The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-11-08
|SYMMONDS WILL
CARRY FIGHT ON
Gains Time by Filing Peti-
ton for Re-hearing in
Supreme Court.
IT MEANS FORTY DAYS

frank symmonds, after stating that
he believed under the supreme court
decision ne would De entitled to hold
Office, apparently has not been so con-
1dent ii thinking the matter over, for
ne has fled upon Stewart and Vau
dreuil, attorneys for Morris Barnett,
a motion FOR a rehsaring of the case,
before the supreme court.
| This will gain Symmonds the adj
vantage OF staying in Office some time
longer, pending Isle legal interim that
! it is customary to allow during che
consideration of a re-hearing. Bar
nett's attorneys are confident that the
re-hearing would be denied, as they
pointed out this morning that in the
entire history of the supreme court it
has been only once in blue moon
that a re-hearing before that body has
been granted, and not under cireum-
stances where the decision has been so
fatty against the person making the
application, as they hold this decision
of the supreme court is against Frank
/ Symmonds.
Meanwhile Symmonds has ten days
beyond the regular thirty days in
which to file his brief in re-hearing,
that is, he has forty days beyond Oct.
16 when the supreme court decision
was returned; Barnett, ten days after
THAT in which to file the answer and
then there will be the days before the
supreme court, considering both briefs,
will decide whether or not re-hearing
will be granted.
Symmonds Gains Time.
This will give Frank Symmonds an
additional forty days all told in which
he will continue to hold Office, despite
the fact that he was criticized IN no
uncertain terms by the supreme court
for bringing the action in quo war
4 ranto in the name. of the state in the
! first place, when it was plainly his
own private interests which he was
forwarding.
i The contest for the title of district
attorney has so far been without a
the contest partakes of the features of
the contest from the first instance.
Contest Bewildering.
There have been so many moves in
this strange Battle of the Pike" that
the contest has been like chess game
to those on the outside. There have
been many strategic moves ana minor
victories but the call of "Check- mate"
which ends the game, has not yet been
sounded.
One most important question has
been settled Frank Symmonds named
500 voters in the Sixth and Eighth
wards whom he called illegal" be-
cause although they had voted at the
4 primaries the names were not on the
posted list as registered voters. Judge
Belden sustained Frank Symmonds, and
held that these voters were illegal. The
Isupreme court in the decision returned
October 16 and written by Supreme
Justice Owens, held that these sos
Sixth and Eighth ward voters were le-
gal, that their votes should not have
been thrown out and should be count
ed in reconsideration of the case.
The "remittitur" or papers which
reverse the decision Of Judge BalF"i
have not yet been returned to the cir
cult court here as it is Gust ;ma3'y 70
allow thirty days for a motion for a
re-hearing, although a re-hearing is
seldom granted. Frank Symmonds
still holds office, as Judge Belden de-
MED the motion of Calvin Stewart for
custer of Symmonds. Judge Belden
holds that until the remittitur is re-
turned this court can take no official
eognizance of the supreme court deci-
| sion.
In an interview today, Mr.. Symmonds
fstated that, while he felt certain that
| he could win the decision in the low
er court, yet he felt it his duty to at
tempt to present the case to the SUI
preme court again, in order to allow
them the opportunity of seeing how
this decision practically knocked out a
long line of other election decisions.
"The real trouble was that we were
not given sufficient time in which to
present our cases. The time limit set
for these arguments before the su-
preme court is 80 minutes. In a case
of this kind, where we had to dig into
so much law, and consider so many
cases in point, with different angles.
/ the limit was too short.
''While l feel confident that / could
win on the record as it stands at press
! ent, 1 am fighting for a just decision.
! | feel that the supreme court did not
have the opportunity to have all sides
of the case presented before render
ing judgment.
Decision Knocks Out Law.
"Thfs decision practically sets aside
che effect of long line of decisions
made by the supreme> court itself.
These decisions have stood for many
years. If they are not correct the only
method / know of to knock them out,
is to have them declared unconstitu-
] tional. This has not been done.
"And yet the decision which they
handed down on the 10th of last month
practically does this very thing. This
leads me to think that the decision
was not properly considered by them"
Cheese Company Goes