The Butler weekly times and the Bates County record. (Butler, Mo.) 1918-1950, 1921-05-26
HYDE WILL ASK COURT TO
GUST DEMOCRATS TO
MAKE G. O. p. JOBS
Food and Drug Game and Fish Com
missioners to be Defendants.

Jefferson City, May 18.-The mex
step IN the plan of Governor Hyd,
Ito get the jobs of Democrats, whose
terms OF office have not expired, will
be the filing of quo warranto pro.
ceedings i'll the supreme court to ous'
State Food and Drug Commissioner
f. l.. Farmhouse and State Game and
Fish Commissioner Tim Birming.
ham from office
Frank Middleton, OF Unionvi!'e
who was appointed by Governor
Hyde to succeed Birmingham went to
the office of the game and fish COIN
missioner late Tuesday and presented
his commission with the request that
he be permitted to take charge.
Birmingham told Middleton that he
had been appointed commissioner by
former Governor Gardner for a four
year term ending August I6, 1921. He
told Middleton he intended to remain
in charge of the office until the e<-
riration of H. term.
The fish and game law OF the state
was revised two years ago and Birm-
ingham was reapoointed by Governor
Gardner for four year term ending
in 1923 However that appointment
was not confirmed and ii is on tina:
contention that Hyde appointed a
successor.
Birmingham first appointment was
confirmed by the senate and he has
been advised by his attorneys Frank
H. Faris of Rolla, that the governor
has no right to name his successor
until the expiration of the term in
August.
George Wagner OF this city, who
was named by the governor to sue
coed Food and Drug Commissioner
Farmhouse, was to make the formal
demand Wednesday that the office be
turned over to him.
Farmhouse is Sitting tight" on the
advice of his attorneys, Charles -.
Revelle and John P. Leahy of ST.
Louis that his term of office does It
expire until June 1, 1928. Barnhouse
will refuse to yield the office.
Assistant Atty. Gen. Merrill OILS
is preparing an application for writ
-of-quo- Earranto- against birmingham
and a similar suit will be filed against
Farmhouse. They will be filed in the
name e Atty. Gen. Jesse w. Bar
rett.
1t is not believed that the supreme
court Will be able to pass on the sults
until next October or November. In
the event they are pushed on The
docket decision could not be
reached before that time.
State Industrial Inspector Lee Dun
lap of Kansas City has telephoneu
Governor Hyde that he is ready to
turn over his office to Mrs. Alice
Curtice Meyer Wing of Greenvill.,
who be- been designated as his sue
cessor, as soon as she arrives in Kan
sas City. She has been asked to come
to Jefferon Cit" -. "nce and receive
her commission.
The appointment of Wagner as
food and drug commissioner is cx.
pected to cause a bitter factional
fight in Republican circles in Cole
county. 1t is freely predicted that, i'll
the event Wagner succeeds in wiz
ming legal fight for the office dur
in the next few months, he will not
he confirmed by the state, senate.
His appointment is unsatisfactory
to Sen. w. c. Irwin of this city,
was one of the leaders of the senate
during the last session. There has |
been bad feeling politically between |
Irwin and Wagner for several years. |
It is known Wagner is disappoipt-
ed. He was planning on being chair
man of the new state prison board at
a salary of $4,000 a year and getting
the warden's residence as his official
residence.