Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-01-07
DECLARE PETITION
TO Be SUFFICIENT
Continued From Page ~

on the grounds that they involved a
question of law for the courts to
settle.
Thinks Number Too Small.
When seen relative to- the finding OF
the board of supervisors Senator
Smith who represented the proponents
of the statement of consent, stated
that he thought the number of names
found for the proponents in excess OF
sufficiency, was too small. He gives
his views in the following statement:
| THE consent petition when filed had
a majority of 4O7, after deducting all
thames of persons who did not vote at
the last election and all duplicate
signatures The actual number or
bona fide withdrawals amounted to
about 353. Therefore there remained
on the petition a majority of fifty
four After the board had deducted
the names on the poll books, 1t was
found that clear majority of nineteen
remained many of these, however, II
not all of them, were in my Judgment
sufficiently identical and should be
counted"
Whitmore Delighted.
~N-N
| the result" said Attorney Chester w.
Whitniore, who with George L. Gillles
has, been looking after the legal az
fairs of the contestants of the petit
titn. Were delighted with the re-
suits and tell them we have them
licked to death in the district court,
for we will appeal the finding OF the
board and take it into the district
court this very day. The appeal will be
filed for immediate hearing and come
up during the first week in the Janu-
airy term"
To anyone who thinks that Chester
Whitmore looked like someone VINO
had been whipped when the news OF
the boards finding was announced TO
him last evening, another think is due
Surrounded in his office by several OF
his co-workers, he seemed bubbllng
over with good humor, although be-
hind his laugh there seemed to be the
desire to get at his opponents and
fight it out in the courts with them.
The filing Of his appeal this morning
emphasizes his determination to go
through with the fight.
Files an Appeal.
The appeal was filed by Attorney
Chester w. Whitmore with the clerk
of court shortly after 10 o'clock, and
the carrying Of the matter to the dis
trict court promises to open fight
compared with which the canvass just
closed will have been but prelimin-
ary The appeal filed this morning In
full is as follows:
In the District Court Of the State OF
Iowa, in and for Wapello County.
In the natter Of the application of 5.
r. Cheadle, c. H. Bank, w. V. Sill
vers, proponents, for general consent
to sell intoxicating liquors in the city
of OttumWa, Iowa.
Sumner Siberell, D. G. Smith, r. ..
Fowler Henry S. Merrick, w. F.
Hunting. contestants.
Come now Sumner Siberell, D. G.
Smith, E. D. Fowler, Henry S. Mer-
rick and w. f. Hunting, all citizens or
Wapello county, Iowa, on their own
behalf of themselves and hundreds OF
others citizens of said county and on
behalf of all citizens of said county
who may desire to join them in this
appeal, and respectfully show unto the
district court of Wapello county, Iowa,
that on the twentieth day of Decem-
Der, 1870 there was filed with the aud
itor Of said county by the aforesaid s.
r. Cheadle, C. HI. Bank and w. V. Sill
vers a written statement of general
consent that intoxicating liquors may
be sold in the city Of Ottumwa, in the
county Of Wapello and state Of Iowa;
whereupon ten clear days notice was
published by said auditor that on jan
uary third, 1911, the board Of super
visors of said county would hold their
next regular meeting at the court
house in said city and then and there
publicly canvass said statement"
m, co;J To-
board of supervisors met at regular SEES
sion and commenced the canvass Of said
statement and concluded the same on
January 5, 1911, finding and entering Of
record that said statement" was
signed as by law required by a major
ity of the voters residing in said city,
voting therein at the last preceding
said election.
That between the time Of filing of
said statement a..d the time the
board of supervisors entered upon said
canvass the contestants above named,
by their attorneys and representa-
tives, caused careful examination Of
said "statement'' and poll lists to he
made. That at said public canvass by
said board the above named contest
contested the sufficiency of said
statement by written and printed
documents which are part Of the
records in said cause.
That prior to the finding and enter
ing of record by said board Of its de-
cision as to the sufficiency of said
statement" contestants filed with the
auditor of said county the written re-
quests Of towit: four hundred and
thirteen persons who had signed said
statement" commanding that their
consent be withdrawn therefrom and
not be counted.
That contestants have filed with and
there has been approved by the clerk
Of the. district court sufficient bond,
in the sum of $4,000, covering the
costs upon appeal by contestants from
said decision by said board Of super
visors. .
That under the provisions of section
245O of the Iowa code contestants now
file with the clerk of the district court
this their general denial as to the suf-
fiency of said statement of general
consent, as a whole and to each part
thereof; contestants aver that because
Of the plea dings filed with them in said
matter before said board said state
ment" as an entirety is invalid; con-
testants deny that same has been