The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-02-14
Legal Fight for Office of District Attorney
is Renewed i'm Summons Which Was
Served This Morning.
GO TO SUPREME COURT AGAI
SymmOnds Appeals to Supreme Court Again for Rul-
ing on the Tie Count on the Alleged
Four Missing Ballots.

Attorney Stewart refused to accept
service of the paper on the grounds
that he is not the defendant in the
action. The sheriff was unable to get
service of Mr.. Barnett, who upon ad-
vice of his physician left for a short
vacation at Hot Springs, Ark, Monday.
In retaliation, Mr.. Stewart declared
that an action will be started immedi-
ately against Mr.. Symmo nds TO recover
the salary Of the Office while it was
held by him, and in addition another
action will be started to recover dam
ages for the expense to which Mr..
Barnett has been put by reason of the
litigation over the Office.
To Fight on Tie Vote.
Mr.. Symmohds stated today that his
fight will be based on the question OF
the tie vote, together with the question
of four missing ballots, and the prob
lem of who shall bear the burden of
proof He claims that the burden of
proof is upon the present district at
torney, due to the fact that he alleges
that in the former action he overthrow
the validity of the election certificate
which was issued by the board of can
vassers.
lie said that he would make mo-
tion that the case be set for argument
before the supreme court at the earll-
est possible date. He stated that it
will probably be considered an emer-
gency case and transferred TO the cal
endar Of the present term of the court.
In the natural course of events it would
not be heard until the fail term.
The appeal, Mr.. Symmonds said, will
be taken on the record of the case
which has been made in the circuit
court since the matter was returned
here from the supreme court with an
order that additional findings be made
on questions whieb<at the time of the
first trial were considered OF too little
m oment to affect the outcome of the
issue: The former district attorney
said that the papers in the case will be
forwarded to. Madison sometime early
next week.
Heavy Damage Suit.
Attorney Stewart stated that the
damage case against Mr.. Symmonds
will involve upward toward $4,000. He
will ask that the salary which was paid
to Attorney Symmonds while he held
the office, be paid back to Mr.. Barnett
for the reason that he (Symm onds) was
not entitled to the position. He will
also sue for attorney fees which have
been paid out by Mr.. Barnett to defend
him self.
Mr.. Stewart stated that he under
stood when the settlement was made
with Mr.. Symmonds, following the last
court fight, that there would be no
more litigation over the question of
the Office and that an appeal from the
circuit courts ruling would not be
taken before the supreme court.
Attorney Symmonds stated that il
was immaterial to him whether Mr..
Stewart admitted the acceptance Of
service or not. He said that under she
law the presentation of the papers up-
on the attorney of record in case
constituted legal service. He added
that it was not necessary for him to
get service upon the defendant himself.
The papers were left at Attorney Stew
arts office just before IL o'clock this
morning.