The Washington times., 1924-07-05
Of
GOVERNOR
SOUGHT
Ohio Executive Refuses to
Make Affidavit ii Removed
Mayors Case
BY j. u. MEDDOFF,
IntstIla t10na1 News Service.

COLUMBUS, Ohio, July b.--When
d mans deposition ig wanted BY
d lawyer IN the interests Of b client,
and q subpoena - issued for said
man who refuses to honor 1t, the
only recourse III to make said man
observe the subpoena BY forcetul
methods.
But when said man ii no puny
thing, towering. six feet or 80 from
the ground and causing the scales
to groan beneath q burden Of
around 200 pounds. it's no cinch Of
q job.
Especially 90 when he happens
to be governor OF the State and
has at his command 10000 soldiers,
national guardsmen, TO resist any
and All efforts 70 employ forceful
means IN compelling him 70 do
something against his win.
This is the tvexatious situation
which confronts local attorneys who
are seeking to bring about the 70
instatement Of @. @. Curtis ~
mayor Of Canton. q post from
which he was ousted by Governor
Donahey recently for alleged Inn
proper conduct in office.
Amusing Situation.
In addition to creating q some
what amusing situation, the Incl.
dent Il regarded seriously by many
who assert that the governors re.
f,1sal to honor the subpoena served
On him by Curtis counsel has
raised 8 vital issue relative to the
Constitutional rights of the execu-
five branch OF the government az
related to the judicial. II forced
10 showdown II undoubtedly
would prove q! most interesting hot
weather diversion to the people,
not only in Ohio but everywhere.
Donahey, In reiterating his deter
nination to ignore completely the
subpoena, jolIingly remarked %
newspaper men recently that, as
cornmander.in-chief Of the States
armed forces, ] could in emergency
call them out TO protect my rignts
under the constitution"
II il certainly very Improbable
that the governor would take such
step, and It IL stIll more unlikely
that action Of the courts would
compel him to, but, for want OF
other things to do, lots OF folks
here are trying to figure out just
what would happen in either event.
Il IL dryly conceded by everyone
that. with the national guard at his
command, Donahey stands an excel.
lent chance Of coming out on top OF
the heap in the existing muddle, but
even Il the entire matter fixzles
out. as Il IL confidently expected to
do. the governor win have created
another eituation unprecedente In
Ohio's history.
Beginning Of Situation.
The complex situation found It's
ORIGIN IN the removal Of Mayor
Curtis several weeks ago by Gov
ernor Donahey following an official
Investigation into the formers com
duct 81 office. The depoaed Off
cial's attorneys are endeavortng 20
bring Donahey before q notary pub
lie to reply to questions regarding
| the manner In which he reached
his decision to give Curtis his walk
ing papers.
10 present their appeal to the
State supreme court, which IL not
hearing testimony, Il became neces.
sary for Curtis lnwyers to take the
deposition Of Donahey and have him
answer some questions 30 that the
case might be completed and pre-
scented to the court without oral
argument. This Donahey refused
to do.
''I'll 80 before the supreme court
In chambers and answer all Ques-
tons they can cut to me" Donahey
said, ''but / refuse fatty to be in.
terrogated by Curtis counsel, who
have no more right to ask me how
/ I reached my decision than has
anyone the right to query su-
preme court justice regarding the
way he arrived at q decision"
And there YOU are;