One hundred years ago today, Argenta wasn't a nickname for North Little Rock: It was North Little Rock. And ...
The city, like all of Arkansas, was "bone dry," no liquor allowed (in public) (in theory). And ...
James A. Gerlach, a single man in his early 30s, was Argenta's first city judge. He'd been elected police judge in 1913 and then, when the police court became a municipal court in 1915, re-elected to a four-year term. And ...
His father was City Clerk A.B. Gerlach, and his brother Albert was a lawyer (and later a war hero). Also, as was stated straight out in the Arkansas Gazette, the Gerlachs were enemies of then-Mayor J.P. Faucette.
With all that in mind, here's a story that began to unspool Nov. 7, 1916, in the Gazette:
Argenta Municipal Judge Impeached
"Nine counts, charging violation of state laws and ordinances of the city of Argenta and with having been guilty of gross immorality, drunkenness in office and conduct unbecoming an officer, were preferred against James Gerlach, judge of the Argenta Municipal Court, and signed by all of the nine aldermen present at last night's adjourned meeting of the City Council. Alderman J.I. Lyons was the absent member."
A wee sample of the case:
"That during the latter part of 1915, about the 15th day of November of said year, during the afternoon of said day, the said James Gerlach, while judge of the Municipal Court, was in the city of Little Rock on Second and Spring streets in a very drunken and boisterous condition, and while in that condition was taken to 504 Ferry street of said city and left there by a citizen of Argenta."
Count 2: Gerlach "entered the Gershner saloon on East Washington avenue, Argenta, between the hours of 5 and 6 o'clock in the morning in a very drunken condition, making use of profanity and vulgarity," knocking black patrons about and telling them that he was "the big judge."
Count 3 alleged that he pocketed a $5 fine from a woman charged with disturbing the peace. Count 4 alleged drunkenness at Fourth and Main streets in Argenta, carrying a pistol, inviting three men to have a drink, saying that they were (and here I quote the Gazette) " _ _ , but that he would buy a drink, anyway."
5: Drunk and fighting in the Eagles' Hall. 6: Drunk on the streets, cursing and using vulgarity, and calling one John Bowers Jr. an unmentionable name. 7: In
his shirt sleeves, drunk in the street, boisterous, profane and indecent inside the Cozy Corner saloon-turned confectionery shop, with a pistol in his hip pocket and stating "in a drunken, maudlin condition to the bystanders that 'he was the law,' and telling them what he would 'do' to them when they came 'before him.'"
8: Drunk on the bench on April Fool's Day (and letting everyone off). 9: Claiming the city owed one H.C. Reigler $40, when really the money was payment for helping Gerlach get elected.
The council set a trial date two days away and closed the court in the meantime.
But Gerlach didn't come to trial until Nov. 27. My favorite bits of that event include the testimony of John Bowers Jr., who confirmed that, yes, Gerlach had been drunk and had called him the bad word, but he'd replied with an ultimatum: Apologize by dawn or die. Gerlach then fell asleep and two hours later greeted Bowers cordially, later telephoning him at home to apologize. They became right good friends.
The aldermen voted 7 to 3 to convict Gerlach on only two charges of drunkenness, but that was enough. They barred him from ever holding office again and appointed W. Floyd Terral interim judge.
Over the next few days, the Gazette speculated that Gov. George Washington Hays would name Gerlach's successor and reported that citizens who wanted the job were circulating petitions. But the council made court clerk W.H. Ramsey judge.
Meanwhile, Gerlach asked the Second Division Circuit Court to set aside his impeachment for six reasons, most important being that Argenta had no ordinance specifying drunkenness as grounds for impeachment.
A pretty good defense. Judge Guy Fulk ruled for Gerlach, and by Jan. 15, 1917, he was back on the bench -- with a Bible. Here's the Gazette:
"When Judge Gerlach resumed the bench Saturday, he announced before opening court that the Holy Bible as well as the Arkansas statutes would hereafter be consulted in deciding cases and that court each morning would be opened with the Lord's prayer."
And he demanded $350 back pay.
The council retaliated by appealing Fulk's ruling to the state Supreme Court and passing an ordinance redefining Gerlach's duties. He would have to open court at 8 a.m., not 9. He could no longer suspend sentences or cancel fines.
MEDICINAL PURPOSES
Appeals take time, and meanwhile, Gerlach cheerfully refused to punish citizens charged with buying liquor through the mail.
On Feb. 27, 1917, the Gazette reported that police stood by and watched as four citizens retrieved a gallon apiece from the Wells Fargo Express office, because the liquor was labeled "for medicinal purposes only."
"They say that to arrest persons receiving alcohol would be useless because of the recent ruling of Municipal Judge Gerlach that it is not a violation of the 'bone dry' law to receive alcohol in any quantities for 'medicinal or mechanical purposes.' ... To convict persons charged with having alcohol in their possession, it would be necessary for the state to prove that the liquor was not to be used for the purpose that the label indicated, Judge Gerlach ruled."
TUG-OF-WAR
In March 1917, the council brought fresh charges against Gerlach, and this time they had an ordinance defining impeachable offenses.
Impeached! Ousted!
They made Ramsey judge again, but Gerlach quickly took his case to Circuit Court, saying he'd been prevented from hearing part of the evidence against him. By June he was back on the bench.
Finally, on Jan. 21, 1918, the state Supreme Court ruled on the council's original appeal -- against Gerlach.
His automatic replacement, Ramsey (who by the way had a huge long beard) agreed to wait until Gerlach received the ruling in writing before taking over.
On Feb. 13, Gerlach announced that he would "finally quit" ... when he received a copy of that ruling.
But then the municipal court's docket book vanished, overnight. Gerlach accused Ramsey and had him arrested for theft of public records.
Ramsey immediately bailed himself out of jail.
On Feb. 14, 1918, Judges Ramsey and Gerlach both showed up early to open court. What happened next is a bit amazing, as we'll see ....
Next Week: Three Judges Now Claim the Bench
ActiveStyle on 11/28/2016