Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1880-10-16
THE CONTEST CASE.

umn that body has, at last, after sur
mounting the many impediments throw
in the way, succeeded in doing justice
to Mr.. Clagett, who was elected BY
legal votes to be city register and treas
urer in June last, and who was agail
elected on the fifth day OF this month.
The history OF the case is familiar I,
our readers. From the face of the re
turns 1t appeared that Mr.. Turner wa
elected at the election in June by on
vote. The council thereupon commission
ed him. 1t was subsequently, shown
that one vote too many had been cas-
for that office in one of the wards. Mr.
Turner virtually admitted before the
council that that vote had been counted
for him. 1t became notorious that
number, certainly twenty or thirty
very probably as many as fifty or sixty
illegal votes had been cast for Turner,
Some of the illegal voters ran away,
others were arrested and prosecuted by
the state. Mr.. Clagett, according to
law, began a contest to take from MIR.
Turner the certificate OF election wrong,
fully given to him by the council. Mr..
Turner sought at the hands OF the cir
cult court an INDUCTION restraining the
council from trying the case, claiming
that hat body had no right to do so.
The court denied the application for in
juction. The council then proceeded to
hear evidence Il the cause. 1t ordered
Mr.. Turner to produce the ballots OF
the election which were in his posses
sion, IN order that it might ascertain
for whom the illegal voters had deposit
ted their ballots. Most OF them were
negroes and republicans. and 1t is well
understood that they voted for Mr.. Tur-
ner. He, fearing a trial of the equities
of the election between him and his op-
ponent, set up his personal belief that
the council had no legal right to try the
contest, though the court had refused
the INDUCTION, and though a number of
contests had previously been tried by
the council under its present charter,
and he refused to produce the ballots,
and set the council and its orders and
It's officers at defiance. When ever the
case came up in the council he
lett the room, taking all the
papers with him, thereby leaving the
body without the services of a register,
for it vas proper for him to act, having
previously held the Office. until his Sue
cessor should be duly qualified. At the
last meeting of the council he came
without the books, and read the pre-
tended records from slips of paper, not
the records of the city, because he desir-
ed to keep the records of the city out of
The hands of its legislative body. if that
body decided that he was not entitled
longer to act as its officer.
MIR. Turner's refusal to produce the
made it difficult to establish for
whom illegal votes had been cast.
Some OF the councllmep, while thinking
the contest should be tried by the
demanded the ballot or the
own testimony as to how he had
Over twenty voters were proven
% have voted illegally. If the ballots
could have been produced it would have
been shown that every one OF them had
for Mr.. Turner. AS it was, three
of those VINO were shown to
voted illegally we're proven to
voted for Mr.. Turner-Monroe
Johnson, Match Brown and John Dixon
only the former. however, by his own
So conscientious was the
council in the matter that though there
be no doubt about the votes OF
either Brown or Dixon. they refused to
leduct them from Mr.. Turner's vote,
md finally, with the full conviction in
he mind OF every councilman present
hat Mr.. Clagett had received a major
ty of the legal votes cast, only the one
'ote, positively proven, out of the vo-
er's own mouth, was deducted. and a
lie declared, so that either person ag-
Oh both, might appeal to the
voice at the ballot box.
A new election was ordered October
j; MI. Turner declined to be a candi-
late. and Mr.. Clagett was elected by a
vote. Now. If we are to be-
ieve his organ, he refuses to recognize
he action of the council. setting himself
Up as a judge of the law, refuses to turn
the money, books and papers Of
he city to his successor, in obedience to
he order of the council, and proposes
o set at naught every equity and right
n the case, and. appealing to technicali-
les OF law, bring suit against the city
or a salary and commissions which he
will not earn, and probably seek DANA
yes as well. This, very likely, out OF
friendship to the good people. 1t
s well, that in his remedy, while defy
ng law himself, he lnvokes the law
'ather than some personal attempt at
reprisal, with crowbar and Ratchet,
Upon the property OF the city, which. it
would seem, could be no worse than TO
hold in his possession other
property of the corporation when order
to produce it by the council.
This body consists of eight members
-Messrs. Adamson, Davis, Dicken,
Hamlet, McCausland, Schawe, Will
lams and Weibel. OF these, Messrs.
McCausland, Hamlet and Will
liams are democrats; Mr.. Dicken is q
greenbacker, representing a republican
ward and Messrs. Adamson, Schawe and
Weibel are republicans. In all the pro-
,eedings ordering a new election, and
MIR. Clagett in pursuance to its
it will be observed that the vote
stood. ayes-Davis, Dicken. HAMLET,
McCausland, Schawe, Williams; nays
Adamson and Weibel-6 to mir.
objection being to the legal
ity of the trial by the council, as in the
cases OF Dixon, Brown and johnson he
voted to exclude them from the count,
and stated, subsequently, at the last