Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1851-01-31

DECISION OF JUDGE STODDARD.
AT CHAMBERS, January 22d. 1881

CHAUNcEV KELLOGG, Relator, Chatfeld, Atty.
VS..
CHARLES CLEMENT, Respondent, Lowell, Atty.
| On the 18th day of January instant the relator
| filed his complaint Against the respondent under
the provisions of Chapter 1913 of he Rev. Stat
of Wisconsin, for the purpose OF compelling the
delivery 10 him of the books ard papers apper.
tanning 20 the Office Of Treasurer OF the county
of Kenosha, and obtained an order that the re-
spOndent show cause why he should not deliver
such books and papers to the relator
On the coming in OF the respondents answer
! the matter was hea- d upon the evidence introdu-
ced by the parties. The facts and points nvol-
we'd will fully appear BY the opinion Of the Judge
as follows:
1.-The relator to support his claim to the Office
of Treasurer of said county produced his certifi-
cate of election which is as follows:
/, Thomas J. Rand, Clerk of the Board Of Su-
pervisors of kenosha County, do heraby certify
that Chauncey Kellogg, by the greatest number
of votes given at the general election of county
officers, held in the several towns and wards Of
the said county of kenosha, on Tuesday next
succeeding the first Monday in November in the
year a. d., 1850, being the fifth day of Novem-
Der, III said year, was there duly elected Treasu-
rer. Given under my hand and seal, this 18th
"
Board of Supervisors of kcnosha county"
The relator also produced the certific Re of the
said Clerk of the Board Of Supervisors of said
county, which is as follows:
Al hereby certify that on the sixth day of ia.
nuarv, 1851, Channcey Kellogg filed his oath OF
Office and his bonds for the faithful performance
of his duties as Treasurer Of Kenosha county,
in my office, and that the bond was approved by
the Board of Supervisors of said county, then in
session, at the Court Honse in the city of Keno
! sha Given under MY hand and seal, this eighth
| day of January, A D. 1851. T. J. Rand, Clerk
| of the Board of Supervisors Of Kenosha county"
! The Clerk Of the said Board of Supervisors
was next called as witness for the relator, and
testified that he gave to the rea,or the usual GER
tifcae Of the Board of Canyassers OF his election
some time after the election, and rs he believed
! in the month Of December, but could not say
how long after his election, and that he could not
state within a week or two of what time it was
delivered.
The relator proved further, that on the 2Sth
day of December, 1850, he presented to the chair
man of clerk OF the board of supervisors his Off
ciaI bond for approval, which they did not then
approve, assigning as reason that the board OF
supervisors would meet in time on the 9th Jan.
then next, whereupon the rela.or retained the
bond until the said 9th Jan. when it was present
he then took his oath of Office also appears from
above certificate Here the relator rests his proofs.
1t was then admitted by the parties that the
certificate of the board of county canvassers,
which the clerk of the beard of supervisors de-
livered to the relator notice OF his election was
as follows;
The bo1rd of cornty canvassers for the conn
ty of Kenosha having canvassed and estimated
the votes given in the several towns and wards
comprising the county of kenosha, at the gene
raj election held in and for said county, on the
Tuesday next succeeding the first Monday in
November, in the year Of our Lord eighteen
hundred and fifty, do declare and certify that
Chauncey Kellogg, by the greatest number OF
votes given at such election, is duly elected Trea'
surer of the county OF kenosha.
"Given under our hands at the city of Keno
sha that 18th day of November A. D., 1850.
#. J. RAND,
: H. TUTTLE,
JSo. l.. V. YATES.
Board of County Canvassers for the County
of kenosha.'
/, was then proved that George NJ. Robinson
was duly elected Treasurer of the county OF
kenosha a, the April election, 1850, and tina;
on the 9th day of May, 1850, he rendered TO the
board Of supervisors of the said county OF he
nosha his resignation of said Office in writing, as
follows
The Board If Supervisors of kenoshG Co:
: "GENTs-Circumstances rendering it incon-
venient for me to perform. the duties of Treasu'
: rer Of henosha cou~ty, therefore respectful J
: resign the Office of Treasurer.
Respectfully yours,
. GEO. NJ. ROBINSON"
Kenosha, May 8, 1850.
1t next appeared from the records OF the board
of supervisors Of said county, and by the proofs
taken. that the respondent was appointed by such
! bosrd Treasurer of the said county of kenosha,
on the 7th day of April, 1850, and that ne flied
his bond and oath of office on the same day
which bond was approved by such board, and
that he has acted as such Treasurer since then
1t further appeared tina, the said board OF su
ooryisors met on the 18th day Of November nex
after the election, and continued in session un
Ill the 10th.
!, The clerk of the board OF supervisors ther
testified tina, he had no knowledge that the sher
iff Of Kenosha county made the order required
by the l4th section OF chapter 9th OF the Rev.
scd Statutes, for the November election, 1850
That he never saw or countersigned any such
order. Upon this state of facts the reaior claims
that ne is entitled TO tne office of Treasurer to'
) a regular term of two years, commencing Janu'
airy l>t, A. D. 1851, and if not, then that he Is
entitled TO take the place of the respondent in nj
ling the vacancy cccasoned BY the resignation o.