Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1849-02-09
To the Citizens Of Racine county

The undersigned having nj the recent election,
by decisive vote been chosen Judge of Probate
Tor your couhty-lor which manifestation of your
ronfdence he now returns his grateful thanks-and
having received certificate OF his election from
the proper officer and duly qualified did, on the
lrst day Of January last, as he was bound to do,
call upon Nolney French, late Judge of Probate
iort the books, papers, &c. belonging 10 the office
and was informed by said French, that in his opin-
ion the late election was illegal and that he should
not deliver TO the undersigned the documents of the
ofice-but proiessed a willingness TO be governed
by the opinion of the Supreme Court. To that
tribunal the Undersigned Immediately presented his
petition, and prayed that writ Of mandamus be
directed TO said French. After fair and impartial
hearing Of the COUNSEL of said Frehch, the Supreme
Court granted said writ commanding said French
10 deliver to the undersigned Immediately all the
books, records papers, property, &c, belonging to
said office. That writ has been duly served upon
said French, and he has refused TO obey it,
Believing, as does the undersigned, that no CON
sruction of constitutional law has a higher sancti-
" than that given by the unanimous expression of
the people through their acts he himself could
never entertain doubt as TO the legality Of said
election, nor in his attendance at the Supreme
Court, while the Legislature was in session, did he
ever hear a lawyer, or member OF the Legislature
express contrary opinion Excepting in all
Eases the counsel for French.) Unwilling, howev-
er by any act Of his To place the rights of those
having recourse TO the Probate court in danger, or
10 involve the county in expense, the undersigned
has absalned from executing the duties of his
office until at considerable trouble and expense he
has obtained the opinion of highest judicial
tribunal. That court has now confirmed his opin.
ions and those OF ritety>nine hundeths of the peo-
Pile of the State.
The undersigned would further state, that in no
other part Of the State was the same question rails
t that every other officer has quietly yielded the
possession OF his Office to his successor, and that
TIE PRESENTS the first instance in the history of the
state, Territory, of an old officer endca,orng to
hed over aitci having been displaced by the vote
az thr people, and thwart the wishes of the mass by
ie'tI>ing 10 deliver Public Records TO the individual
fairly chosen TO receive them.
These statements are made in reply to the en-
fuirles OF many who in common with every citi-
sen, have deep interest in the administration OF
the Office, and who believe that nothing short Of
manifest ratd in the successful candidate, or fla
grant violation of constitutional law should dc.eat
the fair and honest expression Of the people
The undersigned is now prepared TO enter upon
hrd.scharse Of the duties Of his Office, and he re-
grcs that those who have business in progress will
l." orcasiDned some inconvenience by the detention
ol their papers. lie will, however use every eff
lortio maintain their rights and those of his own
JOSIAH BOND.
Frt q 1910