The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1915-07-17
NORTHWESTERN
DEAL SORE SPOT
Attorney for Property Owners In
SistS That Commissioners
Restore $40, 624,O0
SHEARS ELIGIBILITY IS ATTACKED

OIt inns lOl OttU hllllllltA ~ w u'll''
In the supreme court II the state and
IL therefore ineligible 10 hold the Of
flee 10 which Mayor O]yerhulsrr up
pointed him. according TO the state
mcnts Of several attorneys In the city
The city charter provides that the
counsellor must have been admitted to
practice three yeurs before he h ell.
gihle To hold the plucc.
while n number Of attorneys In the
city say they hnye known for some
4mc that shear was not eligible, aud
one Of them says he called the atteu-
ton Of the commissioners to It before
the appointment was made, nothing
was suid about II publicly until the
city commissioners referred to the
counsellor II communication relative
to the suit which Charles II Ruth has
pending In the supreme court for the
restoration OF II large sum Of money
to the city from the former commits.
siOners. Then Ruth brought the mat
ter 10 the attention " the commissions
crs IN such II manner that they can
hardly overlook II.
Ruth Known as Wolf
Ruth Is known umung other lawyers
as "A wolf IN the prosecution of the
cases he takes into court Some
months ngO he brought suit against
the city commissioners, IN the name
Of a taxpayer, asking for the restora'
ton Of $IO,G2i to the city treasury
from the Northwest park deal Ac-
cOrding to Ruth's allegations the land
was sold to the city for park purposes
and was to be paid for when n portion
Of II had been sub-diyidcd into resi-
dence lots aud sold.
out OF the sale " these lots the Tor
mer owner Of the land was 10 be paid.
but the commissioners manipulated II
In such a way, he alleges, that the
money was taken out NJ n fund and
the payment wa made outright. In
his petition, filed In the name oC n
property owner. the attorney detailed
the original price paid for the land
n short time before II was sold to the
city and the enormous value that was
placed upon II when II VAS transferred
to the municipality for park purposes.
Asks About Delay
In a letter addressed to the present
commissioners Ruth calls attention to
the fac. that some time ago he sent
them Il communication relating to the
Northwest park land case. lie has
been informed, he SAYS. that the com
municntlon was referred 10 the city
counsellor, and for two months he has
been rthnblo 10 obtain from the com
m%lssioncrs an expression ~ opinion
or the matter.
Tho matter has been referred to.
one Byron H. Shear" Ruth says In hls
last communication To the commission
ers. (which ret on your part, ! am led
to believe, means that you will not
take my rCtion on the proposition, for
the following reason
THE charter Of the city under
which you were elected and are now
supposed 10 act provides among other
things that the board Of commission
ers shall elect by a majority vote a
municipal counsellor and municipal
Judge who shall each have been duly
licensed to practice law In the state
Of Oklahoma for at least three years
last past
II am Informed by the clerk OF the
supreme court Of the state Of Okla.
homa that Byron D. shear Is not now
and never has been duly licensed 10
practice law In this state. nm justi-
fled In believing that I'm referring II
to him you refuse to entertain the
proposition.
May Invslidate Payments
AS the city records show that nv.
ron d. Shear has been drawing n sal
airy OF $500 a month from the city
treasury for services as municipal
counsellor, he not being eligible 10 the
office, the question Of the legality ~
payments already made by you 90 him
may arise, and an investigation Of this
matter may be to your ultimate hnan.
cihl gain"
Ruth has announced his intention of
pressing the suit against the former
commissioners to n finish. He IA
backed by property owners who are
supplying the funds necessary TO car
ry the case through the court, and
considerable interest has been taken
In the suit since II was instituted and
the facts have become known.
The suit under the former commits
%Sioners was defended by the city muni-
cipal counsellor, placing the city In
the attitude ~ being sued In its own
name and defending itself against the
suit. The fact that Municipal Coun-
sellor Shear has not heen admitted to
practice In the supreme court aud II
therefore Ineligible Is only incidental
to the prosecution Of the suit for the
restoration Of the $4,000 10 the treas
urs k..A a. d.. u