The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-08-03
Declares That He Goes OFF
Ballot With Rest = To
Bar Others.
PLAN MANDAMUS SUIT
Candidates Off by Attorney
Generals Order Demand
Others be Added to List

primary ballot unless every man who
filed petitions goes on the same ballot"
declared County Clerk Charles l.. Hol-
derness this morning, "and what is
more, there will no name go on the
ballot where petitions were filed after
IL o'clock on the night of July 25th."
This was his answer to delegation
Of candidates whose names have been
ruled off the ticket by the decision of
the Encouragement. Clerk Holder
ness went further and declared that he
would be especially pleased to have an
action brought in the circuit court
which would determine legally and
finally the exact conditions under
which names of candidates might go
on the ballot.
Half dozen of the candidates ruled
off by the opinion appeared at the
clerks office. These candidates had
held meeting on Monday evening and
had outlined their method of pro-
cedure.
To Bring Suit for Mandamus.
Attorney John F. Kuehnl, who is
baffed from being candidate for dis
trict attorney on the printed ballot by
the decision of the attorney general,
was the spokesman of the delegation.
"We plan to bring an action to Sc
cure a write of mandamus to force the
county clerk to put the names of these
candidates on the primary ballot. We
hold that the decision Of the attorney
general is not the decision of the court
and that it is open to review the same
ae he opinion of any other lawyer"
was the statement of Attorney Kuehnl,
and it appeared to have the support of
the rest of the members of the delega-
ton. 1t was understood that further
counsel would be taken among the can
didates left off the ballot before any
definite action is taken.
Want All in Same Boat.
"What we are here for" said Henry
Gerling, who on Monday asked that his
name be left off the ballot on the
grounds that his petitions had not con-
tanned the required number of sigma
lures, "is that every candidate who
filed petitions after the time set by the
law be brought in as part Of this
action to see just what conditions must
apply. We want the men who filed
petitions after midnight to be listed
among the number who are not proper
ly on the ballot and we want these men
to come in and be a part of this action"
The suggestion was made that there
would be four to be added to the list.
County Clerk Holderness promptly de-
clared that regardless Of when petit
tons were filed, he would not accept q
place on the ballot unless every one
Of the men who had filed petitions in
good faith be placed on the ballot.
Question Of the Extra Hour.
The question Of the "extra hour"
bobbed up serenely during the discus
sion. 1t was admitted that some can
didates had filed petitions between IL
and 1 o'clock on the last night. If the
county is working on standard time,
these petitions would properly be con-
sidered by the county clerk as filed on
time. If on the other hand, the adop-
ton of the daylight saving system in
the city was to be considered as bind
ing in state law, the petitions would
be as much too late to put the names
on the primary ballot as if they had
been fled on the day after the time
set by the law.
At the meeting lasc night the candi-
dates were informed that the holding
of the attorney-general would leave
Just eight Republicans on the ticket.
This would include three candidates
for sheriff, three for district attorney,
one for clerk of the circuit court, and
one for coroner. The petitions of all
of these candidates were filed before
the regular closing hour of the clerks
office. The candidates who had filed a
sufficient number of petitions before
the closing hour (normal) on July 25th
included Roy B. White, John Clausen
and John Scholey for sheriff; Frank S.
Symmonds, Ed Ruetz and Lewis Powell
for district attorney; Miss Lillian
MinlSle, for clerk of the circuit court;
and Truman T. Parker for coroner
Petitions of other candidates who have
been held to have had sufficient num-
Der of signatures came in later in the
evening.
Keeps Petitions Separate.
every one of the petitions filed late
in the evening have been kept sep
arate," said the county clerk. "These
petitions must be decided on by court
or by an official who has jurisdiction
in the matter and there will be no de-
cision made to put the names of any
Of these candidates on the ballot until
such decision has been made, Not a
name of candidate whose petitions
we're filed after midnight will be certi-
fed to the ballot"
The action of the county clerk in
declaring himself on the ballot was de-
clared to have shown in the best pos
sible way his good faith in dealing with
the rest of the candidates for office.
He will submit his candidacy with the
name>to be written in Just the same
as other candidates may submit theirs
and he will take no advantage of any
one who may seek office.
Not Peeved, But Puzzled.
Protesting candidates today were not
peeved, but puzzled, and they insisted
that all they were asking was to have
every one who had been mentioned for
Office have his candidacy given the