The daily Alaskan., 1921-07-07
.Sn1ith-RuStgard
 Appear In Court

The progress of the case which is caused by an affidavit made by w.. c. Smith, territorial treasurer, in the Edith F.. Sheelor case will be fol- lowed with no little interest. Mir. Smith charges Judge Robert W. Jennings with being such a close political friend of Ex-Governor Riggs, as to be incapable of render ing q fair and just decision. The af- tidavit is modified somewhat in the latter part, by an ayowal by MT Smith in the integrity of Judge Jen- nings, but the body of the affidavit carries q sting which sayiOrs Of pol itical rancor.
 Judge Jennings has cited Attor- uey-General BusJiard and Mir. Smith to appear before him in KetchjkIn on July II, and show cause why they sHUuld not be puuisDed for con.empt of Couurt.
 The case arouse from a warrant which was issued and signed by Mr. Riggs, ill favor of Edith F. SheeIor The plainun was employed as clerk in the office oi the territorial health commissioner.
 Tine legislature provided for q health commissioner, but failed to appropriate any funds for clerk hire. AIr, Riggs issued the warrant with the understanding that the funds would be paid from an emergency fund. which the governor has permis- sion to draw on. Mir. Smith, as ter ritorial treasurer refused to issue the salary warrant and asked the at torney generals opinion on the mat ter. The case in question IS the re- suit.
 The amount involved is slightly less than $500.
 The Smith Charges.
 The affidavit signed by Smith reads as follows:
 W. C. Smith, beius first duly sworn deposes and says:
 That l am tine defendant above named, that I have read the writ of mandamus and the petition for a writ in this cause and am familiar with the allegations therein, that an informed and believe that the Hon orable Thos Riggs, until recently Governor of Alaska. was chiefly in strumental in causing this action to be instituted and that it has been instituted for the purpose of compel ling the payment of certain claims against the territory which the said Governor has approved of but the legality of which is at least qUcs- tionGble, that if said cause be tried upon the facts it is likely 10 involve the question of the integrity and ve- racity of said ThOs. Riggs, that said Riggs and Hon. Robert W. Jen- nings, judge of this court, for sey- eraI years last past have been and still are intimately associated polit- ically and socially, and deponent be- lieyes that his honor Judge Jennings is much interested in sustaining said Riggs in matters involving his aC- tions as Governor, and more partic- ularly his actions relative to the claims involved in this case and that for those reasons the present Judge of this court would find it eX- tremely difficult to hear and decide this cause uninnuenced by his afore- said relations with and sentiments towards said Riggs; that what has already transpired in this cause has convinced me that the honorable judge of this court is not unin- fuenced by a prejudice in favor of plaintiff herein and against defend ant; that both parties to this cause as well as their attorneys, live in Juneau and this action, pursuant to the rules of the court, should have been brought in the Juneau district of Division No. 1 instead of in the KetChikan district; that 10 try the case in Ketchikan will involve an eX- pense to the Territory which will probably exceed the amount in con trOversy besides cause some public inconvenience by requiring the ab- sence from their respective offices of the Treasurer and Attorney Gen eral during a period when they are needed at the capital; that believe that plaintiff, her attorney and said Riggs, Cauded the said action to be instituted at Ketchikan for fear that
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