Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1897-02-06
according to law.

Owing tn untOWdrd events over
which / had no control and for which
/ was in no way responsible. the trial
of this case was not reached until
near the close OF my term of Office
The conteStee's attorney pursued such
a plan of action as made further de-
lay of the case unavoidable This,
believe, was unnecessary and appears
to have been done merely for the pur-
pose of delay, and was in consonance
with the action of certain officials
who, / fully believe. did ali in their
power to retard progress and suppress
evidence. Pending the trial of the
case and before my term expired |
invited Mr.. Balcom into my Office for
the purpose of talking over the situa-
tion. / offered to let affairs remain
as they were to save unnecessary labor
for both and to give him full and free
possession of the Office and its appur-
tenanceS when decision should be
reached. in case it confirmed his cleo
ton, and further offered to assist him
two or three days il he wished and at
such other times as he needed any ex-
PLANTATION or help. This proposal
seemed entirely satisfactory to him.
He appeared grateful for the proffered
help and so expressed himself, but
said he thought it would be best for
him ''to make a demand for the keys
when the proper time came" THE
exact time Of change, Monday noon.
January IL, had been mentioned
during the conversation Believing
this to be proper legal step in accord
with his supposed claim to the office,
/ concurred. He then proposed that
/ place the keys in the hands of
third person. To this, of course. /
could not and did not agree. Al this
occurred in the presence of com
| petent witness. and | made my offer
in good faith, with the full expecta-
| tion of keeping my agreement if given
the opportunity to do so. L have had
no such opportunity and the termina-
| tion of the case has made the offer of
assistance unnecessary. On Monday
morning Mr.. Balcom made what he
said was a formal demand for pos
session. l understood that this was
done in support of his legal conten-
tiOn and not for actual possession. and
l refused for the same reason, as /
| then explained to him. although he
had then no legal or moral right to
claim possession and | had no right to
| grant his request at the time. Upon
his motion and at his request, the de-
mand and refusal were put in writing,
which acknowledged me as supcrin-
/ tendent- All this occurred Monday
morning. January IL, since which
| time no demand or request has been
made of me. L left the Office locked
as usual and all records, ETC., in their
customary places and went home.
7 WIFI the Tia Ill SHOULD
remain undISturbed until the close of
! the trial, which would not be long.
/ On my return next day / was credibly
/ informed that the office had been
! broken open; that desks and door
| locks had been forced, broken or re-
moved, and that the usual entrance
was harricaded. L saw several per-
sons, including Mr.. Balcom, going in
and out through the rear door. which
\ is not the usual avenue for the trans
action of a respectable business and
much less for public affairs. l inter
posed no objection or obstruction
neither then nor since, although /
know positively that some of my
private, personal property has been
scattered about the country regard
! less of Mr.. Balcom'S agreement that
should have all the time L wished in
which to remove it from the office,
whatever the result of the contest
might be.
| My contest case was closed January
II. The finding of the court showed
that l was elected by a majority of
three votes. No evidence was intro
duced by Mr.. Balloon showing that he
had any claims to the office, or that
my contention was not a just one,
although it was both his privilege and
his duty to do so if he had any such
evidence. His failure, coupled with
his subsequent action, shows that he
expects to hold the Office by force and
not by virtue of an election / regret
( that L could not introduce further
and fuller evidence in support of my
claim which l am certain would have
given me largely increased majority,
| but that was made impossible by the
action of Others interested in its sup
/ preston. If it be said that there was
any irregularity in the trial of the
case, the question can be tested only
| by an appeal to u superior court. So
far as l know, Mr.. Balloon has taken
no such action.
l filed my official bond with the
proper authorities January l6. After
it was approved, but not before. /
applied at the door of the office, but
could not gain admission. L saw Mr..
Balloon January % and made repeated
demands for peaceable possession OF
the office and its appurtenances. This
he repeatedly refused to give. Then.
and not till then, did 1 file an action
in the district court asking for pos
session of the office. L shall be ready
for trial as heretofore. and have no
/ doubt of ultimate success. | am not
doing this for ''bluff'' nor for the
purpose of getting Mr.. Balloon into
trouble, but because it is the only
legal course left to me. In the mean
time / shall endeavor to do my sworn
duty to the best of my ability. despite
| the hindranceS lawleSS persons may
EinterpoSe. l am the actual and legal
superintendent until the district court
or some superior court shall set aside
the decision of the contest court which
tried the case. Possession of the
office would be convenience. but MIR.
BaIcom'S refusal to give it does not
affect the legality of my acts. and L
hereby give notice that no official act
of his can have anv validity in law.
i regret that this course has become
I Ia-,x-s nj l..af