Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1897-01-16

marks upon them. The ballot
which did not bear the initials of the
Judge of election was considered legal
as there was no evidence of fraud in
Herewith. BARCLAYS right
to the Office was not considered to be
impaired by his failure to file an ex-
pense account within the thirty days
following election inasmuch as he had
later filed statement showing that
he had been at no expense to secure
his election and because there was no
fraud claimed or shown in connection.
The result shows that Joshua Mus
grave received, or had or got 80
votes and John F. Barclay re-
received 90 votes and was therefore
elected commissioner of the First dis
trict. The findings were unanimous
and we believe the judges were a unit
on all their various decisions.
A motion for a new trial was denied
and the court stands adjourned to
Saturday, January 16, to sign bill of
exceptions and to allow the contestee
to take an appeal. Should this case
be carried to the Supreme court and
a decision handed down it will be of
immense value to the legal fraternity
and the general public because of the
numerous legal questions raised about
which lawyers themselves do not
agree. In fact the contestee's attor-
ney has tried the case or cases in the
main part upon technicalities and not
upon their merits while the contest
or's have relied solely upon plain
statements of law aud relevant facts
which were not disputed or scarcely
denied.
Those who heard the testimony and
decision in the first, or Barclay case.
consider the Peacock contest virtually
won and the trial of the same as only
legal fprmality because the allega-
tions and conditions in the two cases
were practically the same. The latter
case was adjourned from time to time
until Saturday evening when short
attorney began the same dilatory tao
tics employed in the Barclay case and
introduced a job lot of motions, OBJ
jections and other distractions which
we are unable to name by the regular
legal label. The case was adjourned
to Monday morning, January IL. In
the mean time, or just following the
decision in his case, Commissioner
Barclay took the oath of office and
approved it.
Abandoning their pre-arranged plan
of proceeding in darkness our streets
were alive with pops Monday morn
ing about daylight. The county clerk,
especially, exhibited unusual indus
try and activity, and built his fires at
a. m. About this time G. w. Tun-
nell walked in apparently for the pur-
pose of getting control of the papers
in the contest cases although he had
not then any and never can have any
| legal connection with this contest
court and his term as probate judge
had not yet begun. Soon after it was
discovered that Republican officials
were also able to get up in the fore
part of the day. Commissioners Hin
shaw and Barclay met and organized
by electing the former as chairman.
Clerk Uford refused to recognize Mr..
Barclay as commissioner and refused
| to act az clerk OF the board His place
was filled by Deputy Clerk Gross
whose ofIiciaI head was inaRe3iatR35
snapped off by Chief Ufford. The
board then appointed Cross as clerk
pro tenn. Clerk Ufford recognized ex-
Commissioner Marquand who with
Commissioner Swiggett organized an
other board with the latter as chair
man. Chairman Swiggett would not
recognize Barclay and Chairman
Hinshaw could not recognize Mar
quand although each chairman recog-
nized the other. Both boards did
business. The Hinshaw board gave
the county printing to the WORLD at
20 per cent of legal rates, appointed
Cross as purchasing agent and gave
him the care of court house and
grounds; also appointed Mrs. May
Greenwood and G.. G. r. Piersee as as
sociate examiners of teachers upon
the nomination of Supt. Peacock
whose term of Office had not expired.
The board adjourned to meet next
day.
The Swiggett board gave the coun-
ty printing to the Independent at rs
per cent of legal rates and made Clerk
Ufford purchasing agent ETC.: also APP
pointed w. B. Robinson and Mrs.
Mary Hunt as associate examiners of
teachers upon the nomination of Ira
G. Balloon whose term OF Office, if he
has one, had not begun Both boards
appointed S. z. Cowick and A. A.
Rassicott to assist Judge Tunnel in
the regular quarterly examination of
| fl,o co.,otv troasnrersS tookS which