The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1899-01-05
Snow You See it, And Now
You Don't"
The Jack-in-the-b0x Proceedings o.
the Circuit Court OF Cleveland by
the Whims OF the Hannaites.


The circuit court Wednesday morn
ing withdrew its entry Of Tuesday
dismissing the board of elections
case and went back to its original
opinion of Friday, oustIng the cleo
tion board as q county board and al
lowing it to continue as a city board.
When the action Of the court on
Tuesday dismissing the cases became
known there was CONSERVATION in
the camp of the anti. McKissonites.
and Judge Pennewell, who approved
of the dismissal of the case, was not
sustained by his collegue, Attorney
F. J. Wing, and his clients, the Han
MATES.
When the circuit court opened
Wednesday morning the cases was
called up and Attorney Wing stated
that he had prepared journal entry
which he had submitted to Judge
Phillips, attorney for the board Of
elections, but the latter objected to
it. He wanted journal entry
agreed upon in court.
"The only question submitted to
the court" said Judge Hale, twas
the demurrer to each of the defenses
and all we could do was to pass the
demurrers. The demurrer was over
ruled as to one cause of action and
sustained as to two causes"
When asked what the board of
elections wanted to do about the
matter Judge Phillips replied:
"I have nothing to say. Judgment
was rendered yesterday morning and
now counsel appear and ask for diff
ferent judgment. They want the
court to undo the action of yester-
day."
Judge Pennewell then arose to ex-
plain why he had agreed to the dis
missal of the cases in behalf of the
anti-McKissonites. He said:
when the matter came up in
court yesterday I didn't have time
to consult my colleague, Mr.. Wing.
1 saw him yesterday afternoon and
found that he and my clients did not
approve Of the courts action. Mr.
Wing and I prepared journal entry
and took it to Judge Phillips and he
refused to acquiesce to it,"
Judge Hale replied that if the case
had been left to the court the judges
would have disposed of it according
to their own notion. He said:
1--WE regret that the case has got
into it's present situation as it is one
of considerable public interest. Be-
fore the demurrer was passed upon by
the court the whole situation was
thoroughly canvassed and our con-
clusion was as announced in our
opinion. We ousted the board OF
elections as county board, but yes
terday the court consented to make
an entry of dismissal on the claim
that such an entry would put the
matter in a better shape to carry be-
fore the supreme court. AS the coun-
sci for the plaintiff did not have time
to consult we will withdraw the en-
try of dismissal and allow a journal
entry"
After the courts decision Judge
Phillips stated sarcastically:
"If the counsel change their opin-
ion again tomorrow and want another
journal entry they have our consent
and need not send for us again"
The court permitted both sides to
submit journal entries and the entry
that will be made will be decided up
on later. According to the courts
last decision, however, the board of
elections matter stands practically
as it did after the decision of last
Friday.
The board of elections muddle was
increased Wednesday by an applica-
tion to the board, to take charge of a
special election Of three waterworks
trustees at Berea of January l2. Di-
rector of Law Norton was called in
and gave his opinion that the board
of elections might act on the appli-
cation as the journal entry In the
case he'd certainly not yet been made,
but on second thought it was decided
to ask the Berea people to postpone
their election until the status of the
Cleveland board was determined
Cleveland Plain Dealer.