The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-03-15
Judge BeIden Takes Matter
Under Amusement After
Hearing Arguments.
STILL CLAIMS OFFICE
SymmOnds Insists to Last that
He Is the Present
District Attorney.

Declaring that there was dubious
light over the whole election, Frank
S. Symmonds, contestant for the title
Of district attorney, in closing his ar
gument before Judge Belden Friday
afternoon asked the court to declare
the election, so far as the district at
torneyship is concerned, void.
In addition to his arguments of the
morning, Mr.. Symmonds maintained
that Barnett was barred from hold
ing office because he had not filed his
bonds in time and they had not been
properly registered. This was denied
by Calvin Stewart, who represented
Barnett in the hearing on the demur-
rer, who insisted that the bonds had
been presented in time and that there
was only slip in failure to have
them properly stamped.
Judge Makes No Comment
When all the arguments were clos
ed, and they were of some length on
both sides but particularly on the part
Of Mr.. Symmonds who spoke for three
hours, Judge Belden gathered up the
complaint, the briefs and the statutes
cited in the case without comment.
In reply to the question Of when he
would be ready to give a decision in
the matter he replied that he did not
know, and gave no indication OF what
his finding might be.
During his argument on the demurr-
er. Symmonds maintained that he was
still the district attorney for the coun-
ty only barred by the certificate which
document he said he attacked.
Says He's Still Prosecutor.
II claim that | am at present dis
trict attorney of Kenosha county,"
said Mr.. Symmonds in conclusion,
"and that | cannot act by reason Of
the fact that Mr.. Barnett holds the
certificate of election. He is prima
facie district attorney. BY reason Of
the situation he is de facto officer
and is that by the certificate Of cleo
ton.
ait is this certificate of election
which l am attacking in my complaint,
and there are facts sufficient in my
complaint to furnish grounds for the
proceedings l have taken, and for the
apportionment Of the votes. / ask
that that vote be apportioned.
"Can your honor do anything else
than declare this election void? Is
there anything certain about this cleo
ton, so far as the office Of district at
to1Siey ~ concerned? / think not and
do not think that your honor could de-
termine anything from the facts eth
er in favor of Barnett or Symmonds.
"The whole gist of the case is, BY
what right does Morris Barnett hold
title to the office of district at
torney? Have I not shown that he
has no right to the office? There is
enough doubt about the whole thing
to void the election. This court can
pass judgment and say that that cleo
tion was void, and if this court is adj
vised as to who was elected to the
office of district attorney, the statute
gives him the right to declare that
person the officer"
"The gist of this whole action" said
Calvin Stewart concluding the argu-
ments on the demurrer and speaking
for Morris Barnett whom he repre-
sents as counsel, "is that this mat
ter was once tried land determined by
this court, and Mr. Symmonds is now
; trying to get this court to over-rule
itself. He is attacking the Judgment
of this court which held that Barnett
was elected by a majority of twenty
one votes"
''Mr Symmonds has spoken of a sum-
mary proceeding. 1t has not been so
summary but rather wintry for the
defendant, Mr.. Barnett. He has been
compelled to come here week after
week, to hire counsel at considerable
+ expense, and to leave his office to
come here and appear in this suit.
"There is nothing further to add
than to repeat what said in my open
ing argument: that this case has been
prosecuted clear through to judgment,
and that a private relator is estopped
when he comes into court under such
circumstances"