Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1902-11-27

Shelton Must vacate the Office
Within One Week

oAOaSVu NAOOS vUOOSO t1aO VulkOO
Within One Week
The findings of the Harrison County
District Court in the Slin- SHELTON
contest matter follow:
In the Dstr'c' Court of Iowa, within
and for Harrison County. Ncvem-
Der Term, 1902.
A. j. Sainr, Contestant
VS. Decree
John T. SHELTON, Incumbent
lie il, remembered that on the 22d
day of November \ ~ 1902, the trial of
this cause is fully completed and the
Court finds:
That at the general election in Nov
ember 1901 the electors of Harrison
County cast for the eflice of Sheriff
1920 ballots that should be counted for
the Office of Sheriff; that said ballots or
votes SO cast. the contestant A j Shinn
received 1911 votes, exclusive of two
votes IN Magnolia township of John
Dewell and ID T. Mcdonald and that
the incumbent John T. SHELTON receiv-
ed 5000 votes at said election.
The Conrs fucthar finds that the
election in Magnolia township at said
general election in 1901 was legally
conducted in that the judges OF cleo
tion we're appointed by the board OF
Supervisors of Harrison county. were
duly sworn, and acted, and that nv
fraud OF corruption is shown to have
existed i'm the appointment of said
judges of election by the board of sup
ervisors nor i'm the conduct of said
j ldges of election in conducting said
election
The Court also finds that all of said
Judges of election were Republicans.
but that saic judges, being those duly
appointed 10y the board of supervisors
and sworn, acted under color of au-
thority and that their acts in conduct
ing said election, in the absence of
corruption or fraud in their appoint
ment, or in the manner of conducting
said election, are valid and binding.
and that the fact that al of said
judges of election we're of one political
faith, should not be held to invalid
the election so far as to disfranchise
the electors of said township.
1t is therefore ordered, considered,
adjudged and decreed by this Court,
that said A Shinp, Contestant, be
and he is hereby declared to have been
elected to the office of Sheriff at the
81 neral election IN Move mber 1901, hnd
tbs the A .isnr Ut this County is
directed to hmm adiately issue to him =
c.rfiileate o. e's ction.
II is furth r drcreed bv the Court
that the certificate of election hereto
fore issued to John l. SHELTON, tho In
cnmbent bs cancelled and held for
naught, and that said John T. Shelton
shall Immediately vacate the said
nflicn and turn sauna over to A j Shinm
provided further, however, that SAID
john l. SHELTON shall have during all
y week commencing with November
y, 1902 in which to turn ever said
nllica to said Contestant Shinn, or ia
obtain An order from the Supreme
Court of this State..or some judge there
of, an order restraining or staying the
decree of this Court in said matter, if
said Court or judge see fit to grant
such order or deem it lawful for them
go to do; but at the expiration of said
week, if snch order is not obtained
that then the said incumbent shall
Immediately turn over said office to
Contestant.
1t is further ordered, adjudgad and
decreed by the Cour. that the Incnm-
bent John l. SHELTON pay the costs of
this action taxed at S. and that ex
ecution issue therefor.
To which, AMI each of which ad versa
orders each party ut the time except
A1d thereupon the incumbent, john
l. SHELTON, files motiol for a new
trial and in arrest of judgm ent and
for judgment on the special finding
said motion was fully submitted, over
ruled, to which the incumbent excerpts,
and by agreemantofp lrties, each party
has 120 days in which to settle and file
bill of exceptions, her elm.