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Show COMMISSIONER CONTKOVFKSY GOES TO COURT JICE FILES CIVIL ACTION IN COURT Levies Charge Of Non-Citizenship Against Shrives A host of rumors circulatin freely about the county for tin past few weeks concerning th :;tatus of Commissioner-elect Fran iihrive::: was brought to light Mon Tay mr.rnir.g when papers v.eri : . : - ed siniif.-'ing that Quince Itice defeated candidate for comm;ssion-er, comm;ssion-er, was filing a case against the new commissioner. Commissioner Shrives took office Monday morning, how- ever, posting his boncf and taking the oath of office as prescribed by law. He is performing per-forming the duties of commissioner commis-sioner and will continue to do so pending, a settlement of the case. " A hearing was originally set for Friday, January 17, but will be: reset re-set at a later date since defense attorneys have 5 days from the time the order to show cause was served to prepare, a reply. The order or-der was served Monday morning. Through his attorneys O. R. Baum rnd Ben Peterson of Po-catello, Po-catello, Quince Rice filed a complaint at the courthouse charging Commissioner Shrives with taking office without authority au-thority of law; that he allegedly alleged-ly is not a qualified citizen of the United States, and that he is not entitled to hold office. Neither the Complaint or the Order Or-der to Show Cause indicated what alleged facts might be the basis for the claim that Commissioner Shrives is not a citizen Rice's plea, for Judgment included, .'our. points: (1) That it be found that defendant de-fendant is not entitled to hold commissioner's com-missioner's office, that he be disqualified dis-qualified to accept said office, and that such fine be imposed as provided pro-vided by law. (2) And that plaintiff, Quince Rice, be adjudged tcbe entitled to said office and to rimain in possession pos-session thereof, and ii ousted by the said defendant that "lie "be p"ut again ir possession of the same. (3) For costs of suit. (4) For all proper relief. Mr. Shrives, a pioneer resident of Cache, Valley, was elected Commissioner Com-missioner over incumbent office holder Rice by a margin of 183 votes, 2,237 to 2,054. He is a patentee paten-tee of a homestead in Franklin county, and has previously served as a county commissioner. He hais maintained since firt rumors of the suit were circulated that he is a qualified quali-fied citizen, and on Monday morning he took the oath of office, stating that he was a citizen and a qualified office holder. The case is a civil action instigated insti-gated by Rice and the hearing will be in the courtroom of the county 'courthouse here. Attorneys for Shrives are A.. W. Hart and P. J. Evans, local attorneys. |