The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1916-05-02
NO PROTEST ACTION
COMMISSIONERS NEITHER RE
FURSE NOR CONSENT TO
PERMIT j. A. JOHNSON
TO QUALIFY.

Although presenting himself for
qualification at the first meeting Of
the fiscal year of the city commission
last night. the status of j. A. John
SON. as commissioners-elect, remains
the same as it has since the protest
against his being seated was made
last Saturday. The commissioners
neither refused nor consented to per
nit Mr.. Johnson to qualify. and they
minated that they will not take for
mai action until the purport of docu-
ments served on Mayor George IT,.
Waskey and Commissioner T.. A.
Johnson is determined by City Attor-
ney @. j.. Porter.
When COmmissioner-elect Johnson
asked that the commission take up
his case, Mayor Waskey said that pa
pers in restraint had been served
upon him. and that he would refer
the matter 10 the city attorney.
Commissioner r. a. Johnson told
that he had been served with sim
liar papers. After glancing over one
Of the documents. City Attorney Por-
ter said that while he desired time
TO 20 thoroughly into the phrase
ology Of the instrument, he did not
think it was a restraining order.
When asked by j. A. Johnson if
the order had been issued by a judge,
the mayor replied that it had not,
but ma il had been passed upon by
the states attorney. The mayor said
he was acting as a servant of the peo-
pie. and did not desire to follow any
but the legal course in the matter.
The cOmmissiOner-elect replied that
he did not wish to create any IN
pleaeantness, and told that he had
asked if the papers served on the
commissioners had been signed by 4
judge as a means Of obtaining in
formation. The mayor told Mr..
Johnson that the commissioners
would be in a position 10 act as soon
as the city attorney could make his
report. probably at the regular meet
ing mex Monday night.
The instrument served on Mayor
Waskey. Commissioner T. A. John
son and Commissioner-elect J. A.
Johnson yesterday replaces the pro
test issued last Saturday. A clause
in the document is as follows.
Whereof. the plaintiff asks the
judgment and decree of this court
that the election of the defendant.
J. A. Johnson, be null and void, that
he has no right to the office, and
that said office be declared vacant.
and that George II. Waskey and 7.
A. Johnson. as commissioners, be
forbidden and restrained by said
judgment to receive and approve J.
A.. Johnson's bond or permit him to
qualify"
Commissioner-eIe Johnson pre-
scented his bond. and upon the sug-
gestion of City Attorney Porter il
was made a matter of record.
Although the oath OF office wa
not administered TO him. the ques-
ton was raised today as to whether
j. A. Johnson did not qualify as a
commissioner when his bond was
made a matter of record in the min
utos Of last nights meeting. The
general opinion is expressed that
should J. a. Johnson be disqualified
an election to fill the vacancy on the
commission Will be necessary. The
following provision is made in sec
ton 10. chapter 119 Of the 1913 ses-
sion laws:
TO qualify as city commissioner,
il is necessary to have a majority OF
All the votes east. In case of a tie
vote a secondary election shall be
held, and only the two candidates re
ceiying the largest number of votes
at the first election are eligible to
compete"
Section 10. chapter 119 of the SEES
sion laws contains the following:
IF the candidate receiving a ma
jority Of all the votes cast refuses to
qualify for any reason, the city com
mission shall forthwith call a new
election to fill the vacancy created.
1t is probable that the complaint
hearing will be held before Circuit
Judge Joseph w. Jones, in Sioux
Falls one week from today. The
date for the hearing of the origina.
complaint was set for next Tuesday
and il is predicted that the hearing
on the paper served yesterday viii
be taken up at the time set for the
former.