The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-05-31
No One Knows Who is District Attorney and
Clerk Declares He Doesn't Know if
He's Afoot or Horseback.
SYMMONDS WANTS PAY FOR MAY
Question of Who Win Pay Symmonds Back Paw" and
Who is District Attorney While Barnett
Carries His Appeal Higher

droll comment to make about his an.
omolous situation. He still holds a
certificate of election. issued to him
.ast fall by the county clerk on Judge
Felden's order, but by Judge Belden's
most recent decision this will be voided
Just as soon as judgment in the quo
warranto proceeding has been signed.
Late Monday afternoon Judge BeIden
met in circuit court with Frank &
Symmonds and Morris Barnett. With
them were John F. Kuehnl, who has
been assisting Mr.. Symmonds as coun-
sci, and who, it is rumored. is to he
the next assistant district attorney.
and Edward F. Ruetz, some time as,
slstant district attorney, and L. E. Vau-
oreull, who as Calvin Stewards Junior
partner Is representing the firm of
Stewart d. Vaudreuil in Mr. Stewards
absence
SymmOnds Wants Certificate.
Morris Barnett, through his at+or-
neys made it clear that appeal would
be taken to the supreme court from
Judge Belden's decision and some of
the matters discussed were VINO in the
meantime was district attorney.
Symmonds held that he was district
! attorney instanter en- the fndinos of
Judge Belden and that it was not neces-
sary even for judgment to be entered
oeIore he was entitled to take over the
books and the single and the telepbons
number "3341" and other fitments that
go with the title of district attorney.
he also opposed Judge Belden's grant
ing stay to Barnett.
Who Is In Office Now?
"As / am" said Mr.. Symmonds To
Judge Belden, "the person competent
to advise the county under your deci-
sion, and the person whom the people
nave chosen to represent them as dis
tr1ct attorney, it is not right that the
services of the person so chosen should
longer be withheld
Judge Belden held however that Mr..
Symmonds would not properly be in
office until judgment had been signed
by himself as circuit judge following
his decision in the quo warranto trial
Judge Be1den said that the question of
whether stay should be granted or
denied would come up then after judg-
ment had been entered. On the state
ment of the judge that he expected to
be out Of Wisconsin this morning, Mr..
Symmonds FASTENED away to prepare
the findings and conclusions of law for
the judges signature.
Holderness Wants to Know.
County Clerk Charles L. Holdernesa
came forward in the midst Of the dis
cussion with a request to Judge Belden
that the latter tell him where he stood.
II don't know whether Pm afoot or
horseback" walled the county clerk.
whats the difficulty y asked Judge
Belden.
We'll, for one thing, Mr.. Symmonds
wants me to issue him a certificate of
election" replied Holderness. ct will
be remembered that the county clerk.
on the order Of the circuit judge fol-
lowing the recount before. "a referee
last fall, issued a certificate of election
to Morris Barnett.) <ttY@ffAttt4y
"Mr. Symmonds does not need and
does not get a certificate of election"
replied the judge. "He will hold Office
by virtue Of the judgment rendered
now in the quo warranto matter"
"But don't know who to pay" con-
tinued Mr.. Holderness. "Mr. Symrnonds
came into my Office today for the pay
ment for the Office of district attorney
for the month of May. I have been
paying Mr.. Barnett all along because
he has been doing the work"
"If you get into any trouble about
the matter, come to me-" said the
judge.
But" said the clerk, "I haven't got
ten into any trouble yet, but it will be
when pay one or the other that may
get into difficulties"
Judge Belden did not advise the clerk
which Of the~two men, Barnett or Sym
monds, he should pay for the month
Of May, and Holderness was obliged to
retreat with his problem unsolyed.
Does Symmonds Get Back Pay?
A number of the other amusing qucs-
tions that have arisen center about the
question of the salary involved in the
office, for instance:
Mr.. Symmonds claims that payment
for the last five months and the rent
Of his suite of rooms in the Dale build
ing are due him, and who viii he sue
for payment, if he does sue, the county
or Morris Barnett? VIII the county
be obliged to pay for the two prosecu-
tors for the length Of time that the
action has been contested?