The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-10-24
HOGUE CLAIMS
MAYORS JOB:
TURNED down
DuvaII Refuses Demand to
Move Out; Legal Action
Taken at Once.
TOLD HE OWES CITY,
Executive Says Ex-Con-
trOIIer for Shank May Be
in Debt for Million


John L. Duvall today refused to
surrender his Office as mayor when
formal demand that he do so was
made by Joseph L. Hogue, who, with
his attorney, visited the mayors Of
flee.
Immediately after the refusal quo
warranto proceedings were filed in
an effort to oust Duvall from office.
Hogue was city controller under the
late former Mayor Lewis Shank. He
holds that Duvall, convicted under
the corrupt practices act, never was
legally elected and that the city con-
troller now is mayor as the auto
matte successor of Shank.
THE audit of your administration
is not complete said Mayor Duvall,
by way of answer to Hogue's de-
mand that he surrender the office.
but 1T looks as If you owe the city
OF Indianapolis a million dollars.
I'll not surrender this Office to you
until you've paid back that money
If ever.
Come see me again, Mr.. Hogue,"
Duvall said in conclusion.
Move on TO Court
Without reply, Hogue and his att
torney, Solon j. Carter, left the
mayors Office, after obtaining Du-
wallis signed acknowledgment to
their demand and entered the pro-
ceedings in court.
The mayor was surrounded by his
board of works members and CITY
Attorney John K. Ruckelshaus and
Assistant City Attorney Don r.
Roberts when Hogue and Carter
were ushered in at 10 a. m. They
were in the Office only minute.
Hogue read his demand:
Il hereby demand of you the inn
mediate possession of the office OF
mayor of the city of indianapolis.
together with all books, papers, and
records belonging thereto, and all
property now in your possession. be-
longing to the city of Indianapolis"
Hesitates, Then Signs
When the mayor had made his
reply and was asked to acknowledge
service of the demand he hdsitated.
but signed when his legal advisers
nodded assent.
Proceedings filed in Circuit Court
are based on the claim that Du-
wallis election was illegal and void
because of promise of appointments
which brought his conviction In Ma
rion Criminal Court under the COR
rupt practices act, and judgment OF
$1,000 fine and thirty days Jail sem
tence Oct. IL.
Hogue's attorneys contend that
Hogue is the rightful holder of the
Office, inasmuch as the Shank ad-
ministration did not abandon city
offices, but was removed by illegal
election certificates which at the
time were regarded as legal and
valid.
The complaint sets out that it
now is found that there existed, in
fact, no election at the time Duvall
went into Office.
Some Acts Legal
Because Shank should have con-
tinued in Office until his successor
legally was chosen, Shank, If alive.
now would be mayor, and because Of
Shank's death, Hogue, his city con-
troller, should succeed him in the
Office, the suit contends.
Acts of the mayor between the
time of his election and Oct. IL,
when judgment was passed on him,
are not questioned as TO legality.
Attorneys pointed out that these
acts were in fact legal, because the
public had reason to believe Duvall
was their accredited mayor.
In connection with another
custer move, the Chamber Of Com
merce committee, headed by Charles
F. Coffin, which is considering ac-
ton to remove Duvall and his wife
from office, met with the city
manager league executive commits
tee.
Others on the chamber commits
tee are Henry L .Dithmer and Har-
old B. West. Coffin met with
Prosecutor w. H. Remy Saturday.
but no steps were decided on,
Coffin said.
The manager committee named a
subcommittee to foster a statewide
movement for city manager in other
Indiana municipalities. The subcom-
mittee includes j. w. Esterline,
Frank E. Gates, Mrs. George G. Fin