The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1916-11-16

A clash between the federal and
state officials seems to be in view in
connection with the proposed investi-
cation Of affidavit voting in Kenosha
at the last national election. County
Clerk Russell H. Jones has been ready
and willing to turn over to Special
Agent William S. Fitch of the depart
ment Of justice all records of the cleo
ton in his office, but today he received
an opinion from District Attorney A.
j.. Drury in which he was directed to
turn over for inspection only such aft
davits as may have beer returned to
him in envelopes which were properly
opened by the county board of can
vassers. District Attorney Drury holds
that the only place where the sealed
records of the election inspectors may
be opened is in the Circuit Court of
Kenosha county and under an order
issued by that court. He holds that
the only power that the county Judge
has in the matter is to issue an order
granting permission for an action to
be brought in the Circuit Court.
I'VE shsltld like fl lave Mr.. Fitch
go just as far as he likes in this in
vestigation, said the district attorney
this morning, "but we must insist
that an agent of the government as we'll
as any other person follow the proceed
ings provided by the state law. These
proceedings have not been followed in
the order which Mr. Fitch delivered
to the county clerk. The county Judge
has a perfect right to give an order
directing the employment of an attor-
ney to represent any elector who seeks
to look into alleged Irregularities but
before any of the sealed records of the
election may be opened, the Wisconsin
law provides that the order must come
from the Circuit Court. While the
county clerk may be willing to allow
an investigation of these records I
have advised him that he may not open
single sealed envelope without the
court order. / am advised that some
of the affidavits have been irregularlv
returned to the county clerk in en-
velopes which also contained the re-
port of the vote cast at the election.
These affidavits are open for the in
spection of Mr.. Fitch or any other
citizen and no order is necessary for
him to see them. If this investigation
is to 60 forward, we must insist that
the law be followed in the making of
1T. just the animus of it all I do not
know, but we want to do what we can
to bring out all facts and bring them
out in the method demanded bv the
election laws of the state and this is
through an order of the Circuit Court. },
1t was stated by the officials that no
opposition would be made to the issu-
ance of a court order to bare everv
fact in connection with the election
and that everything possible would be
done to expedite the hearing of any
case brought by the United States gov
eminent or any other person interested
in the election.
Special Agent Fitch was expected to
return to Kenosha today but he had
not sought to enforce his order to
search the election returns at the Office
of the county clerk up to late hour.
County Judge Taylor did not defend
his order this morning more than to
say, Any person who wants to see
these records may see them and to just
this extent the order was issued on the
showing of the law made to me by Mr..
Fitch and his attorneys