The citizen. [volume] (Berea, Ky.) 1899-1958, 1906-10-04

VIII. The special act or the assem-
bly, is void; therefore there was no le-
gal election. and, by consequence. there
Is no judge and no receiver"
Miss Van Brock was silent for a re-
Elective minute. Then she said:
ION second thought, perhaps, you
would better tell me what the consti-
tuition says. Mr.. David. Possibly
could grasp It."
"It Is In the section on elections.
II says: AN circuit OF district judges.
and all special judges, shall be elected
by the qualified voters of the respec-
tive circuits or districts in which they
are to hold their court Kiowa coun-
ty was cut out of Judge Whitcomb's
circuit and placed in Judge MacFar-
lanes for electoral purposes only. In
all other respects IL remains a part of
Judge Whitcombs circuit, and will so
continue until Whitcombs term ex-
pires. Without the vote OF Kiowa.
MacFarlane could not have been elect
ed; with II he was Illegally elected.
or, TO put Il the other way about, he
was not elected at all. Since he is not
lawfully a judge, his acts are void,
among them this appointment OF Major
Guilford as receiver for the Trans
Western"
She was not as enthusiastic as he
thought she ought to be. In the soil
prepared for IL by the political conf
dences of the winter there had grown
up a many-branching tree Of init
macy between these two; frank. sex
less friendship. as Kent would have de-
scribed II, in which a man who was
not very much given TO free speech
with any one unburdened himself, and
the woman made him believe that her
quick, apprehending sympathy was the
one thing needful-as women have
done since the world began.
What is the matter with it," no
demanded. when he had given her Ave
full minutes for reflection.
Il don't know, David" she said
gravely. Have ever thrown cold
water on any of your schemes thus
far?'
mo. indeed. You have been the 10y
alest partisan a man ever had. | think.
the only one I have to whom | can
talk freely. And have told you more
than have all the others put togeth-
err"
II know you have. And II hurts me
TO pull back now when you want me
to push. But | can't help IL. Do you
believe In a woman's intultion?"
Il suppose I do: all men do, don't
they?"
She was tying little knots in the
fringe of the table scarf. but the
prophetess-eyes, as Penelope called
them, were not following the deft sn-
tertwinings Of the slender fingers.
you mean to set about 'obliterat-
ing Judge MacFarlane forthwith"
she asked.
the thing into shape all afternoon:
that is what kept me from dining
with you"
1T involves some kind OF legal pro-
cedure?"
Yes; a rather complicated one"
Gould you explain 1t 50 that could
understand it?"
Il think so. In the first place the
question is raised by means Of an in
formation or inquiry called a quo
warranto. This is directed TO the re-
ceiver. and ia a demand TO know by
what authority he holds Is It clear
thus far?"
"Pellucidly," she said.
"In reply the receiver cites his au-
thority. which IS the order from Judge
MacFarlane; and in our turn we pro-
coed to show that the authority does
not exist--that the judges election
was illegal and that therefore his acts
are void. Do make It plain?"
"You make It seem as though It
were impossible to fail. And yet
know you will fail"
How do you knowit7"
Don't ask me; couldn't begin 10
tell you that. But In some spiritual
or mental looking-glass can see you
coming to me with the story OF that
failure-coming to ask my help"
He smiled.
you don't need to be the prophet
ess Penelope says you are to foresee
part OF that l always come to you
with my woes"
do you?-oftener than you go TO
Miss Brentwood"
This time his smile was a mere
Tightening OF the lips.
"You do love to grind me on that
side, don't your" he said. Il and my
affairs are less than nothing to Miss
Brentwood, and no one knows It any
better than you do"
But you want to go to her." she
persisted. II am only the alterna-
tive"
He looked her full in the eyes.
Miss Van Brock, what is 1t you
want me to say7 What can say more
than ] said a moment ago-that you
are the truest friend a man ever had?"
The answering look out OF the brown
eyes was age-old In its infinite wis
dom.
How little you men know when you
think you know the most" she said
half mn m civ. then she hrOIra cff n h