The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1907-07-25
Writ of Mandamus Issued to Force
Bristol Clerk to Recognize
II. Maaske as Supervisor
CLAIM MAASKE NOT A CITIZEN
Town Clerk Adams Refuses to Accept
His Oath of Office on the Ground
That He Never Took Out His
Naturalization Papers

The famous "Dutch Cap in the
town of Bristol has finally found it's
way into the Circuit Court, for late
Monday afternoon Court Commits
sioner Henry Hastings issued writ
of mandamus to force Henry Adams,
town clerk Of the town Of Bristol, 20
recognize the claims of Herman
.Maaska, one of the strongest defend
ers Of the ditch, as a member Of the
Town Board of the town of Bristol.
The writ was served on Clerk Adams
late Monday evening, but as yet no
action has been taken in the matter.
In connection with the issuance of the
writ a suit has been filed in the Cir
cult Court to determine the standing
of Maaske as member Of the Town
Board, and the question raised by the
suit is one of the most interesting
ever laid before the Circuit Court for
this district.
1t is claimed that the whole trouble
arises over the fight for and against
the digging of the ditch commonly
known as the Clutch Cap. This
question is not new one to the peo-
pie Of the town of Bristol as the mem
bers of the town board and the farm
ers have been fighting over the ditch
for several years. Last year the town
board consisting of Frank Shuart,
chairman, Henry L. Adams, clerk and
Emmett Shields and Julius Ramus
decided against the completion of the
ditch on the plans that had been
formerly made and at once the men
who favored the completion of the
ditch carried the matter1into politics
Herman Maaske, 20 ones of the best
known of the German farmers of the
town Of Bristol, was a supporter of
the plan for completing the ditch at
once and he was selected Wy his
friends as candidate for the office of
side supervisor. When the election
was held Maaske was elected by a
large majority and within 1.-THE time
allowed by law he appeared at the
of office. Clerk Adams; it is alleged,
refused to- allow him S to yfiiecth oath
or TO sit as a member Of 5 the = town
board, Maaskee had been elected to
succeed Julius Ramus, but the latter
is still sitting as a member of the
board the other memb ers holding that
he is entitled to sit on the board until
his successor has been elected and
qualified.
The Clerk declares that Maaske is
not citizen of the United States,
and that for this reason it would be
impossible for him to hold the Office
of side supervisor. The records of
the county show that Maaske took out
his first papers in 1894, but he has
never taken out his second papers.
When he was refused place on the
Board Maaske retained r. v. Baker
to secure his rights for him, and the
writ of mandamus is the first step in
the fight. The mem bers Of the Town
Board will insist that the matter of
the right of Maaske 10 hold office be
settled in the courts before place on
the Board is given to him. The at
torney for Maaske holds that it is NOT
necessary for him to be a citizen to
hold the Office of Supervisor, and
that the fact that he is an elector in
the town Of Bristol is all that is de-
lnauded to make it possible for him to
qualify.
NJ aske has taken steps to get his
second papers but it will. be some
before they can be issued to him. 1t
is claimed that SO long as Maaske is
off the Board the opposition to the big
ditch will be in control but that with
Maaske on the Board the balance
would be in favor of the completion
of the ditch.
The town clerk and other members
of the Board have not as yet filed an
answer to the com plant but it is
understood that the answer will be
filed in time to have the matter come
up for trial at the September term of
the Circuit Court.