The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-08-10
GRIMM DECISION
CHEERS LOCALS
Puts Name of Candidate on
Ballot Even Though Pc
titions Were Late.
WILL OF THE PEOPLE
GAINESVILLE Judge Holds that
Error Can Not Defeat the
Will of the People.

The nine candidates who have sought
an alternative writ of mandamus to
force County Clerk Charles L. Holder
ness to place their names on the pri-
mary ballot in Kenosha county are
showing a deep interest in a decision
rendered by Judge Grimm at GAINESVILLE
yesterday in which the court instruct
ed the county clerk of Rock county to
place the name of A. E. Carey, Repub-
lican candidate for state senator, on
the ballot in that county.
Carey did not file his petitions in the
time set by the law An automobile
accident made it impossible for him
to reach the Office of the county clerk
and the petitions were not brought in
until the next day. County Clerk How
ard O. Lee refused to accept the papers
for filing, holding that Carey had not
complied with the provisions of the
law. Carey appealed to Judge Grimm
in the circuit court, holding that it
was the desire of the people, plainly
shown in the signing of the petitions,
that his name be placed on the ballot.
DOES NOE Blame clerk.
Judge Grimm said in effect:
"The county clerk was entirely with
in his nights in refusing to put Mr..
Garey's name on the ballot because the
papers arrived too late. But the court,
on proper proof, would have the power
to direct him to do so. If we do not
give this construction, this subsection
is entirely without effect. The funda-
mental things, the court is not empow-
cred to change. But here is case
where, partly through the mistake
made at the secretary of states office,
and partly through the misfortune of
a breakdown in conveyance, the nom
nation papers arrived less than an
hour after the time limit. The courts
have universally held that if the pa
pers are mailed so that in the ordinary
course of the mail they would have
arrived in time but have, however, ar
rived late, the court would then afford
relief. The situation is the same
whether the mail carried the papers
and some accident held the mail up or
whether the papers were carried by
automobile and some accident held it
up"
Clerk Holds Decision Pertinent.
County Clerk Charles L. Holderness
when shown a copy of the decision de-
clared his belief that the decision of
Judge Grimm was pertinent to the
situation in Kenosha county.
eff the name Of this candidate should
go on the ballot, certainly the names
of Kenosha county should find place."
was the comment of the clerk "The
condition here is even stronger. These
men filed petitions with a number Of
signatures believed to be sufficient and
the number which they had been in
structed to have on the petitions.
have asked that full copy of the
decision be sent to me-"
The statute which the GAINESVILLE
judge held covered the situation says:
"This statute shall be construed to
give effect to the will Of the electors
if that can be ascertained from the
proceedings Notwithstanding informa-
ton or failure"
The same section of the statute will
be urged when the hearing of the ap-
peal for writ of mandamus as sought
by the Kenosha county candidates
comes up before Court Commissioner
Calvin Stewart tomorrow morning.