Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1890-12-19
A CASE OF COUNTING OUT.
The First District Election Fraud
Comes Before the Supreme
Court.
Col. Villas Appears on Behalf of Fetzer.
The Victim of Republican
CrOOkedneSs.
Opinions in Various Cases are Rem
dered-The Formal Record of
Decisions.

Decisions.
MADISON Dec. Is.
! Upon the opening of the session of
| the supreme court, Tuesday morn
ing, the 10th inst, the mandamus
proceeding in the Fetzer -Scofeld contested
election case-.aid case having been al
ready elaborated upon in the DRMoCRAT-
was taken up.
CoI. VIM. f. Villas, of Madison, and D..
5. Rose, of Milwaukee, appeared for the
relator, Fetzar and W. IL. Webster. of
Oeonto, 70, respondent, Seofed.
a motion was made by the respondent to
quash the alternative writ, which sum
mons the board of cauyass4r of the first
senxtoriel district to sh0s cause whv a
certificate Of election should not be issued
to John Fetzer, instead of to Edward
Scofeld, Upon the ground that the
law which confer. exclusive juris ijcti on
upon the supreme court to elter5ain pro
ceeoings of this character is in conflict
WIN 'naO provision OF the state constltu-
,,'l ''iIi l'i'AV, ''i7 &c 5,',t.ur7 Jug OF
the election and qlaliGc ttions Of its
uieIloerS'
lue "rsun'n's were mtae ami the
question submitted.
Il Ire lno'loh 70 quaSh Is denied the re-
SPon"eilV' may make return TO the alter
ha1lNe VIII; ana II an issue or TACT is
tDereOy raised the same Will probably
oe ceIIlueo 10 Iae circuit court OF
MarlheCte county 10 De tried by jury. II
the jury nnds fraud as alleged by the re-
Iator' Fe'z7r' the matter Will come back to
the supreme court when a mandatory writ
VIII be issued on the board OF canvasSerS
Tor the issuance OF cert!hcdte OF election
to Fetzer.
The nature of the above case Is as fol
lows: AT a general election held in the
first senatorial district comprising the
counties OF Door' MArnette and O1onto,
retzer ldem.) claims ne was duly and
legally elected, that he received ma
Jorlty of Al votes in excess of the votes
cast for his opponent, Edward ScoReld, as
appears by the retlrns of all the precincts
IN the sad three Counties and as appears
oy the canvass made by the county canvass
ers OF each OF the SAID three counties of
the votes cast tor sald office in their re-
spectlYe counties, GaSed upon the precinct
returns aforesaid
o'heF '"'e''
There ls some interest in " hat is known
as the lard case. James M. Ball, of
Ohlcago' sueo mcUeogh, hVerlngham u
20. 10 recover 924'59o and interest for
seven years. ne uefenoant', besides de
hslhs 'he oeot' alleged that II they dld
owe the money 1t was a clam growing out
ol gdihoIlhg transaction ana therefore
nu'' ne p,7in'ln ooi"lileu ieaFe IN Ille
circuit court Ior milwaukee county 10
amend MS comPlalhC' ana from TINS action
the defendants appealed, indicating hight
men by lnch. Inc decision was affirmed.
Inc case OF Melville Nichols OF Chicago
~,
go 90
claims s19, ,S4l.co ana Jhe defendantS
plead gambling operation to avoid pay
mont In his danosition Nichols did mot
,,,.od,,oo hi, bool-s oo,-or;,,,, HI, ,,o.;od &c
r
the holie1CIloI' "nu '''CHeoCh asheu the
court for an order compelling him to show
causa whv he was not guilt, Of contan,n+
IF oo,,r+ j., NOT da;nc- co Tho oo,,,t 70
- IL
Iuseu IhlS ofueF anu Ch3 ueieildahlS ap-
pealed. Judgment was reversed.
a r .:
'l-'i E'''' - ~ ~
insurance companies Is thaC or James n.
True. of BAYFIELD,, who had policy for
se oOO IN +ba RorL or,s T;fo o,soo;o+;o,, Of
,.:-I- lII
hIiLile'oId' ana hau pA'u premiums dgSre'
eating S32f. An assessment OF Slo was
made against him. but he neglected to paw
itunt;l q fazx dave affar i u,e dino Tho
o''.l P'ii' '''e.i ~ ,'lC mum
and apply Il on MS account until ne pro-
duced a phvsician. Reversed and iudg-
mont ordarad for 5000
The following Is formal statement OF
opinions rendered:
BY COLB, c. J.
Shearcr VS. Davis & Starr Lumber Co Judg-
ment affirmed
EschwefIer vs.. StoweU at al Order affirmed.
Davies VS.. Stowell ct al. Same.
Nichols V. ncGeocb ct al. Order reversed and
raInsnded for further nroceedings in accordance
with opiuiou
TGrest Western Te1eor.pb Co. vs. Burnbarn q al
Order reversed and rem.nded for further proceed
fngs according to law
Bowen " KUebn s,m-
BY LYON, J.
McKinnon vs.. Lee ct al. Case dismissed
Mcdonald Va. Ashland. Judgment affirmed.
State ex rel N L S Il W Ry Co. vs. O,Cou.
nor SANE.
Dells vs. Stallenwerk ct al. Judgment reversed
and remanded for = new trial
Hemers We Frederick Miller Brewing Co. Por-
tion of order appealed from affirmed
Browning ct 81. w. Goodrich TRANSPORTATION
Co. Jrdgrnent Affirmed