The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-11-09
Scheme to Rob Marshall Gep
hart of LaureIs.
Question Raised by C. F. John
son Who Was Last In Race.
AN INGENIOUS PLAN.
State Officers Tell How Things
May Be Done.
People Elected Gephart But
That Makes No Difference.

An interesting question grows out Of
the election for judge in the Jefferson
Jackson county district There were
three candidates, Charles +, Johnson
and Frank HurreI. Independent Repub-
licans, and Marshall Gephart Democrat.
Gephart and HurreI were on the ticket,
simply for district judge" while john
sons name was on for district judge
long term" and for district judge.
short term" johnson was appointed
by Governor Stanley to hold until the
next regular election" and conse-
quently, that commission will expire
when the state board canVasses the
vote on the last Wednesday of NOvem-
Der.
In the election Tuesday Gephart was
chosen and Johnson was third in the
race. Still. since Johnson was the only
candidate who ran for both terms. he
claims that the term for which Gephart
was chosen, was the one to be tmmed-
lately filled, in other words the short
term, which runs until the first Mon
day in January.
The question will come up for deci-
sion before the state board of canvass
ers which must issue a certificate for
each term and consequently must de-
eide which Of the candidates is entitled
to the long term.
The board is composed of the six state
officers and already they are discussing
it among themselves
Auditor Cole believes, without haV-
ing inquired into the question. that the
common sense view of it. is that when
the people voted simply for district
judgeHit would be an assumption of law
that they intended to vote for the Of
flee to be Immediately filled-that is the
unexpired term-and that Mr.. Johnson,
having run for the long term" distinc-
lively, ought to receive the certificate
for that term.
Mr.. Cole says. however that the in
tent of the voters should be considered
and that he will take up the case with
an unprejudiced mind. He believes
that it ought to be passed to the Su-
preme court because he thinks it is a
question for lawyers and not for lay
men.
Treasurer Frank Grimes takes Mr..
Coles view of it, and if Mr.. Johnson
contests he wants him to do it in the
supreme court if possible
Superintendent Frank Nelson be-
Ueves that it was the intent Of the peo-
pie to elect Gephart for the long term
when they voted. He believes they had
no thought of the short term, presum-
ing as the people generally do, that
when the governor appointed him it
was until the regular term in January
Governor Stanley and Secretary Clark
declined to discuss the subject when
it was presented to them and Attorney
General GODDARD is not in the city.
Another interesting question comes
from Finney county, where Charles A.
Schneider, Republican candidate for
county clerk lacks four votes of an
election. 1t is said, however, that four
inmates of the state soldiers home at
Dodge City, but citizens of Finney
county. voted for Schneider, which by
a law passed by the legislature of 1893
they We're entitled to do. The county
clerk of Finney county has telegraphed
to the secretary of state for the neces-
sary information and the secretary in
turn has wired to the county clerk Of
Ford county where the soldiers home
is located