, 1924-07-23
AUTHORITY OFROSS
IS ASSAILED IN COURT
AT STATE Capital
COUNSEL FOR PROSECUTOR
FILES APPLICATION For
COURT WRIT

Cheyenne, Wyo.-The authority Of
Governor William B. Ross to summon
Fred Wykoff, county and prosecuting
attorney of Hot Springs county, to
appear before him for hearing, on
charges of intoxication and failure
to perform official duties to deter
mine whether Wykoff shall be re-
moved from office by the governor, Is
challenged in an application for a
writ of prohibition to restrain the
governor filed in the court here of the
First Judicial District by counsel for
Wykoff. Judge w. A. Riner prompt
ly referred to the state supreme court
certain questions of constitutionality
raised by the Wykoff application. The
hearing before the governor is set
for next Monday. Whether court
action is taken before that time will
depend on the supreme court.
Wykoff's action to restrain the gov
ernor is entitled Estate of Wyoming
on relation of Fred Wykoff versus
William B. Ross as governor of the
State of Wyoming" Wykoff's plead
ings are signed by one of the most
imposing arrays of legal talent ever
associated in a Wyoming action. His
Counsel are E e. Enterline of Cas-
per, Lin 1. Noble, w. L. Simpson and
C. w. Axtell, all of Thermopolis; w.
L. Walls of Cheyenne; E. E. Iona
baugh of Sheridan; F. NJ. Perkins of
! Cheyenne and C. A. Earring of Ba-
sin.
Judge Riner, in referring to the su-
preme court the constitutional quesl
tions raised in Wykoff's application,
himself raises a constitutional ques-
ton and requests the opinion of the
supreme court thereon-whether it is
within the authority of a district court
to issue a writ of prohibition restrain
ing the chief executive of the state?
Wykoff's application charges that
Governor Ross proceedings in regard
to Wykoff, both those heretofore and
those contemplated, are unlawful and
without any authority of law and is
contrary to the law and subversive of
and contrary to the constitution of
the State of Wyoming" The pro-
ceedings, the pleadings set forth, are
in conflict with Section 10, Article l
of the constitution continuing that
the governor has no right, power, au-
thority of jurisdiction to hear, try and
determine the charges made in said
pretended complaint" against Wykoff.
The complaint referred to is that
lodged against Wykoff by state law
enforcement commissioner, NJ. c.
Wachtel, also a supplemental COM
plant filed by Wachtel. The Wachtel
complaint and supplement are gone
into in detail in the pleadings, which
then set forth that Section SO, Chap
ter 1T, Session Laws of Wyoming,
1921, under authority of which the
Governor is proceeding in the Wykoff
matter, ais unconstitutional and void,
contrary to, subversive, in derogation
and in violation of Section 10 and "a,
Article III of the constitution of the
State of Wyoming. The governor,
the application asserts, attempts to
exercise judicial functions and to u.s.
urp the powers, functions and juris-
diction of the District court of Hot
Springs county"
Wykoff's application will bring a
supreme court decision, if the court
passes an opinion on the referred con
stitutional questions, on the often
questioned but never heretofore tested
act of the last Wyoming Legislature
authorizing the governor to remove
prosecuting attorneys and sheriffs
from office under certain conditions
having to do with morality and en-
forcement of the law. II was under
authority Of this law that the govern
or acted several months ago against
Sheriff Toy of Sheridan county, who
was charged with intoxication anc
manfesance. The Toy ase did no,
bring n test Of the constitutionalit,
of the law, Toy resigning the shriev
atty before the date of the governor
hearing on his In the Toy case
as in the Wykof case, State Law En-
forcement Commissioner Wachtel
was the complainant.
The ~pleadings in Wykoff's applica
tion take c%ognizance of IN objection
or demurrer to the governors pur
ported authority raised by his coun