BEALL v. VERNOR

BEALL v. VERNOR
1926 OK 300
247 P. 1007
114 Okla. 215
Case Number: 17306
Decided: 04/06/1926
Supreme Court of Oklahoma

F. B. BEALL, Mayor of City of Muskogee, Okl., Plaintiff,
v.
Enloe V. VERNOR, District Judge, Defendant.

RILEY, J.

¶1 In this case the court, by a majority of the members, has issued its order in mandamus requiring Hon. Enloe V. Vernor, district judge of Muskogee county, to certify his disqualification in the trial of cause No. 16668, district court of Muskogee county, Paul C. Williams et al. v. F. B. Beall, Mayor of the city of Muskogee. No opinion as yet has been filed in this matter representing the views of the majority members of the court showing their basis for said order. I cannot refrain from expressing my views which are in conflict with those of the majority opinion.

¶2 This matter grows out of an election controversy in the city of Muskogee which is under the charter form of government. The mayor, F. B. Beall, contends that the city charter is exclusive, and by virtue thereof he as mayor is authorized to appoint all of the election officials in conducting said election. The opposing contention is that the city charter is not exclusive, and that by the terms thereof, which puts in force the state statutes, the election machinery shall be selected in compliance with the state law. It also appears that in the proceeding filed in the district court the respondent herein has issued an alternative writ of mandamus requiring the mayor of said city to appear and show cause why said election officials should not be appointed in compliance with the state law as he construed it. The mayor, and those associated with him, then applied to this court for a writ of prohibition to prohibit said district judge from proceeding further in said matter, which was denied by this court during the forenoon of April 5th. It appears that the district judge then proceeded with said hearing, and that during the afternoon of said day, the mayor, through his attorneys, applied to this court for a writ of mandamus to compel said district judge to certify his disqualification and to desist from further proceedings in said matter, and the order of the majority members of the court, above referred to, was then entered.

¶3 It appears that the district judge had no notice of this application, and therefore had no opportunity to file a response, and has no opportunity to be represented in the hearing, either in person or by attorney.

¶4 The matter of requiring a district judge to certify his disqualification is a matter of serious consequence and may indirectly question his honesty, integrity, and motives in such proceedings.

¶5 The application for the writ of mandamus issued herein was based upon the following affidavit:

"In the District Court in and for Muskogee County, Oklahoma.
Paul C. Williams et al., Plaintiffs, v. F. B. Beall, Mayor of the City of Muskogee, Oklahoma, Defendant.
No. -----.

Affidavit of Disqualification.

F. B. Beall, being first duly sworn, deposes and says that he is the mayor of the city of Muskogee, Oklahoma, and is the defendant in the above-entitled cause; that the Honorable Enloe V. Vernor, judge of the district court within and for said county of Muskogee, Okl., is disqualified to sit in the trial of said cause by reason of the fact that he is biased and prejudiced against this defendant and because he is biased and prejudiced in favor of the plaintiffs; and this defendant states that a fair and impartial trial of the above-entitled action cannot be had by him before said judge.