The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1915-10-26
WILLIS REMOVES
Glen DENNINC
Sustains Charges Filed Against
License Commissioner.
LATTER TO APPEAL TO COURTS

Action Will Be Based On the conten-
ton That Glen Denning's Activities
In the Referendum Do Not Constl-
tute Misconduct In Office and Gross
Neglect Of Duty-Format Decision
Of the Governor.
Columbus. Oct. 23.--Governor Will
Lie removed Byron M. ClenDenning Of
Cincinnati as q member Of the sIate
liquor license commission. The gov
crnor sustained the charges against
ClenDenning Of misconduct in office
and gross neglect of duty. for partici-
pating in the referendum on the Nc
Dermott liquor license act.
Mr.. ClenDenning and his counsel
said they will appeal to the supreme
court from the governors decision.
but have not yet decided in what form
the court action will be instituted. II
Q successor is appointed to ClenDen-
ming, the suit may be one in quo war
Ianto to oust the successor and rein
state ClenDenning, or IL no successor
Ne appointed It may be in the form Of
. mandamus to compel the governor
to reinstate ClenDenning.
The court action will be based upon
the contention that ClenDenning's ac-
tivities in the referendum do not con-
stitute misconduct in Office and gross
neglect Of duty, that statutes can not
limit the free exercise of a persons
duties and privileges, which are guar
anteed by the constitution.
The charges were sustained in con-
formity with an opinion of Attorney
General Turner that such activity as
was complained of on the part Of Glen
Denning constitutes misconduct in o.
flee and gross neglect of duty in the
meaning OF the present liquor license
law and the corrupt practices act.
Governors Decision.
The governor held that all five
charges which had been preferred
against ClenDenning by w. B. Mat
thews, former sheriff of Delaware
county, had been substantiated by suf-
ficient evidence to warrant his re-
mOval. In his formal decision the
governor recites the fact that the pro-
hibition amendment will be q part of
the election and contends that the Nc
Dermott measure involves the numer-
ical limitation OF saloons. These two
points were denied vigorously by Glen
Denning's counsel.
Charges which the governor sus-
tanned against ClenDenning were that
ClenDenning and others, about Aug.
20, entered into an agreement by
which ClenDenning willfully used his
official position az state liquor license
commissioner to influence and induce
certain county license commissioners
to engage in the circulation OF peti.
tions and placing thereof in saloons
ard with certain licensees throughout
the state for the purpose Of carrying
out the end sought in bringing about
a referendum on the McDermOtt act ;
that he used the influence of his Of
fee and represented to county lie csnse
officials, for the purpose Of inducing
them to obtain licensees to circulate
petitions and obtain signatures, that
the state liquor license board would
protect them against removal and tG
provide Offices for them In case the
referendum were successful
Other charges sustained were thai
ClenDenning had neglected his Officia
duties in using time to telephone
county licensing commissioners; tha'
lie spent about $2S in telephone billl
In furtherance of the referendum;
that he caused county officials to neg
lect their duties by sending them tt
attend referendum meetings. and tina
he caused Charles Dee, an employe o
the state license board, to neglect hi
duties by carrying referendum peti
tions 20 Cleveland from Columbus.