The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-08-17

erly placed in nomination at the pri-
maries. would, however, be deficient
in my duties as district attorney if I
failed to point out to your honor what
l deem to be obstacles in the way of
having a proper ruling made upon a
proper petition made and presented.
l appreciate keenly the position in
which l am placed, by what seems to
be, but in reality is not, that of OPP
position to any of these candidates
names being placed upon the primary
ballot. While this matter before your
honor is only preliminary and the real
decision will have to be rendered by
the circuit judge, nevertheless it is
essential to the welfare of not only
these petitioners, but to the public as
we'll that no mistake be made in the
preliminaries in obtaining a peremp-
tory mandamus. 1t is because | deem
TONERS and this defendant but the pub
lie as we'll, that I desire that no tech
nicalities or the failure of the filing
of a proper petition, shall be the cause
of an adverse decision, where possibly
it might be thought favorable deci-
sion might have been made, had the
matter been properly presented. 1t is
for this reason that / have filed a de-
murrer to the petition and order to
cause and not with any idea Of defeat
ing these petitioners in their purpose
of presenting this matter for favor
able decision. / believe the petition
and order to show cause is so defec-
tive that it does not even show prima
facie case for an alternative writ of
mandamus. If this is the case, it
would be foolish and absurd to grant
such an alternative writ upon such a
defective petition and thereby possibly
ieopardize the interests of all candi-
dates, where if a proper petition were
filed, they might find relief. A close
reading of the amended petition,
think will satisfy your honor beyond
anv question that it is fruitless to pro-
coed any further on such petition
Your honor by stretching the point to
the limit would not be justified under
the law, in claiming that any grounds
even though your honor might see
way to grant the alternative writ upon
this petition, nevertheless when the
matter comes before the circuit court
upon trial, motion to quash would
certainly be entertained under the
present amended petition and your pc
titioners would certainly be in
dilemma. 1t is to oviate such situa-
ton that l most earnestly request your
honor your closest attention and con-
sideration upon this argument. Your
honor we'll knows that mandamus
proceeding is in the nature OF an
equitable remedy and will not lie only
in case there. is no remedy at law.
To me, this is an essential allegation
in the petition and is lacking IN the
one before this court.
The petition fails to state the num-
Der of signatures for each candidate
necessary to be filed; those actually
filed. if filed; those rendered or offered
for fling and not filed, if any; or
those obtained but not filed; neither
does the petition set forth any duty on
the part of the county clerk to file the
signatures for each candidate in any
of the afore named instances. No
where in this petition is there any GER
tain allegation of the fact of filing
any nomination papers for any candi-
date, nor the offering or rendering OF
them to be filed; neither does it re-
late any of the conditions or circum-
stances or time of filing nomination