The Cordova daily times., 1921-07-21

w c. Smith, being first duly sworn deposes and says:
 That am the 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 l am informed and believe that the Honorable Thomas Riggs, until re- gently governor of Alaska, was chief ly instrumental in causing this ac- tion to be instituted and that it has been instituted for the purpose of compelling the payment of certain claims against the territory which the said governor has approved of but the legality of which is at least questionable, that if said cause be to involve the question of the in tegrity and vcracity of said Thomas Riggs. that said Riggs and Honorable Robert w. Jennings, judge of this court. for several years last past have been and still are intimately as sociatod politically and socially, and dcponent believes that his honor Judge Jennings is much interested in sustaining said Riggs in matters in. volying his action as governor. and moro particularly his actions rela- tive to the claimi involved in thls ease and that for those reasons tra present judge of this court would find it extremely difficult to hear and decide this cause mintlu,ucod ly his aforcsail rclatiors 1ith and sentiments towards aid Riggs: int what has already trm-p,rcd n this cause has convinced mo that tho honorable judge of this cOurt Is not uninfuenccd by a prejudice m favor ol plaintiff herein ar1 against de rcndant; that both parties t0 this cause as we'll as their attorneys. live in Juneau and this action. pursuant 10 the rules of the court. should have 1 been brought in the Juneau district of Division No in5tead of m the 1 Ketchikan district tha. to try the case in Kctchkan will involve an eX- pense to the territory which will l probably exceed the amount in con trovcrsy besides ,adsc some public | inconvenience by requiring the ab- sence from their respective offices | of the treasurer and attorney gen 1 eral during period when they are needed at the capital; that l believe | that plaintiff. her attorney and said | Riggs, caused the said action to be l instituted at Ketchikan for fear that | if it had been instituted in the regu- l lar form 1t might have to be heard before and decided by some other | judge than the present incumbent of the judicial office for this division
 and l believe that their undue haste
 is the result of a belief on their part that the honorable judge of this court
 Is prejudiced in their favor; that am informed and believe that at the
 time writ herein was returnable a
 motion was made to transfer the
 case to the Juneau district wherein
 1t belongs, but that said motion was
 not granted.
 That my duties are prescribed by
 Chapter 77 laws of 1913, and es-
 pecially by Section of said Act.
 that there is no law, so far as l
 know, requiring me to sign war
 rants drawn on me as treasurer. but
 on the other hand the law requires
 me to pay warrants properly drawn
 and properly endorsed by the payee
 when, but only when, the claim is
 a legitimate charge against some ap- propriations made by the legislature:
 that the attorney general has in. formed me, and l believe, that the 1 writ is clearly demurrable for at
 least two reasons, viz: In the first
 place 1t requires defendant to per
 form an act which 1t is not his func- tion to perform-sign a warrant upon
 himself as treasurer and which would
 be of no value to plaintiff; in the second place the writ, or petition
 shows that the claim is for expenses
 for which no appropriation has been
 made by the legislature and as such
 is not shown to be a legitimate charge against the territorial treas ury; that l am informed and believe that general demurrer was inter. posed to the writ and that such demurrer was forthwith overruled by