The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-10-18


district attorney of Kenosha county,
will remain in Office pending further
court consideration of questions aris-
ing from the November, 1922, general
election, the Wisconsin supreme court
held today in reversing decision by
Judge E. B. Belden, in Kenosha coun-
tv circuit court, which had held that
Frank Symmonds had been elected
district attorney and Barnett defeated.
The supreme court ordered the low
er court to snake further findings up
on the record as it exists and enter
the proper judgment pursuant to such
findings"
Justice Owen writing the opinion
e. ticized the former district attorney
bringing the action other than as
personal suit. His opinion held that
NE lallrss of GA electors whose vote
were put in question by the case
Should have been counted and shat
the court erred in treating the 638
votes similarly aituated as illegal and
appc rtioniags tise i between, the relator
md defendant. It was held that bal
let's cf absent voters should be count
81 again, and should be held void be-
cause o. dereliction in the duty OF
electio1 officials.
Gwen Writes Opinion.
The opinion in the case covers many
pages of manuscript and it is admitted
to be one of the most involved opin-
ion ever handed down by the supreme
court Great care in the study of the case
is evidenced by the manner in which
the court went into the several con-
tentions, made by the relator. An an
alysis of the opinion shows that it is
the opinion of the court that Barnett
is entitled to the office and the, order
to the lower court is for a review of
the findings rather than for re-trial
of the case. The court has not advised
a re-trial of the case. The full opin-
ion viii probably reach Kenosha some
time tomorrow and later on it is ex-
pected that Judge Belden will act in
keeping with the order of the court
Attorneys were inclined to believe that
Barnett was entitled to exercise all OF
the functions of the Office at once as
the decision Of the court reversing the
ACCESSION of Judge Belden places the
status Of the case where it had been
before Judge Belden handed down his
lecjsion.
Court Raps Symmonds.
The decision raps the relator fol
me manner in which the case was
lrought into court.
s'The relator points to the fact that
he complaint does not ask for judg.
L - al
cd to the Office of district attorney
says the opinion, in referring to the
Spmmonds complaint, "but that the
purpose of the action is merely to es'
Ablish the illegality of the defend.
ants title to the office. A considera'
tjon of the complaint as whole viii
conceal the REALTORS personal interest
in the controversy and quite as futive-
ly reveals, as the impelling motive
The purpose of redressing grievance
against an outraged public. One car
upt avoid the conclusion that this ac'
ton. would not have been sponsored by
the relat6r, were it not for the pri.
vate interest irvolved."
Relator Claims No Majority.
Continuing his consideration of the
case filed by Mr.. Symmonds, Judge
owen said: 1T is true the relatol
aaroitly avoids any claim that he re.
ceved a majority of the legal votes
cast at the election for the Office OF
district attorney, but proceedings
nevertheless, eyentuated in judgment
10 that effect. Now bearing in mind
that Che legislature deliberately re-
qutred the relstor, claiming to have
.eceived o majority of the legal votes
cast for an Office to state the names
persons whom such relator shall
claim voted illegally at such election
COR the defendant. and confning him
o such allegation in his proof, may
30 unsuccessful candidate escape such
j burden by yielding any claim that
le himself received q majority of the
egal votes. and introduce proof ad
ibitum and takes chance that the
curt will pro-rate the Illegal votes
,etween him ard the successful can.
idate and install him in the office, as
as done here? We believe that the
judicial sanction of such, proceeding
,ould point the way for unsuccessful
andidates to avoid the duty imposed
pom them by the legislature, for the
lain purpose of discouraging such