The Elk Mountain pilot., 1924-01-10

EN- BANG
Error to the District Court of Gunnison County,
Hon. Straud M Logan, Judge.
ON APPLICATION FOR sUPERsEDEAs
JUDGEMENT REVERSED.
MESSRS MOYNIHAN, HUGHES KNOUS & FAUBER
HON. RUSSELL W. FLEMING. Atty Gen.
MR. HAROLD c. THOMPSON, Asst Atty Gen.
MR. CHARLES M. WHITE. Asst Atty Gen
Attorneys for Defendant in Error.
Mr. Justice Burke delivered the opinion of the Court
Plaintiffs in error hereinafter referred to as defend
ants indicted for malfeasance in office as County
commissioners of Gunnson County verdict of guilty.
returned to each Tereupon they were fined 5000
and Sullivan and Knowles ordered from Office
10 review that judgment defendants this writ
and ask that it be made a supersedeas
That portion of the statute under which the indict-
ment herein was returned reads follows:
Every '" -" county commissioner = = who
shall wifully and corruptly be guilty of oppression
malfeasance parality in the discharge of his Off
c1ai duties shall conviction thereof be fined in
sum not exceeding two hundred dollars. And the
court shall have power upon the Recommendation of
the jury to add to the Judgment of the court that anv
officer SO convicted shall be removed from office"
1881 r
The indictment recited that said defendants
between the list day of June 1922 and the 1st day
OF August in the year of Lord thousand nine
hundred and twenty-five at and within the county
aforesaid. then and there being were and the said
George Sullivan and Ted Knowles are the duly
elected qualified and acting county commissioners of
Gunnison County, Colo. and the said W. H. Whalen
George Sullivan and Ted Knowles as such county
commissioners, then and there willfuIly unlaw-
fully, and corrupty guilty of mafeasance in the dis
charge of their official duties that thew did then
and there wfuy, unlawfully corruptly and il
legally expend and to be spent the funds of
Gunnison County the of S3791O for intoxicating
liquors. dinners banquets, music, sodas, cigars and
miscellaneous expense for entertainment purposes;
rf''
The indie ctment was returned April 81 1929 and was
thereafter supplemented by bill particulars All
efendants moved to quash because offense was
charged. Defendant Whalen quash on the
him Both motions overfuled The iury was i'm
oaneed and May 1928 At the close of the peo
oes evidence defendants instructed YER
Ic on the ground that there proof of wfuness
was returned May 25. 1923, and it therein recon-
nended that Sullivan and Knowles be from Of
ice Motion for new trial filed overruled and
Judgment entered the verdict
There appears be material disag greement as to
he following facts The second highway district of Col
'rado includes counties western portion
1r the State and among them the county of Gunnison
The highway advisory board is empowered to designate
hose highways which constructed maintained by
he State In adjusting expenditures thereon it is the
1uy of the board to receive and recommen
aons OF county commissioners. Under federal legisa-
ion and regulation certain main of traffic in the
tate designated as primary highways" receive per-
enta@e OF their maintenance cost from the federal gov
fnment Running through the western portion of Colo
ado is the Rainbow Route" a section of transconti-
rental road Gunnison County of the chief beneci-
'ries of tourist travel interested in having portion
II ner highways Incorporated in the Rainbow Route and
hat route as modified declared primary highway
nus throwiug the principal stream traffic through the
own OF Gunnison the county seat and insuring state
maintenance and federal aid On these and related sub
ects there considerable diversity of opinion among
he county commissioners of the second district bet
er understanding of the highway problems confronting
ne section seemed indispensable harmonious action
TO that end the county commissioners Gunnson Coun
y invited the commissioners of the second district to
onvene at Gunnison and authorized arrangements for
heir refreshment and entertainment. The meeting was