Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-12-31
REFUSAL OF COUNTY AUDITOR
M'cARTY TO FURNISH PETITION
TEMPORARILY sALks PRO.
cEEDlNGs.
STORMY SESSION
ENDS WITH CALM

| TRIBUNAL SUIT is BEING
| HEARD, MOVED TO BOARD OF
| SUPERVISORS ROOM.
The work of canvassing the revoca-
ton petition, the filing of which
closed all saloons and liquor houses
in Ottumwa last Tuesday afternoon,
and comparing the signatures there
on with those on the poll and registra-
ton books of the city of Ottumwa,
continues uninterrupted this afternoon
in the room adjoining that of County
Auditor Charles w. McCarty and gen
orally occupied by the board of super
| visors. This state of all-seeming
| peace, came as a result of a stormy
morning session, during which argu-
ments by attorneys, violation of
subpeonas and finally the making of a
compromise occupied the attention of
| all concerned in the case entitled
State of Iowa VS.. Charles l.. Hallgren.
| Yesterday afternoon, after City
testified to the authority of the poll
and registration books, Newton l.. Ar
rison, deputy auditor, was placed on
record as stating the petition in court
was the one filed December %. The
| attorneys. Immediately began the
arduous task Of comparing the sigma
lures of the petition to those on the
city books, and at the close of court
at o'clock. forty-five objections had
| been made to ninety-four names can
vassed. At the opening of court this
morning, Judge Kirby elected to use
the council chamber where more &C
commodations were available, but
when Chief Gallagher requested Coun.
| ty Auditor McCarty to produce the
petition. the officer responded that up
on advice given by the county attor-
ney, he could not let the petition be
removed from his office.
| Immediately a new subpoena was is.
sued and served on the auditor by
Officer George Taylor, and the court
gave him sufficient time to confer with
| attorneys in order that he might be
secure in, his actions. This was done
and battle of arguments began be-
tween Attorneys 10 Jaques and ]. j.
Smith, representing Hallgren and
| Seneca Cornell and A. W. Enoch rep
resenting Mr.. McCarty. The position
taken by the former was that it was
| absolutely necessary to have the peti-
ton in court. and that it was wholly
within the power of Judge Kirby to de-
mand the auditor to produce same.
l (NC,,, e
the auditor was privileged to furnish
certified copy, but was not demand
ed to produce the original. The argu.
ment then was made by the defend
ants counsel that in order to compare
| the signatures on the city election
books with those on the petition it
was absolutely necessary that the orig
inal petition be forthcoming. The
court accepted the suggested compro-
mise. and at 1880 o'clock, the work
OF comparing the petition with the
city books was resumed in the office
of board of supervisors. 1t was simply
a case Of the petition not coming to
the court, SO the court went to the De.
titiop.
McCarty Received Notice.
| The following letter from the execu.
tive committee Of the Law and Order
league. prompted Auditor McCarty TO
counsel with County Attorney Cornell
in the matter of allowing the reroea-
ton petition to leave his Office:
! To Charles W. McCarty. Auditor
{ of Wapello county, Iowa.
! You are hereby notified that
the undersigned being the execut
tive committee of the Law and
Order League of Ottumwa. Iowa
! will hold you personally responsi-
! BILE for the petition of revocation
| filed with you on Dec. %, 1908,
| by certain citizens of Ottumwa. Ia.
Said petition purportins to be
| signed by q majority of the voters
! of Ottumwa, Iowa, and asking that
| the bar to prosecutions under the
! prohibitory be removed.
| "And you are hereby notified
not to permit said petition to be
removed from your office or from
| the court house at Ottumwa, Iowa.
And that If you do so permit
! said petition to be removed from
| the Office of county auditor of Of
| tumwa, Wapello county, Iowa, we
Will hold you personally under the
| laws of Iowa, for any damage, mu-.
! t1iation or alteration made to said
| petition or any part thereof.
And we will take much steps
as the law of Iowa may provide to
! protect the interest of the signers
! OF said petition and to see that the
laws OF Iowa are fully complied in !.
/ reference to said petition. You
! were. so notified as above when
| petition was filed.
Dated at Ottumwa, Iowa, this
2sth day OF December, 1908.
J. G. Hutchison,
E. C. PIERCE,
Sumner ,Siberell,
! W. W. Rankin,
! W. e. Ramsell