Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-08-16
r. X. DEVRICKS
FILES SUIT TO
GUST SWAILS
Continues From Page one.)

* ontuNFu AFuHa Nc N+a'-f
Washington Township. No mention was
made Of Trustee Clements Purdy Of Pike
Township, the office that the county
commissioners sought 10 abolish by max
ing Pike Township a part OF Wayne
Township.
1t e. set MP In the complaint that Trus-
tee Hecker was elected chairman OF the
meeting Of the county board Of educ7-
ton aud thst Trustees Voyles. Evans,
Hecker and Hnlman voted FOR Devrlcks
and that Trustees Wright, Hamilton.
Burk and Wheatiy refused to vote Then
It Is contended that County Auditor Leo
k Fesler, IS clerk Of the board. voted
IN favor Of Mr.. Devrlcks and that Mr..
Devricks was declared elected
The complaint sets up that Mr.. Swnils
only holds a two years State high school
license and SO did not possess the neces-
sary qualifications TO be q candidate for
the office on June 8. last
It also is coutended that the trustees
were informed that Swails was not quail
fed 10 be a candidate and IS not entitled
to hold a professional or life license
granted upon examination by the state
board Of education.
OBJECT TO TEST
TITLE TO OFFICE.
Tho object Of NJ Devrcks suit Is to
test the title OF the office or In other
words to determin, who Is entitled 10
hold the office.
The suit was filed in the Same court
that Mr. Swalls filed mandatory action
and for 5000 damages against Auditor
Fesler In ewails' suit, tho plaintiff asks
that Auditor Fesler be compelled TO cor
rect the alleged fraudulent record made
by Mr.. Fesler showing the election OF
Devricks.
The written demand Of Nir. Devricks
upon Swails 20 vacate the office is as
follows:
Il hereby make demand upon you, that
you forthwith cease TO act as superiu-
Uendent Of Marion County, and that you
forthwith vacate and abandon the prem
Uses appurteuant TO said Office. and
that you forthwith surrender and account
to me for all books, records documents
and othen property Of any kind whatso
ever sppurtenant TO said office
"Concurrenuy with the foregoing de-
mand 1 notify you that | have been duly
elected superintendent Of schools Of Ma
roin County for the lawful term begin
ming Aug. 10, 1921. and that ! am ready
to assume the duties thereof, and that |
win assume the duties thereof unless pre-
vented y failure upon y0un part to com
ply with the aforesaid demand"
Swails was administered his oath Of
office by A c. Sogemeier deputy county
clerk and Mr. Devricks received his
OATH Of office from Mr.. Fesler.
MANY EXPECTED
SENSATIONAL AFFAIR.
Many who fingered in the vicinity or
the superlntendents office expected to
see IS a sensational an affair as when
the Pesler Devricks faction Of tho county
school board elected Mr.. Devricks
superintendent. At that time SIR. SwaiIs
and Auditor Fesler nearly came to
blows. Today everything was very quiet
and orderly as Mr., Devricks decided to
leave the question Of his right to the
office up TO Judge Hay.
II do not care to embarrass the teach
ers of the county in the opening Of
school," Mr.. Devricks stated. lit is
matter for the court to decide"
In the meantime, superintendent Swails
occupies the office and is preparing to
open the county schools In the fall. He
has announced that the annual county
teachers institute will bet held IN the
Criminal Courtroom Aug. 70 to Aug. 20.
1t is understood that Mr.. Devericks
will make no further effort to obtain
possession of the office until Judge Hay
decides the case
The Swais- Deyericks controversy is tine
result of a desire Of the members of the
Marion County board Of commissioners to
replace Superintendent Swails, who is a
Democrat, with a Republican. In at
tempting to carry out the theory that to
the victor belong the spoils, the com
missioners sought to dominate the town
ship trustees who compose the Marion
County board OF education
WHOLE TOWNSHIP
Is ABOLISHED.
Failing to obtain the required number
Of votes to put Mr.. Deverlcks in office,
the commissioners, on the day Of the
meeting of the board of education, for
the purpose Of electing county school
superintendent. passed a resolution aboI
ishing Pike Township and making it
part Of Wayne
This resolution was presented TO
County Auditor Leo X. Fesler who read
the resolution at the board meeting.
Fesler then refused to recognize Clements
Purdy as trustee of Pike Township.
This arbitrary action OF Mr.. Fesler and
the commissioners resulted in Trustee