Show JUDGE EMERYS DECISION Decides That Mansfields Protest Is Not Valid Judge Emery yesterday handed down his decision in the matter of the protest of L R Mansfield to the certificates certifi-cates of nomination of the candidates of the Citizens Reform Party Jyiock ing out the protest as was anticipated Judge Emerys decision is entitled Decision in the matter of the protest etc and bears all the earmarks of the work of one who has given the subject calm dispassionate thought Hon John T Caine chairman of the Candlelight club and Master Albert Reiser were the only people present during the recital Mr Emery set out with great prolixity I prolix-ity the objections of Mr Mansfield and then related The matter coming on for hearing Oct 29 1897 the objector requested that AV C Bowrlng and certain cer-tain other witnesses be subpoenaed by the city recorder to appear and testify tes-tify The defendants by counsel objected ob-jected to the jurisdiction of the ° city recorder in the matter of subpoenaing witnesses or of entering into any examination ex-amination whatever of the allegations made by the objector in his protest with the exception of that relating to the party emblem or device Upon this the recorder holds 1 That he is not authorized to compel com-pel the attendance of witnesses to punish them for contempt or guarantee baran te them pay for attendance 2 That he is fully authorized to ascertain certain whether the requirements of the law in the number of signers have been met in the certificates of nomination their residence etc And he may hear evidence necessary to satisfy his mind in relation to the foregoing facts The recorder states he called for evidence evi-dence and relates that none was offered by the objector but that he permitted the three notaries to rush in and square themselves He then holds that the burden of proof falls on the objector i Next he decides seriatim that all the I ul tla objections are overruled The only humor hu-mor in the decision is manifested in the last paragraph This relates to the emblem em-blem Emery states that it is illegal to have any words or mottoes on the device because if such were permitted a party might cause its entire platform to he printed on the ticket and confuse and embarrass But the objection in this instance i was not sustained for the reason that the certificate of nomination nom-ination was filed with the distinct understanding un-derstanding that the motto Patriotism Before Party would not be placed upon the official ballot While it makes not a bit of difference differ-ence with the condition of affairs the entire emblem was filed with each ticket and there wasnt a word of explanation ex-planation to show that any understanding understand-ing existed Mr Emerys dodging in the last sentence is humorous I places him in a peculiar light in this that he has understandings with people in the transaction of business which are not entered of record until protest against such methods are made Then the convenient understanding is brought into play and made to do good service From indications it Is evident that he could do nothing but deny the protest as to the certificate of nomination nomina-tion but in the matter of the emblem Mansfield won a victory of which he was robbed by an understanding with I the recorder |