The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-01-13
CONTESTS DECIDED.
The state supreme Court Decides That II
Has No Power to RecoHvsae the state
4 q -

fulfilled its duty as required by the
the statutes and adjourned or dis
solved.
The decision was made in the case OF
Joseph Rosenthal against the state
board OF canvassers on a motion made
by the attorneys Tor plaintiff to quash
the answer to the alternative writ of
mandamus The question at issue was as
( to whether the board of canvassers had
Z the right 70 reconvene or be recOnvened
I by order OF the court to canvass amended
returns There was no dispute as 10
I the facts Rosenthal received a aior-
7 ity of the votes cast for representative
B in Haskell but BIZ mistake or other
wise ". II. Hussey. the county clerk.
{ gave R0senthaIs vote to his opponent,
W. VI. Stubs, in his certified returns
The state board &C canvassers having
only these mistaken returns before it
issued 4 certificate OF election 70 NJ
Stubbs. no pro est or objection being
made at the time Nineteen days after
the beard adjourned or dissolved, Is
Chief Justice Horton puts it, the secre-
tary Of state received certified returns
which showed that Rosenthal. aud not
Stubs. had been elected
Judge W. C. Webb aud Judge Frank
Doster. attorneys for the plaintiff. IN
their argument on the motion to quash
argued that the state canvassing beard
i n continuing body: that it acted on
false returns. and tEat i could there
fore be made to reconveHe ana review
its work. In his argument judge Webb
admitted that the board could not re-
convene Of its own voi.tion. bat that
the court could order it TO reconveue.
The argument of the attorneys Tor
ROsentnal was nOticesO,y weak, be-
caus- OF their inability to produce de-
cisions bearing on their claims
ACKNOWLEDGEMENT Ives argued that 4
board OF cauvassers could not b. re-
convened after 1t had performed it,
duty and adjourned without date Au-
thar.,y was cited to show that sc
courts could compel canvassing boar.s
To do only what the law specifically -e-
guire, Of them. and what they can VOL
unfairly, or 20 perform some duty that
they mad omitted.
A. the close OF the arguments the
cCU-t adjourned until o'clock. the
hour set t-r hearing the Corey county
ease On recouvening and before tax
ing IN the Coffey county case Chief
Justice Horton delivered the opinion Of
the court orally u the Eo>entnaI case.
tie went into the merits % IL ard f-,.-
qucntly referred to recognized legal au-
tac-I,!es and To former decisions OF the
court lie first defined the functions of
a W.T. of maCdamUS, showing that il
was created TO compel the performance
o. -OGne duty that hal been neglected
lie referred to The fact that the counsel
for the defense admitted in ;heir a--u-
neat That the board ecu 4 Eos recon-
veue OF It's own volition. AID held taat
II i coI,d 10, on It's ovl motion that
the euuct had 30 power Ia force it 10
do 50 lie said That if tho nanaamEs
was ls-Eed II would necessarily carry
with II the implication tLac Tue board
had failed 10 perform it, duty. and
shoulder upon II the penalty IF the
costs u the case In conclusion JUS
tee Horton said that the C1ly point %
be deterIu ueG by evidence was neither
tae 0oard naa adjourned without, GATE
prior To ch- -cceips by the secretary Of
state o. tire amended returns
Judge Frank Doster. a. the coac,u-
son Of the opinion, sad that &c and a.s
associates were no decided a. 10 tI,ir
further action and ASKED that tie OF
feyv.,le case BE- taken up before they
procee,.cd further. Tge decision Of
JJ>tic,. horton j. practically final ior
the records show that adjournment Of
the c.lava>>In- board vas E2L nineteen
DAYS prior 10 the veceip, % tae asne aGed
returns
Inc clerk and county commissioners
Of CoTey county were IL attendauce
vi:h the records show M the canvass
made OF IA. e;ce;io1 returns L was
shown that II Avon township the
township trustees in counting the taI-
lies OF ;ne votes tou1t Ejnety-siS- AID
81 designated On the tally shecc re-
turned To TIE commissioners The com
,aiSS5oEers, follow N "a rule whi.h has
been il force IN CoEey county tor .
eight vars, coaGted thetailles and ild- .
ing ulnety-iive 80 reported ID tae state T
boar. OF clnva,ser, twas not Gisouced .
that ;h- board had bAcn u tie habit OF
c5-rect.lg re turns fro--. township c.er : .
in this way for years, ami ,lat they
had found II necessary 70 maze many f.
during tins period This +
year tventv--Cl-r corrections o. tnls .
Al sd were made. most OF them against .
-eDU oiican candidates for various ol.i-es, +
aithou-a the ONLY e--o- OF vital inpo--
lance was the one II tie ease os Mr..
Rec. the popuist candidate for the le-is-
atuCe- Inc pe0D e party member OF {
-ne boa-l made objection u returning
. votes foc Rice instead OF % and
noted his OBJ -c,iol OF II. IaIr-.n OF
tie certified return sAee- He testified ,
tia; the TALES. however, Numbered
Dut % Had NJ Rec been given IS
-oteS 4 Avon township n. woa. ID have
oeeu elected. C1c with - his vote was
lied with that OF his republican oUpo-
lent. T T. Bu.linCer
IN the Jackson county case the court
had previously rendered a decision N
favor Of the repu biicJn member, hold
ing that i was clearly the intention Of
he leElsla,u -e 20 include Hoito- ia the
district, and II Republic colaty II was
led that the ulspEiat 81 the number
Z the district dix Tot i1v4lidate the
election
Colorado ~eaate Dead Locked:
DENVER Col. Jan q The senate has
esOlved itself into a deadlock AID
when Il viii get out OF the muijle no
nan can tel The seven democrats
snOva 2s the white wings faction,
lave the balance Of power and declare
hat they viii have large proportion
I tie Offices or not proceed further
With the business for the full tern OF