Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1881-12-31
THE CITY R-EGIsTERsHIP.

| uudTTct VIII ouyouO oA suAS
has no personal interest IN it. 1t Is not
Mr.. Clagett's organ. 1t will not handy
epithets with its contemporary regarding
the matter. As q newspaper in which
Mr.. Turner 10 personally interested 1t is
quite natural that the Register should
be the advocate of his cause Still, In
doing 60 it might be a little more candid.
From its account Of Judge Strother's
decision in the quo warranto case ono
would suppose that that decision was
entirely in Mr.. Turner'S favor. Let ua
coolly. dispassionately and without
prejudice lock Into this q little. We
e~ndeavored in d last issue to give the
decision OF the court as conclsely and
correctly as we could learn it. The
statement which we made was In the
following words:-
In the Turner vs. Clagett Qss Sarvonto case
tried before the circuit court this week. the de-
cision rendered is to the effect that both parties
claim and admit that Mr.. oIagett IL now in and
holds tho ONCE; the plaintiff says he holds thu
/ EdUe lIGkS1lys II bAos AS Wv
legally, and this is the question the court mus
decide. Claaett claims that he received . ma
jorlty OF the legal votes ct the June election, and
claims that he holds the ONCE by virtue Of both
elections. II, at the June election, he received .
majority OF the legal votes. and if he is now In
the ONCE. no matter how he may have gotten In,
he 10 legally IN possession, for the party who
receives . majority Of the legal votes ID elected
and entitled to the Office, for it is the electio Z
by q majority Of legal votes that gives the ONCE,
and not the certificate which IL merely an evi.
dencs Of election. That though the council
could not try the contest 1t makes no difference
If a. = matter Of fact Clsgstt get possession o.
the ONCE under the special e~lection; and that b.
now has possession il . fact plaintiff admits
otherwise he could not bring this SUIT. ClaSet
being in ONCE il legally in If he can shsw that q
the Juse election he received majority Of lega
votes. This he alleges that he did. and this fac
the court has the power to try and must try
Mr.. Turner'S attorneys excepted to the ruling o.
the court and fled . bill of exceptions. TIT
court expressed the hope that all good eitiseni
would join in permitting Mr.. Clagetr, the Il
lJasio %of1cer. to oil the office without obstruc'
ton, that the city's business might be transact
ed. until tie merits Of the case can be tried q
the April term, when the court stated the cast
could be advanced on the docket 80 that it coule
be fairly and fully tried. The Intsillgenoel
heartily hopes 30 too.
That this is a fair statement of tht
decision subsequent inquiry confirms III
IN saying. It does not, If anything. pul
the matter in the strongest light for Mr.
Clagctt. 1t Is correct. as may be seer
from the interview with Nj. McCaus
land, regarding the courts expressed
hope that Mr.. Clage.t might be per
mItted to discharge the duties OF the
Office uninterruptedly until the case
could be tried OF its merits in April. Il
is hardly to be supposed that vi intended
to convey the idea that Mr.. Turner'S
attorneys had filed a bill of exceptions
to the rulings OF the court which were
in Mr.. Turner'S favor. As we gave
these fully and frankly w do not think
our motives susceptible to misappre.
hension. but to make all perfectly clea1
We will say more explicitly. that Mr..
Turner'S lawyers filed exceptions to the
ruling to the effect that the court coult
In a quo warranto case inquire into the
qualification OF the voters.
What we desire to show is that no OK
ceptlon was taken to the ruling that Mr..
Clagett is de facto city register anG
treasurer. Indeed non could be, q,
Mr.. Turner set this up In his pleadings
as Is stated by the court. This being
the case while he is de facto register he ii
the legal register, and no one else car
usurp his place, appropriate his place
crowd him ont of his place. or occupy II
without his consent. This we take K
be common sense, as we'll as tho law a
stated by Judge Strother several times
Now it is singular that In its article
on the subject our contemporary fails tt
mention the undisputed fact that tn
Judge decided that Mr.. Clagett is d.
lfdcto in Office. While SO he is as mucl
the officer as though his title were I'M.
disputed. The morality or equity OF hi
tenure can only be decided by q trial o
the merits of the case. If he proves
which we believe he IA do, that he re-
ceived a majority OF the legal votes W.
have the highest republican authorit,
for the assertion that he will not only
be legally elected but that he will hole
the Office by 'the voice of God," tn
voice of The majority.
This last decision 10 like all the othe
court decisions in the case, some fou1
or five in number, it is in favor Of Mr.
Clagett's present discharge of the dutie
OF the office without deciding the merit
of the contest. The In%telligencer ha
withheld an expression of opinion as t
whether under the old city charte
which ante.dates the constitution tn
council had a right to try the contest. O
whether under the constitution it shout
, have been tried IN the circuit court, be
cause this is a nice and delicate questio
OF law, az we pointed out when we cite
/ the sections from the two instrument.
Its de!icacy Of equipoise has been NOR
fully made obvious to US since th
learned Judge OF our circuit has decide
it both ways. This he OF course dl
conscientiously in each instance, but th
. fact indicates how much mooted thi
question was. But, admitting that til
|, court is now right. which we must d
' as it Is the more deliberate and be,
considered judgment, we find no excus
for the obstructionary proceedings whic
have gone IN through all these month
> of the mayor. the republican council
j.. men and Mr.. Turner. They have bee
t a law unto themselves. The mayor ha
refused 10 recognize an officer repea
eddy declared by two circuit courts to b
the officer in tact, and has. aided an
abetted by the republican councilmel
prevented that officer from dischargin
. the duties of the Office. This We thin
to have been revolutionary conduc
u%nwarranted by the circumstances
the case, as. If Mr.. Turner was wronge'
the place to seek redress was In Il
courts, and not by q persistent effort
crowd Mr.. Clagett off OF :he council char
Der floor, which action, even 1t success
full, could in no way effect the leg
IL l Il L. -.sI.. ~>-~--