan supreme
court In being granted a license to
practice. and suggesting that the IL
cense ought TO be revoked. On this
point, the petition says. in part
The facts concerning the admis-
zion to the bar Of said Proctor
K Owens, as your orator Is In
formed and believes, are as fol-
y lows: Said Owens entered the
law department OF the University
OF Michigan in Ann Arbor. Oct.
4. 1900, and finished the scholas-
tic year, during which year he was
conditioned in the following sub
jects: Real property. corpora
tons, evidence and federal prac-
tice, and because of the character
Of his work was asked TO with
draw from said university June
20, 1901.
Thereafter he entered the De-
trolt College OF Law as special
3 student, during which time he
\ failed to pass In the following
Hibjects: Judgments, equity
pleading, equity practice and con-
sveyancing During the time he
was enrolled as a student at each
Of said law schools. he claimed
to be resident OF the state OF
Michigan Having unsuccessful
ly tried for diplomas In said law
4 schools, he went 10 Missouri and
passed an examination in the
circuit court of Cass county, Har-
risonville, Miss, and may have
been advitted TO practice In
that court, although, as your
orator is informed and be-
lieyes, his name does not appear
upon the attorney register OF that
court. Assuming that he had
been admitted to practice In the
circuit court OF Cass county, MIS-
souri,, under the then existing
4 laws OF the state of Missouri, he
could have been admitted to prac-
.tice In the supreme court Of Mis-
souri, upon enrolment, a formal
ity which he did not comply with.
1t, therefore. appears that said
Proctor X. Owens, after unsuc-
I cessfully trying for diplomas in
said two law schools In Michigan,
went to Missouri. perhaps receiv-
ed a circuit court certificate.
while claiming TO be a resident OF
Michigan, and without ever prac-
ticing In Missouri and without
ever enrolling in the supreme
court OF Missouri, became admit
ted to practice In Michigan on
motion, notwithstanding the law
in Michigan TO be that only
practicing attorneys, residents Of
other states, may be admitted on
motion.