The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1920-11-17
DAVENPORT WINS
LONG BATTLE IN
SUPREME COURT
High Tribunal Denies Motion New
Trial Filed by County Attorney
Following Decision Favor
ing Defendant
STACEY TO FIGHT ANY
EFFORT TAKE BACK JOB
Case Outgrowth Grand Jury Probe
and Return of Accusations; is
Thrown out on Techn-
calty; No Statement

A decision handed down by tn
state supreme court yesterday de
MED rehearing in the case OF hi
State of Oklahoma VS.. r, e. Davea
port, who several months ago wa'
removed from 'fflce pcniing he vt
come of a case started against hir
by grand jury accusation.
This was the last round of the
fight and as soon as the mandate
is filed in the court clerks office
Davenport will be entitled to again
assume charge of the county judges
office, according to William Stacey
county attorney, on behalf of the
state, who carried the case to the
supreme court.
The first round of the fight in the
high tribunal was won by Daven.
port, the higher court sustaining the
actions of the lower court Stacey
Immediately filed a motion for re-
hearing This motion was deaied
yesterday and the case is finally end.
ed.
Winner Non-Committal
Judge Davenport this mcIuins re-
fused to make q sta.eaeat concern
ing the action }. the saoreme ,ourt
or answer tho iua,' as - whc:he.
or not ,a wouc Teas ,Nlan ,ha-g'
of the county judges office Wait
until l see the mandate. Until that
time will have no statement for
publication" he said
The case against the Grady county
judge was started after a grand jury
had rendered an accusation praying
for his removal from office ON the
charge OF violation of the penal
statutes involving moral turpitude."
returned in the district court OF Ora
dy county, William Stacey, county
attorney, asked for Davenport's re
moval.
When the case went to trial, the
defendant through his attorneys,
Stuart Sharpe and Cruce of Okla
homa City, filed a demurrer upon
two grounds: first that the offenses
alleged in the accusation did not in
volye moral turpitude; second, that
the grand jury had no jurisdiction
to return accusation for removal OF
an officer for the causes enumerated
in chapter POS of the laws of 1T.
Accusation Dismissed
Charles c. Watts, trial Judge, act
ing in the absence of District Judge
Linn, disqualified from trying the
case sustained the demurrer and
dismissed the accusation From this
judgment, the county attorney, acting
in behalf of the state, appealed to
the supreme court.
The fight was centered around the
question Of whether or not the grand
jury had the power and authority to
present an accusation for the removal
of officers on the grounds enumer-
ated in chapter POS of the laws OF
1917. That the grand jury had this
power and authority was the con-
tention of County Attorney Stacey
The defendant in error con ended
hat said act is a SPECIAL act and in
HIucr 10 ,enlove an office for TIE
:,I.r- G Grated il the act the
accusation must be in the name of
the state of Oklahoma, on action
of the attorney general. This con
tention was the opinion of the court.
The charges against the defen-
dant if true, would be violation of
subdivision of section 8, chapter
eos, session laws of 1917" says the
opinion rendered by Justice Nc
He'll.
Will Contest Payment
County Attorney Stacey this morn
ing declared that he would fight any
attempt on the part of Davenport
to collect salary for the time Judge
Thas. J. O'Neill has been acting as
county Judge.
Any such step, the county attor
ney said, would be contested on the
ground that Davenport, in his an
swer to application for suspension
stated. that he does not resist said
application for suspension; that
while he. denies all of the allega