The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1918-10-08
Refuses to Obey Court Order to Re-
turn Clerks Office Papers In
Suit for Democratic
Candidates.
SECRECY IS MYSTERIOUS
Mayhem, Young and MohrfeIt Seek
to Overcome Order of Attor-
ney General on Iowa
Election Law.

n,ade to conceal from the public and
people Of Lee county lawsuit
brought against one Of their officers
was staged In keokuk today by John
p. Hornish.
Tho papers were taken from the
clerks office, kept concealed, and
the whole matter transferred to
Mount Pleasant, while the attorney
said that they should not be known
to the public until tomorrow. He
even dcfied the district court.
No reason was given for this IN
paralleled action. except that there
Is a reason that Hornish refuses to
state, which seems to him to make
it necessary that he even dare con-
tempt proceedings in court to pre-
vent the Lee county public learning
the details of the suit he brought.
Bears on the November Election.
Seeking to overcome the order Of
the attorney general Of Iowa, and
the expressed desire of the demo-
cratic political leaders, that no can
didates be placed on the democratic
recorder of Lee county this year OF
more important war work. John
P. Hornish, attorney. brought man
damus proceedings against the
county auditor, asking that he be
compelled to put the democratic can
didates on the ticket.
Fred Mayhem, of Keokuk, for
sheriff, William c. Young, Of Fort
Madison, for clerk, and Casper Mohr-
felt, for recorder, are the attempted
beneficiaries of this move to prevent
politics being adjourned in Lee
county.
Judge Bank said in effect that he
would not hear the mandamus case,
and Judge Hamilton said that while
he would. Hornish might prefer that
1t go to some other judge outside the
county, as he is candidate him
self.
Case Goes to Mount Pleasant.
Then, by agreement between Horn
ish and County Attorney Hamilton.
the case was taken to Judge Hale.
of Mount Pleasant for hearing.
Hornish said today that he will
go to Mount Pleasant tomorrow
morning to present his petition to
Judge Hale.
The petition asks the court to or
der the Lee county auditor to place
the names of the three candidates
named on the official ballot in the
democratic column,
There is nothing special in 1t
aside from the usual form of a man.
damuS petition, and copy OF it Is
in the hands Of County Attorney
Hamilton, at Fort Madison.
Commits Contempt Of Court.
But Hornish got everybody around
the court house to guessing, by
making it a deep and dark mystery.
He went so far as to commit con-
-, ,irNt 90 VT tn lyro fhn
original petition he filed, after get
ting it away from the clerk of the
court soon after filing it.
This morning it was not in the
files and was traced to Hornish by
The Gate City. Hornish admitted
Having it, and refused to let re-
porter see it, saying he did not want
the public to know about 1t until
tomorrow.
/ Then on demand of citizen to
inspect public record, made OF
Clerk Vollers, the clerk demanded
that Hornish return to the clerks
office the paper he had taken away.
This Hornish fatty refused to do.
\ Court Orders Return Of Petition.
Then Clerk Vollers, still melted
by the citizen who wanted to see 1t,
made application to Judge Hamilton.
who issued a formal order on Horn
ish to return the petition to the files
of the clerk. This was served on
Hornish at once by Deputy Sheriff
Montgomery, and in response Horn
ish simply said that If the citizen
behind the movement were there he
would pull some whiskers.
Hornish soon went to see Judge
| Hamilton in chambers and refused
| 70 Of n,,rt uo
gave the impression that he would
prefer to take punishment for con-
tempt than to return the paper to
the clerk today.
Becomes a Real Mystery.
| The next move, by the forms of
practice, is for Clerk Vollers to ask
| the court to cite Hornish for con-
tempt of court. Vollers is doing
his whole duty as fast as it is asked
by the citizen who wanted to see
that petition, but did not take the
initiative in the mysterious proceed
| ings The citation for contempt will
not be made until Hornish returns
from Mount Pleasant.
What everybody wants to know is,
why Hornish is so anxious to keep
that petition away from the public
until tomorrow, ana now ne expect
ed to avoid publicity of his suit by
1.-The course he took.
"The original files shall be taken
| from the clerks office only on order
of the judge by leaving proper re-
ceipt therefor" reads the law on
that matter In this case, the judge
also ordered the file returned and
| had his order defied by Horpish.
4
| Speakino of ReIIjcositv.