Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1870-01-20
ANOTHER QUESTION OF RIGHT.

Among the many d.ar rights-and
they are becoming very dear nova days
which I've the people" exercise at the
present time. the right 10 rus for Office,
aud the right to contest the election if
you think your opponent is not legally
chosen, may be justly considered the
dearest rights of all. The last of these
rights is clearly recognized in the pOliti-
cal history Of this county, and is quit,
freely exercised. Why it is exercised, is
we suppose, because one candidate thinks
lie is elected, and the other beiieves he is
not. Consequently there is a slight diff
ference of individual opinion, and this diff
ference usually brings the matter into
court and The case decided in favor OF one
party or the other. The successful man
gets the Office Sor bis trouble, and the
unsuccessful, as bis share of the glory,
gets a good chance 10 pay the COSTS
We believe this is generally thu result Of
contested elections after they get into the
hai ds Of the le... 'r.1a;;rrritv.
Any caHdida.eA as9n uu!ouJted iigh:
70 contest the election of his opponent
before the proper tribunal if he deems
that election illegal or invalid. And,
moreover, he is not deprived Of that
right though he may have held the Of
fee twelve years, or even three score years
aud ten; and though hi. opponent may
have hatful of certificates of election,
the right is still un4uestiored.
Some months ago p. V. WISE con
tested the election of J. C. BUrroN to
Office of District Attorney. Mr.. WISE
did not have possession of the Office,
did not have even the certificate Of cleo
ton, and stood in the official canvass de
'feaied by eight majority. Still be thoght
his opponents election Illegal, and contcs-
ted it, as he had an undoubted right to
do, and We co not Ioco.lect Of any news
paper man abusing him for the course he
pursued. Tie case went TO the Su-
preme Court and was there decided in
favor of Mr.. BUTToS. The fact that Mr.
WISE contested the election, and the still
further fact that he did not gain his cause,
did not, we believe, lower him in the es-
timstiOn of The citizens of this county,
lie simply exercised a privilege which
every intelligent man comedies 10 the
candidate for Office. We certainly heard
no one accuse him of ''impudence and
ctfrOntcry," or arrogance and anlscity,"
because of the course he pursued.
There is another contested election
case about to be brought before the courts.
The facts arc these. Judge WN. HowEs,
and NJ. P. d. PIERCE ran in opposition
last spring. for the Office Of County Judge.
The result of the official canvass gave
PIERCE three majority AMI he received
a certificate of election. Judge HowEs
deeming the elect len Of Mr.. PIERCE in
valid fled his bond, took the oath Of Office
as prescribed by law.and continues TO dis
charge the duties of County Judge. Mr..
PIERcs has, we understand, made n
formal demand for the books and papers
Of the Office, and has been refused them.
Here the case now rests. What course
Mr.. PIERCE intends to pursue we know
rot, but most likely he Will cause to be
served upon Judge HowEs writ of quo
scarranlo. which procedure will bring
the question directly before the courts.
With this plain statement Of the facts,
ne close this article and await further de
velopments, confident that the right to
contest, conceded in the first case to
Messrs. BuTIoN and WISE, will also be
granted TO Messrs. HowEs and PIERCE,
without any serious eruption or sedition
among" The people" Let US have
peace.