The Iola register., 1901-10-25
TALKED OF MANDAMUS
Moran People Looked the Matter up
and Concluded not 10
From Monday.s pnlly Rna1.Rrn.

From Mondays Daily REGIsRER.
With the commissioner election
coming November >. lola candidates
getting more numerous every day, the
Second District people insisting that
they are going to hold an election, the
lawyers disagreeing, County Clerk
c. A. Fronk is wondering how on
earth he is going to escape alive from
the turmoil of which he is the innocent
center.
The law says that the ballots shall
be made up ready for the printer ten
days before the election. Which
means not later than Friday Of this
week, he must have decided what
names are to go on the official ballot.
Shall he print the names of Mr..
Hobby and Mr.. Mccormack? They
were nominated at Moran by the old
Third District.
Shall he print the names of the In
dependent candidates put up in lola?
The aw says nomination papers must
he filed thirty days beforethe election.
These were not so nominated.
The lawyers disagree and the county
~ attorney is not ready to pass an
opinion on the case. Old rulings in
similar cases have declared "a re-
division of the county legal and the
subsequent election although arranged
for at late hour legal. But the
Australian system has since come in
and the law of elections of the last
legislature may cut some figure.
If he neglects to put any candidates
on the ballot there will be no election
and the two old commissioners, Mr..
Lockhart and Mr.. Tobey. together
with County Clerk Fronk, must name
new commissioner. But Clark
Thomas, Mr.. Kinne and Mr. Hobby
were Gover lIrom Moran and they
told a REGISTER reporter that they
will mandamus the clerk 1t will
probably come up before Judge
Ewing He will issue a writ demanding
that the clerk on a certain day appear
and show why he does not put the
Moran mems names onthe ticket The
clerk will fall back on the action of
the commissioners in redistricting the
county and so the whole combined
question of redistricting and electing
new members will come up for consid-
GRAFTON, be argued and ruled upon.
And after that the election will doubt
less proceed and an appeal be taken to
the Supreme court from Judge Ewing's
ruling.
LATER: Since the above was in
type the gentlemen named have con-
suited with their attorney, Mr.. G. A.
Amos, of Humboldt, and upon his ad-
vice they have concluded to take no
farther steps in the matter. 1--WE were
advised, " said Mr.. l.. b. Kinne with
whom the REGISTER reporter talked,
that the law requires all mandamus
actions of this character to be COM
menced twenty days before the cleo
tion. AS it is now only fifteen days
that lets us out. So far as ] am per-
sonally concerned, however," he
added, 81 am convinced from the in
formation we have received on the
subject that even if the time had not
expired sJch an action could prob
ably not be maintained, as the law
and the supreme court decisions seem
TO point pretty conclusiyely to the
right of the commissioners to redis-
trict the county at any time they see
tit. Our folks think the change ought
not to have been made at this time,
because they feel as if they had been
DISTINGUISHED. But since it seems to
have been done according to law there
is of course nothing for us to do but
TO grin and bear it,. We are not
happy, but we are still in the Union. "
1T was almost a miracle. Bur-
dock Blood Bitters cured me of IA
terrible breaking out all over the
body. | am very grateful" Miss
Julia Filbridge, West Cornwell, Conn