The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-10-18
Reyerses Decision of Judge Belden Seating
Frank S. Sy1nmonds and Declares
Barnett in Office.
MUST COUNT THE VOTES AGAIN
Court Lays Down Rules for Circuit Court to FOLLOW IN
Counting Votes and Holds Court Should Act
Criticize Symmonds for Action.

proceedings Wnere puDFlc AhISAcoe9 a.
not involved and thwart the rather
plain purpose of the statute"
Would Shift Burden.
Continuing the opinion says: A
defeated candidate by proceeding in
directly should not be permitted to
avoid burdens which he must assume,
if proceeding directly. We therefore
hold that the relator should have been
confined in his proofs to the ga voters
whom he alleged, in his complaint, to
have voted illegally at the election.
We are clear that the votes of these
sixty-four should not have been held
illegal. We therefore hold that the
ballots of the sixty-four electors,
whose votes were put in question by
the REALTORS complaint, should have
been counted and that the court erred
in treating the 538 votes similarly sit
uated as illegal and apportioning themI
between the relator and the defend
ant in proportion to the number OF
votes received by them in the respec-
tive wards"
The court held that Gin order that
the constitutional right of the voter
shall not be abridged by official der
ELECTION and without any negligence on
his part, it is necessary that such I'M
endorsed ballots as the court may find
upon competent evidence to be the
ballots of absent voters, should be
counted" 1t ruled endorsement of
ballots of absent voters is duty that
election officials must perform. All
depends on count of these votes of
absent voters who has election.
Cali of the votes of absent voters
were properly counted in the certifca-
tion OF the election as made by the
county canvassing board which declar-
ed Barnett elected by two votes).
Apparently by the decision of the
supreme court the district attorney
contest is not yet at an end, but Nor
ris Barnett will be district attorney
until the final decision is reached.
The long contest has been viewed
with great interest by voters general
ly, as the question of whether or not
failure to register or rather to be on
the registry disqualifies otherwise eli
gible electors from casting ballot in
the general election.
Judge Belden in circuit court held that
failure of 583 Kenosha voters to have
their names on the registry list dis
qualified them from voting and gave
the election to Symmonds. From this
decision Barnett appealed.
Votes Counted Many Times.
The contest for the title of district
attorney of Kenosha county has con-
tinued ever since the November cleo
ton of 1922. On the first announce
ment Frank Symmonds was declared
district attorney by majority of 10
votes. After the formal count was
taken it was found that there had been
an error in arithmetic, and Symmonds
was found victor by majority of two
votes. The vote was so close that
Morris Barnett asked recount. By
the recount Barnett was found district
attorney with a majority of one vote.
Frank Symmonds then asked for a
recount, and the votes were again pa
tiently counted, doubtful ballots CIV
en- consideration from every angle that
was fair to both candidates, and it was
found that Barnett was victor with a
ajority of two votes.
Symmonds appealed from the deci-
sion of the canvassing board to cir
cult court. Judge Belden appointed
Charles WEIGH referee. In December,
1922, WEIGH, after patiently and
painstakingly opening the bags and
counting all the votes again, rendered
his findings, that Morris Barnett was
district attorney with a majority of
twenty votes. Judge Belden sustained
the findings.
Symmonds in Quo Warranto.
Morris Barnett as successful candi-
date with majority of twenty votes
took the office of district attorney on
January 1, 1928. He appointed as his
assistant Edward F. Ruetz. Frank
Symmonds Immediately commenced
proceedings of quo warranto in cir
cult court to Dust Barnett from office.
Symmonds claimed that the election
was illegal due to the fact that some
500 persons had voted at the Novem-
Der election who were not on the reg
istration list.
Barnett retained as counsel Calvin
Stewart. Stewart and later his part
ner, L. E. Vaudreuil, were counsel for
the defense and were aided by Ed
War0 RuetZ, now Junior partner OF the
firm, Taylor and Ruetz. The legal bat
tie waged for months.
Circuit Judge Decides.
After long hearing in circuit court
on motions and counter motions, Judge
Belden rendered a decision on May
80, 1928, finding that Frank Symmonds
was the rightful holder of the title
and BUSTING Morris Barnett from office.
The contest was carried to supreme
court in an appeal from the decision
of the circuit judge.
! Train Hits Auto: