The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-10-03
After Winning His Injunction
Suit Makes a New Move.
Declines to Sit as Member of
the Contest Board.
HE WANTED TO SEE.
Heard of Charges and Wanted
to Know Their Nature.
Had No Intention of Sitting in
the Case.

Judge Hazen handed down his decision
in the Clark injunction case this morn
ing, and dissolved the temporary restrain
ing order after deciding that he had no
jurisdiction in the matter.
Carey Carroll, who was nominated by
one faction of the Twenty-frst senatorial
district convention, while the other fac
ton nominated G. w. Mcknight, secured
a temporary restraining order from the
Shawnee county district court to keep
supporter of Mcknight from sitting with
State Auditor Cole and Attorney General
GODDARD as a member of the contest board.
The arguments were made Tuesday at
ternoon.
In handing down his decision Judge
Hazen said I'm 1894 this same question
was. before this court and elaborately ar
Sued ana determined. Ihere is nothing
to abridge the legislature in making the
decision of the contest tribunal final. We
must look as II the legislature mad given
the right of appeal. 1t may become i'm
portant to know whether the board is
Judlela1 and whether It can be said to be a
court or not The legislature has con-
ferred authority upon three state officers
to pass upon nomination papers. If the
power is given the courts TO enjoin one
member, the entire board might be en-
Joined If the facts warrant. When the
legislature has said that a special tri-
bunal is qualified to pass upon certain
questions it would be an interference upon
the part OF this court to step in and at
tempt to overthrow that power. It seems
to me that this court has no jurfsdiction.''
CONTEST GOES ON.
Surprise was expressed when Attorney
General GODDARD and State Auditor Cole
walked into the senate chamber to con-
vene the contest court. Secretary Of
State Clark was not with them. The
absence was soon explained by Mr..
GODDARD, who read the following letter
from Mr.. Clark:
'"The day after the Alma convention
the Manhattan Nationalist published
that I intended to sit in the case of
Mcknight VS. Carroll and that if I at
tempted to do so that affidayits would
be presented to prevent my sitting. I
also learned this from other sources
Under the circumstances. and with that
threat staring me in the face, not know
ing the character of the attack I
thought it no more than just to myself
and friends that 1 face the music and
learn what kind of aff16avits they pro
posed to file. The gun has been fired
and proved to be a blank charge, and
the court has decided that I have a
right to sit upon the board. BY reason
OF the fact that I reside in the sena-
torial district in which this contest
arises, and one Of the candidates comes
from my home county, and for the fur
Their reason that I do not wish in any
way to compromise the contest board,
] respectfully decline to sit in this case,
as I did in the former contest between
Mcknight and Hessin.
GEORGE A. CLARK"
The hearing was then commenced be-
fore the two members of the board Mr..
Hessin raised the point that Mr.. Nc
Knights nomination papers were not
sufficient and the board took the ques-
ton under adVisement. Some time was
then used in making up the issues.