The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-10-29
TWO MAYORS
IN court TO
WAGE BATTLE TIL
Holmes Combats NegIey's
Attempt for Permanent
Restraining Order.
DECLARES JOB is HIS
4 Was Here First, So My
Rival Has No Right in
Suit Attorney Says.

Odlkg HIIOi ivy OA yOH
"I'm in. I was here first. You
have no right to file a suit claiming
you are in and am trying to in
terfere with you.''
This, in effect, was the defense
which Mayor" Ira M. Holmes put
up in Superior Court today against
the suit of Mayor" Claude E.
Negley to gain exclusive right to the
title of mayor.
Negley is asking Superior
Judge Joseph Miner to make per-
manent the temporary restraining
order he issued early Friday morn
ing, directing Holmes, John l..
Duval, and their associates not to
interfere with Negley in exercise OF
the powers of mayor.
Both Claim Chair
Negley was elected moyar pro tenn.
bv CITY council Thursday. Holmes
says he is mayor because Duvall and
his wife, Mrs. Maude Duvall, former
city controller, resigner, permitting
him to succeed to the chief execu-
tive's chair an hour before the coun-,
Gil took action.
Holmes and Duvall filed a mo-
ton to dissolve the temporary re-
Straining order when the hearing
upon the application for the perma-
nent order began before Judge Mil
ner today. If this was overruled, it
was Holmes plan to file a demurrer
The demurrer contends that in
sufficient grounds for action are
stated in Negleys complaint and at
tacks the jurisdiction of the COM
plaint on the score that, from
Holmes viewpoint, Holmes was
mayor before the city council Ce-
clared Duvall and Mrs. Duvall
ousted, and that therefore there is
no virtue in Negley's contention
that he is the mayor and Holmes
the interloper.
New Line of Attack
Hopeful that they would succeed
with this argument in having Neg
ley's suit thrown out Of court and
Holmes title thereby partially
cleared, the Holmes lawyers, led by
former Supreme Court Judges Lewis
B. Ewbank and Charles E. Cox and
Attorney Thomas Whallon, were un-
derstood to nave a new line Of di-
rect legal attack upon Negley ready.
What this action would be was
not disclosed. Which ever side loses
the action today is expected to ap-
peal to- State Supreme Court, but
in a civil action the decision OF
the lower court is operative until the
higher court overthroWs it, so
Holmes, in case he losses today, was
expected to start some kind OF &C
ton with the direct purpose OF un-
seating Negley.
Holmes and Negley at 9:45 linked
arms and walked from city hall to
courthouse together. They parted
on the first floor, Negley dropping
into the Office of Auditor Harry
Dunn and Holmes going on the sec
ond floor.
Negley beat Holmes to city hall
this morning, arriving at $40.
Holmes came in at $3.50.
DuvaH Clears Out =
Duvall came to city hall last night
md removed his personal belong
.ngs from the mayors office.
Holmes said that if he was fairly
defeated" he would step out of the
office gracefully, with the hope that
Indianapolis Immediately will start
..1edeeming herself"
"If the final ruling is in my favor,
I will start in at once to give In
dianapolis an honest business ad-
ministration, modelled along city
manager ideas as nearly as possible
with the present form Of govern
ment. I houpe the people would
Judge me by the kind of men /
surround myself with.
"I will keep office hours from 3
to s with an hour for lunch, instead
of from 8 to with two hours for
lunch. I never took two hours for
lunch in my life.
Must Have Loyalty
'I would make just two demands
of city employes-that they be loyal
to me and give efficient service to
the public. I must have loyalty to
me, though. would be understood
that was boss"
Negley said that if he won he
would start upon "ten days of hard
work"
City council is scheduled to meet
Nov. and pick permanent mayor
to succeed Negley, the pro tenn Of
fetal.
- InDIANA polls -
Doubted Strawberries
Bu United Press