The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-01-03


which had many hearings in court and
which has been rolling along for a
year, was defeated again, as in his
appeal to the supreme court, and by
Judge Belden's decision his complaint
in quo warranto against Barnett is
dismissed.
Judge Belden found that a tie vote
existed between Morris Barnett and
Frank Symmonds after he had followed
the rule laid down by the supreme
court The crucial paragraphs in the
decision of the circuit judge are the
two final ones which read as follows:
"The situation now is not the same
as it would have been had a tie vote
been determined upon the official can
vass of the ballots and before certi-
fcate of election issued. Nor is it the
same as though a quo warranto action
had been brought by the attorney gem
eral or a disinterested private person
in behalf of the people.
"Where two candidates have received
an equal number of votes, the one who
mas been declared elected and is in
possession of the office is the prevail
ing party in a suit to Gust him. The
court will make proper findings and
enter judgment Diminishing the COM
plant"
SymmOnds Cannot Hold Over"
Frank Symmonds in his argument
lad pushed the point that he was
either victor by one-fourth of a vote
majority, by vote and fraction, on
lis contention that Barnett carried the
lurden of proof, or else that nobody
vas elected and that he held over
On tho po;nt Of holding over" Judge
}eldep Sai:
"The u. an being considered by
nc couy,s 10 be a valid election, with
20 situation of predecessor incumb-
mt in office holding over"
Decision Came Down at Noon.
Judge Belden gave his attention i'm
lediately to the case after hearing the
rguments of the attorneys after the
,mittiture arrived last Friday from
he supreme court, in order that Keno
aa county might know who was in
act district attorney of the county be-
ore the commencement of the new
ear.
This morning the decision was sent
own from Racine by Judge Belden
through a special messenger and ar
ived in the office of the circuit court
Jerk George Stevens. The only per-
ons present when the papers vert
pened were Frank Symmonds. -
Jerk and deputies and newspapes
esentatives The circuit court G."
once informed Mr.. Barnett and his
ounsel that. the decision was in the
flee and copy ready for them.
Symmonds to Continue Fight.
"ouite a Jolt, isn't it," declared At
orney Frank Symmonds when inter-
iewed this afternoon regarding the
rider handed down by Judge f. B. Bel
len holding that Attorney Morris Bar
lett and not he was entitled to the of
ice of district attorney. Mr.. Sym
nonds did not attempt to conceal his
turprise at the decision stating that
t was so unexpected that he could not
.utline definitely what his next course
If action would be.
81 have a line of action mapped out, y
he stated further, ''but l do not care to
}eclare what that will be. 1t is in the
inc of another appeal to the supreme
curt and in such case l would seek q
tay from that body. The case has
lready cost me considerable money
nd if no action is taken further, it
ill be because I have not the means
continue the fight"
Mr.. Symmonds let it be understood
hat his present attitude was to carry
ne fight back to the supreme court but
omitted that in the interim it might
e that Attorney Barnett would occu-
" the office.
On Burden of Proof.
Attorney Symmonds indicated that
5 would seek an appeal probably on
re question of where the burden of
oof rests in the case.
'In the face of the order handed
own by the supreme court" he stated
can see that there is some reason
the finding made today by Judge
slden. I think, however, that he has