Tombstone epitaph., 1921-03-27
CITY hARSHAlStilP STILL UNSETTLED.


 The situation as to who is chief of police of the City of Tombstone re- nrain. the sane as when the city coun- cil took action over two months ago, following the action nj dismissal with ont prejudice. this afternoon. of the case of C. l.. Blackburn vs J. F. Me Donald. on the grounds that the case was not brought in compliance with the statutes providing for quowar ranto proceedings by and with the consent Of the county attorney, ,n statemen, of fact
 On motion of the deiendants attor- ney. Fred Sutter. this morning. Judge Sames in Division No. of the Su- perior Court. heard arguments on both sides on motion to quash the proceedings at which numerous au- thorities were cited by both sides
 Recessing until 30 this afternoon Judge Sames took the matter under advisement. rendering his opinion shortly after court convened
 Stating that he would like to see the matter come ;o trial on the is sues. since the case was one oi pub lie interest and the operation of city government was being hampered by the fact that two men claimed the of flee in question. the court added that on ;he face of the present complaint. which in his mi9d. supported by for mer Arizona case. was not in strict conformity with the statutes. he would dismiss without prejudice.
 The defendant had claimed that statement of fact To the county attor- ney. who had signed the complaint was not sufficient To constitute ground of action inasmuch as the county at tornev had not taken Gn aC;:ve inter est in the ease. ypholdins this cor tention the court ruled that tie filins affidavit did not constitute sufficient statement of fact, ipasmuch as the statute provides that actions of this kind must be brought on leave of court
 This left the action thrown out .: court on technicality with the real facts and merits of the casa still at issue. so this afternoon. o. Gibson. It torney for Blackburn. prepared and submitted to the court statement of fact asking leave to prosecute an action in the nature oi quo warranto proceedings to determine the right of ]. P Mcdonald to occupy the office and exercise the functions of chief of police of the City of Tombstone"
 This was framed in conformity With the law covering such a procedure following the refusal Of County Attor. ney Ross 10 prosecute the case, NIr Gibson. following 8 statement of fact reciting the action of the council in first appointing Blackburn 10 fill out the uaezpired term. and later remov- ing hin and appointing Mcdonald. without first preferring charges. ap- piled to the court for leave to con- nience the action in his own name. and not in the name Of the state as was the case in the case just disposed of, "for the purpose of testing by what right or claim the saic J. P. McDoa- old exercises the functions of said Of fi.e"
 This afternoon. when asked the status of the case. MT. Gibson said: They have merely taken advantage
 T really hoped the court would rule against us, since if we had to go to the supreme court we would then have chance for reversal. I did not think the suit had been brought pro perly, according to the statutes. As 1t is, if new actior is brought. it means another delay to get the situ- ation really clarified. The case is one 1 that is of public interest and I. as at torney for the defencan:. would like ! 10 see 1t concluded as early as pos sible."
 Late this afternoon. following sup mission Of the 2l5aa,i; and statement i of facts asking leave to institute the new suit. Judge Sames granted the leave as prayed for by the plaintiff and Mir Gibson announced that the | new suit will be flied either late this |