The Detroit times., 1914-05-05
FRANK +. BUMPS
LIKELY CHOICE
FOR PROSECUTOR
ocontlnued from Page one)

under Ormond r. Hunt from 1901 TO
q 1905 Mr.. Bumps secured the conVlc-
tod of Johnson and Parker. Slayers OF
4 Josbph Meyer, Monroe-aye. pawnbrpk-
2 or. and also convicted Emil Waltz. who
killed little Alphonse Wilmes. He
was very successful as a prosecutor
and Is regarded as one OF the best
trial lawyers in the state.
Mr. Fellows conference with the
4 circuit judges was short. He explain
ed the situation to them, since they
had received no official notification of
4 Mr.. Shepherds resignation. He told
them that the accusation that Mr..
Shepherd had ordered two attaches
OF his Office 10 notify Aid. Gilman OF
the plot against him was merely one
or the Factors which would have made
Il necessary TO proceed against the
prosecutor IL he had not resigned
He urged the circuit judges TO act IN
harmonw in the situation, and, thank
ing them for their courtesy, he with
drew The judges declined TO discuss
Mr.. Fellows interview
There is nothing for us to do, vet"
said Judge Mandell, presiding judge.
II have not consulted with my fellow
judges as to their opinion OF the
course that we ought to pursue, and
\ j do not feel that ought to make my
personal views public until | have
talked matters over with them.
The act OF 1918. fixing the success
sion in the event OF the prosecuting
attorneys resignation. was brought
before Judge Murphy. in the proceed
ings brought by former Judge Will
tho hna Fh
OF supervisors OF Wayne county, TO
prevent the supervisors from paying
the salaries which the act provided
for two extra assistants in the office.
Arguments were heard and briefs
were fled. and Judge Murphy had in
timated his desire 20 hear further
.testimony regarding the facts, when
the decision in the domestic relations
court was handed down. Assistant
Prosecutor Fitzpatrick, who, with JAS
per G. Gates. represented the board
OF supervisors. thereupon asked Judge
Murphy to delay the else for few
days, to give him an opportunity to
study the supreme courts decision.
Mr.. Fitzpatrick believed that the SUI
preme court. in holding the domestic
relations court act unconstitutional
because 1t provided for such a court
only In counties OF over 100000. made
ruling which involved the prosecut-
ing attorneys succession act, which
applies only to counties OF over $780,
900 population.
Tuesday morning, Mr.. Fitzpatrick
after a consultation with Judge Muir
ply, filed an order setting aside the
statement OF facts in the case, and
letting the matter go to the court
merely on the constitutional feature.
Judge Murphy, OF course. would not
intimate how he would decide the
case; but with tn. domestic relations
couft case decision as precedent,
and the constitutional provision, Art.
VIII Sec. IL, which states that the cir
cult judges may FIJI any vacancy in
the offices OF county clerk or prosecut-
ingl attorney" before him. II seems
Likely that he will find the law in.
valid.
IL he does find the law unconstitu-
tlonal, the way will be open for the
circuit judges TO appoint successor
TO Mr. Shepherd.
There are three Republicans and
three Democrats on the circuit bench.
and though the courtesy OF the situa-
ton seems TO demand the appoint
ment OF Republican TO succeed Re
publican, the Democrats are in POI
sitiQn to prevent the choice OF any.
one who is not acceptable TO them,
and, possibly. to force the appoint.
ment OF Democrat
Private conversations with the
judges. none of whom wishes to be
quoted. indicate that they are In
somewhat Of a quandary They feel
that the Office should 90 to someone
Wild has had experience I'm the prose.
cution OF criminals. Most of those
who have had such experience are I'm.
available. Among the Democrats.
there Is not chance I'm the world
that Frank ID. Eaman or Percy w.
Groee, who were assistants under