The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-05-31
JUDGE BELDEN DECIDES.

nOSha county is certain TO De recelVeu With
varying emotions Undoubtedly the judge has
Interpreted the law as he understands it and
there will be few who will question his deci-
sion SO far as it applies to the law in the case.
There is no question that the pleadings before
him have been carefully considered and that
the decision which he has written represents
his sincere and mature view Of the case from
the standpoint of the law in question.
The decision will come as a disappointment
to many people who will be unable to get away
from their idea that in this decision shat court
has disfranchised large portion Of the voters
of Kenosha county and has delegated the cleo
tion of district attorney to two OF the dis
tricts of the county.
While the trickery of the law-and by this
we suggest no "trickery' on the part of the
exp0unders of it, may make possible such
decision, we are not of the opinion that this
was what the people of Kenosha expected
Their expectation of the case was that the
court would decide who was elected district at
torney Of Kenosha county and not who was
the choice in two wards. In answer to this is
the fact that the court did not prepare the
pleadings in this case and if Mr.. Barnett slept
on his rights and permitted his election or de-
feat to be accomplished by the vote of couple
of wards, it was not the concern of the court
We believe that had Mr.. Symmonds been
declared elected to the Office in the various
counts and recounts and judicial decisions
which followed the election, and that Mr.. Bar
nett had appealed from the decision on the
very same grounds as Mr.. Symmonds, using
the wards in which Mr.. Symmonds had ma
j0rity, that the decision of the court would
have favored Mr.. Barnett.
One can not get away from the opinion that
the decision is one based on small portion of
the evidence which should have entered into
the case.
1t shows clearly that W1ile Mr.. Symmonds
may have been elected by legal votes that Mr.
Barnett was defeated by illegal votes.
If the court in his wisdom could have found
a way to decide for just whom the votes had
been cast the decision would sit better Such
a thing is of course impossible and possibly the
court has taken the only way open out of a
bad state of facts.
The decision of the court is most enlighten-
ing. Ever since the enactment of the primary
election law it has been considered that vot-
ing at primary was equivalent for registra-
ton for an election.
We live and learn The decision of the court
in this regard should do much to drive home
to people the need of absolute compliance with
the law in seeking to defend their right of
franchise, The city should go farther and de-
inand that in the future no names be placed
upon the registration lists unless the people
show their willingness to go to the polling
places and register. If we are to be technical
to the extent that the law demands there
should be no delegation of power to election
boards
1t is safe to say that under this holding of
the court every man elected to Office in Keno
sha since the enactment of that law has held
office as a result of votes casts illegally. IF
this holding were closely followed we are of
the opinion that no less than seventy per cent
OF the vote cast at the last general election
would be thrown out as illegal. The people
have not been wholly to blame as this viola
ton OF the law has gone on for many years
with official sanction.
We agree with Mr. Symmonds that if this
contest will bring about more rigid enforce
ment of the election laws in Kenosha county
that greater result will have been attained
than the seating or the unseating of some one
as district attorney of the county
Honors rooted in dishonor' are not sought
hby men who seek official position in Kenosha,
R1n the future the officials Of the city and coun
Fly should see to it that there is no cloud on the
little of men who secure office in the city and
Ecounty.
False econony-the saving of few dollars
Fby eliminating the registrations required by
law-should not be countenanced and the Off
Gals of the county and city Should insist that
the game be played according to the rules.
In the instant case it is to be hoped that the
higher court will be asked to review this deci-
sion. The real thing sought is that the func-
tons of the court review the whole facts in
connection with this election and that the deci-
sion be based upon the vote cast in the entire
county and not on the vote of two districts of
the county.
The desire of most of the people of the coun-