The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1916-04-29
ELECTION
OF JOHN A. JOHNSON
COMPLAINT LODGED BY COMMITS
SiONER kUNDERT AGAINST
COMMISSIONER-ELECT
CHARGE INFLUENCE USED
ALLEGED CANDIDATES. AN
NOUNCEMENT TO WORK FOR
800 A YEAR WAS ILLEGAL.

MAI dCllOH 10 prevent JOnn "A.
Johnson from occupying the seat on
the city commission to which he was
elected by the voters at the munic-
ipal election, April Is, was taken to-
day, when a complaint in contest,
providing for an election contention,
was served on the commissioner
elect. That the controversy will be
a bitterly contested one, is evidenced
by the demeanor of those who have
objected TO Mr.. Johnson's prospective
occupancy of a seat on the commits
sion, and by supporters of the COM
m~issioner-elect. BY men not direct
ly interested in the issue, the predic-
ton is generally made that Madison
is on the verge of a bad mixup."
The grounds on which the COM
plant in contest are based are that
in notifying the electors that if he
obtained a seat on the commission,
he would accept as salary only $500.
which is $3.50 a year less than the
present commissioners receive. 1t is
the charge of those bringing the ac-
ton against Mr.. Johnson that in con-
senting to give his services for S4O0
a year, he bribed the electors. The
issue, therefore, hinges on a charge
of illegally influencing voters.
Came As Surprise.
While it had been rumored that
charges might be preferred against
Mr.. Johnson, the actual serving of
the papers today proved a huge sur
prise TO the majority.
BY those who had more than an
inkling of the movement, it was
learned last night that f. l.. Soper
and George II. Farmer. who have
been retained. ii is said. by those
protesting Mr.. Johnson's right to oc-
cupy the position to which he was
elected. and j. w. Walden, made a
trip by automobile to Sioux Falls late
yesterday afternoon. The trip was
a subject of considerable conjecture,
and the rumor quickly became cur
rent that the three gentlemen had
gone for election contest papers to
Circuit Judge Joseph w. Jones, in
Sioux Falls. Another report which
gained credit was that as the grounds
for the issuance OF the restraining
order was to be bribery, a criminal
action would probably be instituted
simultaneously with the civil charge.
Mr.. Soper, of counsel for the COM
plainants, said today that no Grim
inal action had been started. AT the
states attorneys office ii was said
that criminal proceedings had not
been taken.
Had Expected 1t.
Mr.. Johnson said he had not re-
tanned counsel, but would do so to-
day. Asked if he had been aware
before today that steps were being
taken to contest the validity of his
election, the commissioner-elect said
that he had been informed by men
who waited on him during the week,
that if he would agree not to qualify
for his seat. proceedings would not
be started against him. Mr.. John
son told that he declined to coun-
tenance the requests made upon him,
on the ground that if the people of
Madison did not want him to serve
them, they would have made their
wishes clear at the polls.
You may say that ! have nothing
to conceal" he said. Il have merely
engaged to sell my services for a
certain sum- salary which |
clearly defined to all who read news
papers-and they were accepted. /
do not think it is necessary to ex-
plain the cause of this action to the
citizens of Madison"
Heard i'm Chambers.
The hearing will be held in cham
bers, and time is given Mr.. Johnson
to make his answer. 1t is specific
ally charged that Mr.. Johnson, on
or about April 10, e~ndeavored to
wrongfully influence voters"
Until a decision in the case has
been rendered, Jacob Kundert, pres
ent member of the commission, who
was defeated in the city election by
Mr.. Johnson, will continue in office.
Mr.. Kundert is the complainant in
the action against Mr.. Johnson. AL
though elected only for a term end
ing next Monday, Mr.. Kundert auto
matically retains his seat on the
commission until a successor has
duly qualified. Regardless Of the
outcome of the controversy, it will
not be required to hold a special cleo
ton to fill the office, it Is pointed
out.
Hinges on Salary.
The clause in the statutes which
Is at issue, and which will probably
be thoroughly threshed out is to the
effect that commissioners in cities
having a population of from $500
to 5000 shall receive as salary $3.50
per n u
Mr.. Kundert has served one four
year term on the city commission
His only opponent in his contest for
reelection at the polls, April Is, was
Mr.. Johnson. The vote, as canvassed
by the city commission, was 459 for
Mr.. Johnson and 393 for Mr.. Kun
dert. making the formers major
ity Sc.
Mayor George H. Waskey is out
Of the city. Mr.. Soper said n re-
straining order against MI. Johnson
had been filed with the city commits
cion IF tho o0mnIatnt had mot hppr