Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1882-01-07

>URI, SATURDA1 )
whera, aud many OF whom voted uu-
der fictitious names. the partial list |
Of whom, with the objections to each |
Is hereinafter set forth. Respondent |
SAYS that within tw enty days alter the |
canvass of said returns, and III fact |
on the 18th day OF June, 1880, he
writing, notifying him tina, he would |
lster and er-s6fci0 treasurer of the |
council of said city, aud would file
his notice of said contest al the next
meeting of the council. which notice
was iii addition to and repetition of
a notice previously s,rved on the
said Henry Turner, both Of which
notices particularly act forth the
names of the Illegal voters to whom
objection was made, and tie grounds
of objection to each, that in pur-
suance of said notice respondent COM
menced such contest before the city
at the same time and place, aud in
tice, the reiator HEMsY Turner, in
fore the said city cDu ncil and filed and
argued motion to dismiss said COLI
test for the reason that said council
had no jurisdiction over the subject
matter under the city charter, W bich
| motion VI hv tha cOnuril 0varrnIah
and the council decided that it could
Gas iii fact. it had the power under
article III, section 8 of its charter) try
said contest, which section declares
whenever the election Of any officer
is contested tho council shall deter
mine the same by majority vote Of
the members present. that the council
proceeded to try said contest. Re-
spondent states that relatOr neglected
aud refused to have aud produce be-
fore the council the ballot-boxes,
which were in his possession; that
though respondent was able to prove
that all votes alleged by him in said
contest were illegal with few excep-
tions, and though in fact all of said
votes weie cast and counted tor rela-
tor, yet respondent was not able to
prove that fact without the said bal
lot-boxes and ballots, az the said
council on the said trial refused to
take any secondary evidence OF how
said votes were cast, unless it was the
evidence of the party voting, as to
how he voted, which in the nature Of
things it was impossible to produce;
inat relator absolutely refused to
produce said ballots, and on the other
hand hid aud secreted the same when
sent for; that the mayor of the city
being the presiding officer of the
council, and having been elected by
the same fraudulent votes cast for re-
lator, refused to take any steps to
force the production of SAID ballots
that by the fraudulent and illegal
conduct OF said relator above re.
spondent was prevented from prov
ing before the council iu said contest,
that he was elected by large ma.
ljnrity that respondent was by this
means, aud the act of relator, pre-.
F vented from showing his election
;. that on the trial of said contest from
the evidence before the council, and
after respondent had offered evidence
, clearly proving. number OF illesa
, votes the challenges to whom he had
> ia afterwards withdraw, owing to the
, / refusal of relator to produce the bal
lots as aforesid, it, the council, de
, ciared tie vote for said Office tha,
no one had received a majority of tht
, legal votes cast at the election on tn.
: fest Tuesday in June, 1880, for tn,
, Office OF register and er o1scio treas
urer, and the council thereupon de
clared vacancy in said office, anC
;. ordered a special election to fill tn,
9 same. to be held OH the 9th day o
). October, 1880, as they had the powe
10 do by sectious 6 and 9, article III
+ of the city charter, and directed th
a mayor to give proclamation aud no
'ice of said election. Responder
!. says the mayor gave said notice q
;. said election as ordered; that the cleo
= tion WAS held ou the 5th day of Octe
:, ber. A. D. 1880, in pursuance thereof
= that at the SAID election Thomas B
# Clege.t received majority Of tn
>. legal votes cast; that on the 11th da
of October, 1880, the council met an
3 appointed a committee to canvass tn
, returns Of tho judges that said com
q mii;ee reported that Thomas B. CIsa
:. EFT had received a majority of til
!. votes cast. and was duly elected
# that thereupon the council declare
Il him elected and ordered commissio
a to be issued to him Immediately a
+. such register aud e1 o6fcio treasure
). of said city of Lexington; that sal
. commission was issued; that there
r. upon the said Clagett qualified b
i. taking the oath of effice. giving bon
i. iii the sum of $40, 900, which was ar
n proved, and being recognized by th
.,. council, he entered upon the dis
a charge Of his duties as register, an
+. is now thelegal register aud er oNc,
treasurer Of said city whereupon IT
A. spoHdent says that at. the electio
:. held on the first Tuesday IN Jun,
! 1880, as alleged by relator as well q
!. on the 9TH day of October, 1880,
-. was legally and lawfully elec
= ed to said Office, and 9
= both of said elections be receive
=. majority Of the votes cast there's
=, aud thereby, by virtue OF both of sal
, elections he became and is now th
- legal register aud er.o67cio treasure
:. OF said city; and that the certiticat
;: and commission set out by relatOr q
n issued to him, aud the prin.a fac
- title, the same gave to him to sal
:. office up to the time said contest wa
:, decided. was during that time nu
j" and void aud of no effect, for the reaso
- tina! at the said election set out in til
- ipiormation, relator did not. recei,
-. ~ a majority of the legal votes cast.
d 3. Respondent says that .relator hs
ID violated and broken the above prt
r vision of said charter, and has bee
ID and is now, and was at the date
n said election defaulter to the sal
re city, i'll this; that in June, 1876, on
N Joseph 3. Terry became the succe
-, sor IN the office Of city register an
l. er-oDicio treasurer of relator Turne
- tuaL though ordered aud required h
,e tho city council and the city ord
ID nanccs and charter of the said city, I
+. settle and to turn over to the Sal
~ Joseph B. Terry all books, papers, r,
ID cords, city seal ana other properi
of belonging to the SAID city of Lexin.
ri 'en; the said Henry Turner faile
"a sud neglected, aud refused 10 30 Sc
ID tie o: To turn over TO said Terry al
" no 'Ss. papers, seal, records and othe
= prn perry i'll his hands as register al
- &c oG7cio treasurer, whereby he b.
rs crme defaulter TO said city aud il
i. eligible to said Office, or any other O
,d flee under said city at the city ele
,u ton i'll June, 1880; that said defalc
er ilon is a matter of public record
rc shown by tue proceedings and recore
d. OF the city council. and public n