Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1881-05-07
Vs.
James II. Crowasr, Marshal and sx-
oficio Collector of the city of Lex /
f0n- ~raannniank 1

Now, At this day cone the parties Aforesaid. by
their attorneys, and the said respondent files
mus issued herein and the rsIator files motion to
strike out part Of respondents return to said
writ; rslator also files answer to balance of re-
relator withdrsHs the motion fled by him in this
cause to strike cut part Of respendent,s return
70 me alternate writ 81 mandamns. and the above
ssa' proof. and Ii: &c Court IT h Sefsk on Ha,! !9s .d i,.s:ao 81
3. Clagstt, on the 18th day OF Jane, 1850. CON.
msneed a contest Of the office of register and sx-
oaeis treasurer Of the city OF Lexington; that
thsrity, so to do, under Its charter, proceeded to
try and determine the same, that As q result Of
o orS.s contest : the council ,Go d. declared a 2 g vacancy, and
Proclamation Of said election was given; ana
the same was held in pursuance thereof, on the
Sth day Of October. 1880. then on tho 18th day Of
October, 1850, the council met and declared
Thomas B. Clagett elested TO said office, and
ordered . commission to issue to him immedl-
and the said Clagstt gave bond. duly qualified.
IS snoh register and ex-eficis treasurer, was
, Inc ian ana Il EoM rscoTnia:d - such register y
duties OF register. whereby he became. and is
now in fact. the legal city register and OK .ofieio
To- ta dsmanS 2, . sa3a r Guy :. ft soa and entitled
all moneys coming int his hands ~ collector
aad 6slongIne to tho city Of Lexington. And
and sufficient cause why the alternative writ Of
mandamus shoald not be made psrsmptory. the
cou5t ootn ORDER ana adludEe that the same be
snd he il hereby ordered and required to imne-
diateiy pay ever to Thomas b. Clsgett all
longing 70 said city, to wit: $5, 900, and ali
other Money remaining In his hands az CITY COL
ieetor. and that relator recover OF respondent
thereof execution. 1870
In the judgment in the case of Simmons VI.
John. Judge Wood decided that Mr.. Claxstt els
now the &c Jdcfo register and treasurer OF said
city, and az such is entitled to discharge all the
duties OF said enice.'' This was all that wss in
controversy at the time, and all that the court
was called on to settle. Its judgment was plain
and unmistskable, but 1t went unhesdsd nv
Mayor John. who has by obstructive measures
prevented 0bsdisnce of the judgment, and trans
action Of the city's business. .
Judge strsthsr went further than judge Wood.
In his judgment he declared that ''ths court.
being FULLY advised of and concerning the
premises. finds that Thomas b. Claxstt, on the
18th day efJune. 1850. commenced a coutsat n
the Office Of register and ex-onaclo trsasursr
of the city Of Lexington. that the citv council.
0ssno /Hiy in>esi'd niM the authority 30 to
asi whereby he bscusse asS IL
nor ." facf the legal city reoisker and ex-
e07cio hreasxrer Of said city Of Le1lngton."
suAmed up these TIVE decisions determine,
" tnst Mr.. ClaEstt was and is de facio register
and treasurer; () that the council had a legal
right to try the contested election. and ~ s,yo,
that Clagett. was, and is. a. Judge strother
plainly expresses it. the illegal city register"
In view OF these facts. the result of the contest
the recognition BY the council of Mr.. Clag.tt a.
register. the decision by Judge Wood, the fur
'nsr decision ~ Judge strothsr, and the final
refusal OF the supreme court to entertain
Mr.. Turner's case As improperly brought. re-
lnanding the whole matter to the circuit court.
1t is about time for Mayor John to max. a virtue
OF necessity to gracefully yield to the ~inevits-
BILE, to cause Mr.. Turner to turn over thu book.
to Mr.. Clagstt. and to permit She business of the
city to be transacted dscently and in order.