Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1880-12-25
The City Registership.

The case of Simmons VS.. John was a writ of
mandamus to compelJoh ohm to sign a city warrant
signed by Clagett as register. and was brought
to determine who is register de factO. The cir
cult court was three days in hearing the case,
giving 1t special care and consideration hearing
elaborate testimony ss to matters OF fact. and On
last Saturday entered the following jucgm ent.
II was understood between Messrs. McCausland,
Adamson and John that the fnding of the court
would be obeycd, but from the proceedings at
the council hall. Friday night, it seems that the
judgment of the court ia not much respected.
An appeal was taken to the supreme court.
This is the Judgment
The State Of Missouri at the relation Of George
Simmons VS.. b. L. John:
Whereas, it appears to the satisfaction OF the
court on final hearing in the above cause tina
office Of register and ex-oflclO treasurer of the
city Of Lexington before the city council, that
the said council finally determined said contest
by declaring that at the election held June LIST.
1850. there was Il tie vote for SAID office, and no
person was elected TO SAID Office; that the coun-
Gil ordered g new election to be held to fill said
oi1ce, to be held on The 18th day Of October,
1889. and that the mayor give proclamati.n
thereof; and whereas it appears to the court that
said proclamation was made, and said election
was held, that on a canvass of the return Of the
Judges of SAID election, the council declared
that Thomas Is Clagett was elected to said Of
ice; and that the council ordered a commissIon
~ 'SS'S' " fA'N 40 va dUt NS-OluClO lTeAR-
urer for a term ending June. 1882; and whereas
1t appears to the court that said commission was
issued and the said Thomas Il. CIagett qualified
as regiater and treasurer. gave bond and entered
upon the discharge OF his duties as such register
and eA-oiirlo treasurer OF the city of LeXing-
ton, and was then. has been since. and is now
recognized as such register and treasurer By the
city council, and is in the possession OF said Of
nee, whereby the SAID Clagett became and i.
now the de Jdct0 register and treasurer of ssid
Guy, ana as such is entitled to discharge nil tho
duties OF SAID Office, and have his acts us such
fcerS including the mayor anil by Mi Other a
sons until his said commission is SET aside Inv
the proper court on proper proceedings: and
whereas IL further appears that the said city Is
indebted TO the said George Simmons in the sum
oi Blk collars; that the game has been presented
correct. anu has also been allowed by the city
council, and "A warrant ordered to issue there
Tor on the treasurer; and whereas il further an
bears to the court that Thomas b. Clagett hay
ing received said account from the council for
the purposes OIL drawing and countersigning Il
warrant theretor, that he has drawn and coun-
.tersiSneu Il warrant for the same, but that Ben
!amln L. John, the mayor OF said city refuses to
slgn the same, and thu said BENJAMIN 7. John,
respondent herein, having failed to show any
2oou reason why he should not sign said war
rant IN favor of said George Simmons, and hav-
ing furthermore Jailed to show any good cause
why the alternative writ of mandamus issued
herein should not be made psreInptory; it is
ordered and a~djudged by the court that said al
tarnatlVe writ OF mantuihus be mad" pereInpto-
ry, ana that the respondent be, and he is here
oy ordered and required to iMmediatly sign the
with the same countersiGned by Thomas h.
Clagett register of said city, and that ~rela.eT,
George Simmons, recover of the respondent,
benjamin L John, his costs herein expended.