The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1924-03-21
Catch BURNS
co N SPRING
IN OKLAHOMA
judicial Outrage UnparaI,0 ed
In State, Charged
BY ERNEST II. CHAMBERLAIN.
fafan Cnrreannndent nf The Eedarafed PrcaaN

Not1A NoAAchpoAtOcNs UA Inv NcueAAtcu AEenSJ
OKLAHOMA CITY, Mar. 20.
An application to appear as
a witness for impeachment of
the supreme court of Oklahoma
has been filed in the state
house of representatives by DR..
C. F. Border of Mangum all
leging a case of judicial OUT
rage unparalleled in state his
tory.
Borders case is of special
interest to public ownership
advocates as it shows the COM
bination Of the electric light
combine and the Burns detec-
tive agency in a conspiracy to
blackmail the mayor of Man
gum, who was a physician, into
calling off a bond election by
seeking to induce him to per-
form a criminal operation.
MIXED for Huge Profits.
DoAOEI uau III lOL IldyOI Oh u pun
lie ownership platform following his
discovery that the Mangum electric
franchise, as unit in a parent COM
pany" in New Jersey, was milking
Mangum citizens for about 500o
profits on a valuation that was mostly
water. Border was elected and called
a bond issue for a municipal plant.
One night he was Informed of a
conspiracy by opponents of the cleo
ton. A Burns agent from Kansas
City appeared with several confede-
rates including three red-light won-
en- from Oklahoma City. A dicta-
phone was installed and Border sum-
moned. He appeared, as chief of po-
lice, and took five six-shooters, a
bowie knife and pair Of knucks from
the crowd, had them arrested and con-
victed of conspiracy. After five years
the case finally came before the Grim
inal court of appeals where it was
found that the county attorney had
"misdrawn" the pleadings. The
statute of limitations having run,
the conspirators went free.
Border at the same time filed suit
for damages. The defendants got a
change Of venue to another county but
nevertheless Border got Judgment for
$4,000.
After ten years the supreme court
reviewed the case. They found that
the court had refused one instruction
to the jury. This instruction in sub
stance, however, had been given in an
other charge, but nonetheless it was
sufficient to influence the court to re-
verse the case for new trial after
Border had spent $4,000 of attorneys
and costs. The court found the YER
dict not excessive and the essential
facts to be true. 1t denied two appli-
cations for a rehearing showing the
fallacy Of the court position. The
court, however, did not render writ
ten opinion citing any authority for
their action.
On the bench at the rehearing sat
j d. Lidick, former attorney for the
Mangum Electric Co., who did not dis
qualify himself. One judge, Border
says, explained that the court nearly
always sustained other members. The
judge said that there were two DEM
ocrats and two Republicans and "what
ycu ought to have done was to have
taken shotgun and killed the whole
damned push" (meaning the conspir-
Rtors).
Prosecutor IL Retained"
The Encouragement, Prince FIRE.
hnghysen prosecuted the criminal
cases for Border, has since been re-
tanned by the conspirators.
The one bright spot in the sordid
story Is the successful operation of
the Mangum municipal light plant.
Judge N. +. Mcneil, who wrote the
decision Is, however, expecting the in
dorsement Of the Farmer-Labor
League at FL Reno.
AS a sidclight on the court custom
Of usually sustaining one another is
the decision on the validity Of tho
state warehouse bill asked by the CO.
operative organizations Of farmers.
In this case the bill was held uncon-
stitutional by decision in which
three members who were seeking re-
election this fall found the bill con-
stituticnal while the balance who will
either retire or seek other appointive
Jobs found the law invalid. Ono of
these Is TO be made u. 6. district
judge for cnetrrn Oklahoma. He Is
the Frank K1aremer whose name was
temporarily Held up while Senator
Walah 6irected the iyispe elton of the
Teapot Dome probe to the Oklahoma
judReghip fight for q bYies period.