Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1882-01-07
TURNER-CLAGETT.
TURNER R-CLAGETT.
Tho Full Record, rs Filed In tho
Circuit Court, of the Turner vs.
CIagett Quo Warranto Case.
PETITION OF HENRY TURNER FOR
WRIT OF QUO WARRANTo

PETITION OF HENRY TURNER FOR
WRIT OF QUO wARRANTo
AGAINST CLAGETT.
staaE COUNTY W OF HissugEr; EssAysrrp.
The State Of Missouri upon information
OF John S. Blackwell, Prosecuting
Attorney for Lafayette county, Mis-.
souri,, at the relation of Henry Turner,
plaintiff.
against
Thomas B. Clagett, defendant.
In the Circuit Court OF Lafayette
county. State of Missouri, August term.
A. D., 1881.
Now comes John s. Blackwell, prose-
cutting attorney OF Lafayette county, in
the state OF Missouri, prosecuting for the
s,ate, and the said relator, Henry
Turner, and informs the court that the
the United States, and of the state Of
Missouri, and is more than 2l years OF
age, and has been citizen for more than
ten years ,ast past; that he now resides
| and Tor more than ten years last past
has continuously resided IN the city of
Lexington, in Lafayette county, Mis-
souri,; that he has not, Within the last
five years, held any Office of trust or
profit under the government OF the
United States. Said relator states that
he is not now, or has he ever beeu a de-.
f4ulter to said city OF Lexington or to
the state OF Missouri. or to any city or
county thereof, and that be is now. and
iol ten years last past has been legal
voter in the said city of Lexington, and
has been during all OF Said period, and
now is legally eligible to any Office in
the city ol Lexington, Aforesaid.
Said relator further informs the court
that by virtue OF section article III OF
the charter of the city of Lexington, en-.
acted and approved by the General As.
sembly of Missouri, March 8th, 1845. II
is provided among other things, that
the annual election shall be held in said
city on the first Tuesday of June OF each
year, at which election, and biennially
thereafter. a city register, who shall be
eco ficie treasurer oil said city. shall be
elected, who shall hold Office for two
years, and until his successor is elected
and duly qualified, said office OF register
and treasurer is established by the
charter of said city, in pursuance OF such
nance in regard to The elections, passed
May 18, 1871, to enforce said charter
provision, general municipal election
was held in said city On the first Tues
day in June, 1880, to elect officers fol
said city; said election was, in every
respect, conducted as required by law
at said election, Thomas B. Clagett, ,anc
the relalor, Henry Turger, were candi
dates for the Office of register aud e1
0.ficio treasurer OF the city of Lexlng
ton, and were voted for at said election
Tor said Office. Within five days atte
said election, the judges thereof did GER
tily and return their respective poll
books to the register of the city of Lex
ington, as required by said ordinances
concerning elections; and within fiv,
days thereafter, to wit: On the 7th DAY
OF June. 1880, the city council of sait
city, as required by said election ordi
, nance, met to canvass said election re
turns, and declare who were elected. A
, said meeting a committee OF tour mem
bers OF the city council, one from eacl
ward, was appointed to canvass the sait
votes at said meeting, alter thoroagl
canvass of the votes, the said coMmitte,
, reported that Henry Turner had recelv
ed a majority OF one vote over Thoms
; B. Ciagett for city register and er
OfticiO treasurer, and then and Their
2 at said meeting, the city council direct
ed the CITY register to issue certificat,
r of election to SAID Henry Turner, and sail
certificate was issued and deliveredto sal
Turner, notifying Ihiml of his election
to said office; and Oh the 7th day @
June, 1880, said Turner Was duly CON
mlssioned by the Hon. b. I. John
: mayor OF the city OF Lexington, who l
the legally authorized person to issu
l commissions to the city officers. At
, called meeting of the city council OF th
, city of Lexingtrn, provided tor by char
ter and ordinance, held on the 10Th da
Of June, 1880, said Henry Turner pre-
sented to the city council OF the city c
Lexington, his bond as register an
en.oFicio treasurer OF said city. in th
sum OF $4,000. which bond was the
and there seen and approved by sal
council. Said relator states that b
:. virtue OF said election by the people
and his subsequent qualification b
taking the oath and giving the boz
required by law. he is now the legs
register and er oficio treasurer OF th
city OF Lexington, aforesaid, and q
J such Is entitled to all the honors, prof,
ard enoluments appertalning to sue
office; said Henry Turner states tbs
be was, and is, his own successor in th
office of register and ez.oficio treasr
rer, he having beld the office for lh
two years next Immediately precedin
the said election in June, 1880, and ws
in Office at the time of said election i
June. 1880; said relator, Henry Turne
states that, Notwithstanding the TACT tn,
he. said Turner. is the only legal regi
tr and e1-oficto treasurer of tt
said city, the aforesaid Thoms
Il. Clasett. ts, un!awiully usurpes
intruded iuto aud now nt the time ,