, 1876-07-26
GLEESON,
Ills Petition for Writ Of Ono warranto
Granted.

Juu9e KoBcrs delivered his opinion In tho mat
ter Of James Glcesun, who asked for leave 10
Hlc an Information In tho nature Of quo war
ranto to compel Watts s. Carycr, the present
Town Clerk Of South Chicago, to show why he
occupies That otllce. This decision was as fol-
lows:
snbstanfsJ .hat !sleesen va efesttd Clerk Of the
Town aS"t Fl so1t chaEo n Ap, la5 aea a:
officers IN tho Town Of soutl, Chicago. which eiec
@ eas s e sssn essa csK 5
the oath Of Office, aud thai it ntcd in The oflce
q e. thc Town Clerk as required by iaw, BY: thai
election had hccn conducted aa L shonld properly
have been, and shat great frauds had been com.
electlon, tie manipulation Of the ballot., ETC..
that {! wAs claimed That, In fact, 1t amounted to no
s'tssai''n' .tsa a1a TINT yocaney thereby e..
County ju.tec. q the Peace, ,aRs,Ser VIII III
the sapory!sef and tlse Townn Clerk. unier
ies SY Ct es o
0ecnred at oil, and thut such vacancy existed as
that statute contemplated, auong them appointing
petlon as Clerk, who II Is averrct took tic oAtn
% ONCE and entered upon tho discharge of duty,
dssas q s :? ues s oss so
petition ehasgco that this Is q usurpaton Of tho
office, and that tho petitioner hn1ssf IL cnt!tedto
1t~ HAJh tnut LUG NVuFL klfg min leave 10 utE
IN Information in thu nnturs OF quo .7asrnnto to
inquire bY what right Carver assumes to hold that
This proceeding is under the statute which pre-.
scrtbes that nn individual relatos inay presentthe
petition for such eaye, md lf tbs couft is satIs-
s e coai asss ssy = e, s s tSs D
formation 10 be died and process to Issue. whotlor
tae leave xhonla bo granted to Ole such iniorma::
discretion Of the Court. Hence practice has long
obta!ncd u Permit asdayita 70 bc dled BY the re-
roovIag to usual pfactee, % AZ sacG aapsts sas tavo
been fled by both purtea md Il is Insistcd by pe
upon s part aho such frauds in Tho conddct Of lie
eanyaas Of thc votes, that thu election shonId b
aSer r @ o oWn and Il at s'fh the s'J Japsees
e ae ss fSs' nss o sa es ce4 ssh sss &c. @
Of Article x, Of the Township Organization act,
wcro authorized to a!l the vacaacy by appointment,
done In ills case. Tiat tso snassts ed b. by ho h
respondent tend very s:tongly 10 show frauds Of
1g Ss - sea, ss sa
aon, tho relator. wis guilty Of such fratls that
the Court would b tustiaed, upon tais rrelinnnEy
waAso guilty. especially as tho aidavta upon tho
part OF the relator eonIorert material state.ncntn
contained In the afdayIts lied By respondent, and
against relator anu thoso who claim to havo been
elected with .!nl to other town otlccs. As.
s led. sittl tao Court could not, on ev': Pc.
siton mcrely for leave 10 Alc nn Information,
and upon attlavts taken cx.parto. declare TINT the
election was nall!ty.-that there VAS. IN fact, no
election nt al. Thu inesc statement that thd pcti
oa sn acv. R,sssp sotogss
tho % proccedus, proc Which makes il the tiuty of the
cs1tt rnder !he ss.trte .'to GFan! The c.i.!on
ton Of fact tho frands and hrIr gntude and
tho question Of law rs to their effect upon tho CHG
t!on. arc certainly controvotted, and arc clearly
1ustse. tF and sapsrs.,or III the siida1iis o: on
so @ npon nsn itsef to decide doubtful eaattsr q aes
upon adldavits." In l,ox w. Mices q, T. 4. .GUB)
Lord ksn5on K sa1d It L. StSjsst thns
80, 30 II shas hss never been heId . le A.
eoss efnn.l + m ?possean q I'LL 1esn:
mi lsw: .he eoatt will nst usually ass!ds e 4
thu coarse IL to make tho falo absolute in oFde
that the question n'ny be ra.sed upon tho plead.
s sa f. ansX Il tss nSsss: s's J. Ss.
fsS's respis aesa < lel M a*an* cs!lssaa.
taine1 i .utlo5lty precedent that 1t eannot at
Hpt il il eSntenlea that the relatos
pscsonns shc pe.iilon that THO Court II is d,.cre:
lion should not ALLOW II; that his motives ore not
asfssts u aud
cratye Office; aud that The oI!cc Of Town Clotk Ia
70 poor In gnlolnments thas II Is not worthy Of .
about three months during which time tho case ot
Eyanu W. Callaghan sses being considered. and
5sstos
tha hoar!nsSi tho appl!caton In taate1sc, uPYn b,