Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1899-03-08
BOARD PROCEEDINGS.
OBSERVATION-DISCLOSURES. S.,

BOARD PROCEEDINGS.
DELAWARE COUNTY, IS.
Belt remembered that on this 27th day of Feb. |
ruary 1899, the Board of Supervisors Of Delaware
County, Iowa. met as per adjournment Pres
ent 5. T; Carter, Chairman; +. l.. Durey and
Auditor. when the following proce edings were
had:
Board proceeded to consider the contest be.
ocrat and Delaware County News. to be declared
the official organs of the county.
Counsel for the Manchester Press and Man.
chester Democrat introduce oral testimony,
Counsel for the Delaware County News offer
as evidence list of names of persons who weIe
subscribers to the Delaware County News Janu-
1899. Counsel for the Manchester Press objects
to the OF such list for the reason that
1t Is incompetent irrelevant and immaterial.
which ruling the counsel for the Press excerpts.
Counsel for the Press and Democrat offer In
evidence ailidaylts to inclusive. Counsel for
timony for the reason that 1t Is eSparte testimo-
ny and incompetent evidence of any fact In the
affidavit or any fact between the contestants In
Board adjourned to Tuesday, February q 1899
Tuesday. February 49, 1899
Board met as per adjournment. All members
Objection Of the counsel for the News to the
Introduction of aflidayits l to inclusive is over
ruled to which ruling counsel excerpts.
Counsel f. r the Press and Democrat offer the
and filed by the Clerk Of the District Court In the
aware County Views in tie District court EN- March
term, 1898. for examination by the Board Of Su-
pervisors as records showing knowledge on the
News of the manner III which subscriptions were
obtained by III. X. Holmes and others canvass
ing for the News.
duction of this testimony for the reason that
In their opinion the sameis incompetent, irrele-
want and lmmaterial. Va
Board sustain objection, and to such ruling.
counsel for Press excerpts. 1871
Counsel for the Manchester Press and Dem
ocrat further offer for like purposes, showing
Holmes and others as canvassers for the Del.
II. Il. Holmes after said knowledge as evidence
of an approval OF course of conduct OF said II.
X. llolmes-ailidavits numbered to l35 Inclusive
of the records used befO this Board On the con.
test OF year ago, or January 1893. between the
News for examination by this Board as records,
now on'the District Court OF Delaware County,
Iowa. 80. III. - -,
Counsel for the Delaware County News objects
to the Introduction these atlidavits now offered
by the publisher of the Manches' or Press for the
reason that the same are incompetent, irrelevant
they are a part of the records of tile District
Court which was excluded and ruled out by the
SuStdllllIlk VI tlle ldSt pTeceQlIH OUJectlOl,
Objection sustained, to which ruling the Press
excerpts.
Counsel for the Press and Democrat offer as
evidence afidavits Z to IA inclusive Counsel for
the News objects to the Introduction Of sucl AM
davlts. they being incompetent. irrelevant and
immaterial Objection overruled.
Counsel for the News excerpts to the ruling OF
the Board.
Proprjetors Of the Manchester Democrat pre-
sent list OF subscribers to the Democrat That
are not residents of Delaware County and ask to
lave same stricken from tho list filed. Counsel
for the Press presents list Of subscribers to the
Press who are not residents of Delaware County,
and ask to have same stricken from list filed.
Counsel for the News objects for the reason
that such withdrawal would be In conflict of the
rights of the proprietor of the News in producing
for the further reason that these names Should
not be allowed to be withdrawn at this time with
the evident Intention Of clearing the lists of the
Press and Democrat of any and all fraud In the
matter OF the introduction of their lists In this
contest
counsel for the News presents petition ask
Ing that the names of those persons whose names
appear on the list of subscribers to the News and
who have made affidavit or testified that they
were trial subscribers only. and are not at pres
ent time subscribers to the Delaware County
News, be stricken from the list as filed.
| Counsel for the Press objects to the condition
| al withdrawalof the name stated by counsel for
| tile News on the proposition of bargain with tho
Board. as being an unbeard of proposition of law
as a condition that is rejecting upon the judicial
proceedings, as being matters Of bargain and
| sale and us being without parallel in the Incl
dents or nature of the proposition for with
drawal, and for the reason that the facts brought
mentioned as subscribers. to the News were not
against them as individuals or against the names
| as names on the list. but as to the fraudulent
method Of getting up the list of the Delaware
County News. XII
Objection Of the, News to tile petition Of the
Manchester Press and Democrat IS sustained.
Counsel for the Press and the Democrat except
| to the ruling.
objection of Press and the Democrat to peti-
ton of the News is sustained. Counsel for News
| excerpts to ruling.
| Adjourned to Wednesday, March !, 1899.
| "Wednesday, MARCH ]. 1899.
Board met as per adjournment All members
Counsel for the Delaware. County. News pro-
ceeded to introduc6 oral Testimony.
Counsel for tho Delaware County News
eE kan dseose ed Rp ns q h Aud ss
December 81, 1897, which. contains the names of
per- ons receiving their mail at Strawberry Point
Lamont ind Masonville being knowledge to
| him, that they were not residents of Delaware
county, Iowa. -,
| Counsel for the Press and the Democrat OBJ
jected to the introduction of part of record that
yesterday was by the ruling of the Board ex
cluded when offered by the counsel for the Press
and the Democrat, as incompetent, irrelevant and
Indicated by this Board.
Objection sustained.
Counsel for the News excerpts to the ruling Of
| the Board.
Adjourned to Thursday, Marcha, 1892
Thursday, March 2. 1899.
| Board met as per adjournment All members
present.
The following was rendered rs per recorded
vote:
In the Matter Before the Board of Super
Official Papers 1899. e'' ~
This matter coming up for determination by
the Manchester Democrat, the Manchester Press
| and the Delaware County News shall be chosen
| the two oilicial'newspapers OF the county The
Manchester Press and the Manchester Democrat
file objections to the list Of the Delaware County
Newa, said objections being that said list is fraud
lent and false and for the purpose of illegally
procuring the county printing OF Delaware
county, Iowa
The said papers, Manchester Press and Man
chester Democrat, placing their entire reliance
upon these charges, and having made no attempt
| to in any other manner attack the list of the
| Delaware County News, 1t Is considered by the
Board that said charges are not proven and 1t ap-
| crut and the Delaware County News are the two
papers having the largest Of bopa-hd yearly
Subscribers within the caunty they are hereby de-
claIed official papers in the town of Mpnphesteri
| for the year 1899. s. L. CARTER
| THOs. LINDtAY. /.
| ] dissent fromthe above.
| Counsel for the Manchester Press and Man.
chester Democrat except to above decision US to
the Delaware County News.
| In the matter of the contest between the Earl
| Vile Phoenix, the Greeley Graphic, Colesburg
Clipper, Ryan Ruster. Worthington Watchman
| and the llopkinton Leader to be declared the
third official paper for Delaware county, Iowa.
| Objections OF the counsel for the Earlville
Phoenix. filed mt January (adjourned) session to
the consideration of the list of the, liopkinton
| Leader are overrued.
| Objections of the counsel for the lIopkinton
Leader filed at the January (adjourned) session,
to the list of the Earlville Phoenix et'al IRE
overruled. Isl rz-a b..s,s
Counsel for the Earlvlle Phoenix, Greeley
Graphic, Colesburg Clipper,~Ryan Rustler and