The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-11
TEMPORARY Il.
WRIT MADE $.
PERMANENT
Chief Keefe Won Anothet
Refund in Court
Council Permanently Restrain
ed From Taking Action
Cannot Try Chief keefe on The
Charge Of Graft

Chief of Police Keefe won tho
fourth and what is believed in somC
quarters to be the final round in the
fight between the city council and
himself, which has been holding the
interest of the citizens of Fargo for
several weeks, when Judge Pollock
this morning issued an order making
the temporary writ of prohibition
permanent.
This permanently prohibits the city
council from taking any action to-
ward the chiefs removal from office,
which under a city ordinance that is
held void it is empowered to do, or
from trying him on the alleged graft
and corruption charges that have
been made against him in the last few
months.
About this there seems to be wide
divergence of opinion, some contend
ing that the chief will be tried in the
district court on the charges already
preferred by former Alderman Bolene,
while others feel the matter will after
tonight at the special session of the
city council be a closed incident.
William II. Shure, former city
attorney of Fargo, and who was re-
tanned as special counsel for the alder
men in this case, this morning con-
tended the writ of temporary prohi-
bition issued by the court had been
even before the council had received
an opinion concerning the validity of
the city ordinance which provides for
the removal of city officials by the
council from it's special attorney,
Aubrey Lawrence.
p Mr.. Shure further contended the
council had not ordered Chief Keefe's
appearance for trial before that body
sitting as a special tribunal. He felt
the action taken by the chief through
his attorneys in applying for such q
writ was anticipatory, and that the
writ was issued premature. r. M.
Pollock, for Chief Keefe, argued that
to have waited until the council or
dered the chiefs appearance for trial
before securing such a writ of prohi-
bition would have been the same as
waiting to be knocked down before
lighting back i'm an attack between
two persons in bodily conflict.
Mr.. Shure's motion was denied. He
made no attempt to discuss the valid
ity of the city ordinance which pro-
ides for the removal of city officials
by the city council, sitting as a tri-
bunal as he held that was void. Sup
porting his opinion, he introduced q
copy, of the. special opinion rendered
by Aubrey Lawrence to the council
and the oral and written opinion of
City Attorney Smith. Mr.. Smith was
present and stated his written opinion
had been incorporated with that oe
the special investigating committee
of the city council, which comprised
Aldermen Cupler, Frenette and SON.
qufst, all of whom took the same
view.
There will be a meeting of the coln-
ell tonight, but it is not believed that
anything further will be done in the
case of the chief, as 1t has now passed
M hnE dgs - f1apf h..l acga -
eouncilmen had urged the publication
OF the testimony taken by the com
mittee taken during It's recent hear
tngs. and such action may be taken
at this evenings session to authorize
the official printing of that report. SO
that all the citizens OF Fargo may
have the benefit of that Investigation.