The north Mississippi herald. (Water Valley, Yalobusha Co., Miss.) 1888-1929, 1921-02-11
OXFORD REMAINS
CITY UNDER
COURTS RULING
Judge Roane Decides in Favor
of Present Incumbents.

OXFORD, Miss, Feb 8.-Another
chapter in the custer suit of the Of
ficials of Oxford was made history
here today before Judge w. A. hoane
when o. B. Boone ct al, the appointes
of Gov. Russell under an aldermanic
form of government sought to GUST
T.. j. Nets and Louis Stephens, the
imcumbents under the commission
form of government. The case was
of intense local interest and the court
room was crowded.
AS will be recalled, the first custer
proceedings were brought in Septm-
Der, 1920, in the name of Governor
Russell, in order that his appointees
might have possession of the offices.
The plaintiffs won in the lower court,
but the defendants, Mayor E. E. Ten
pie, Nets and Stephens, commission
ers, appealed to the supreme court,
where the case was reversed and dis
missed on the ground that the case
was not of general interest and that
the governor had no right to bring
the suit.
In january the appointees filed in
formation in the circuit court of La
fayette County again seeking custer
proceedings and had Judge Long of
the First Judicial District issue an or
der setting the case for hearing st
Corinth on the grounds that Judge
Roane was out of the state It de-
veloped that Judge Roane was in his
district at the time the order was is
sued The defendants put up a plea
as to jurisdiction and the proceedings
before Judge Long were dismissed.
o. B. Boone ct al again filed quo
warranto information in the circuit
court of Lafayette County and this
cause was heard by Judge Roanc to-
day. The plaintiffs were ably repre-
sented by Clayton D. Potter of Jack
son, an ex-supreme court judge.
The defendants, by their attorneys,
L.. c. Andrews and Harry M. Bryan,
filed demurrer on the ground Dat
the information filed did not set out
cause for action. The court sustained
the demurrer, taxed the plaintiffs
with costs TO this point and allowed
them to amend, which the plaintiffs
did, and then alleged that the United
States census of the municipality \. as
fraudulent and that p. B. Furr, COM
missioned by the governor, had taken
new census of Oxford, which showed
the municipality to have less than o.
900 inhabitants and, thereupon. the
governor issued his proclamation 6e-
noting the city of Oxford to a tow 4.
abolishing the commission form of
government, declaring the municipal
Ity to be under aldermanic form and
appointing a mayor and alderman.
Then the defendants filed second
demurrer assailing the whole pro-
ceeding, including the legal sufficien-
ey of pleadings filed by the plaintiffs
as well as the constitutionality of the
status under which the governor act
ed in issuing his proclamation.
1t was a hard fought legal battle
and after discussing the law applica-
BILE to the case, the court sustained the
demurrer on the basis that the plain
tiffs did not show sufficient grounds
to entitle them to the municipal of
fices sought by them.
The result of the courts ruling is
that Oxford remains city on COM
mission form of government contin-
ues. It is understood that plaintiffs
will take an appeal to the supreme
court.