The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-29
Handed Down by Judge Hazen With
His Opinion.

His Opinion.
The attorneys for Col. Hughes have
] asked the court for a judgment in the
| case in favor of their client upon the
/ finding of facts as written by Judge
HaZen.
The asking for Judgment is simply a
formality which has to be gone through
with in order that the attorneys for
! Col Hughes may appeal the case. The
finding of facts and conclusions of law
| as written by Judge Hazen will be the
foundation for the appeal to the su-
preme court In the event of an appeal
the finding of facts and the conclusions
| of law in the case will be placed before
/ the supreme court and the final decision
| of the case in the higher court viii be
upon those facts alone and no evidence,
such as was introduced in the district
court, will come before the supreme
court. The decision of the supreme
| court will be either to sustain or re-
verse the decision of Judge Hazen and
viii be upon the points OF law relating
to the findings of the lower court.
The finding of facts and conclusion
of law as written by Judge Hazen are
given in full below:
FINDINGS OF FACT
First-The city of Topeka is a city Of
the first class having a commissioner Of
law is not in force in said city.
Second-On April 2, 1901, there was
held in the city of Topeka an election
for the purpose of electing city officers.
At that election J. w. F. Hughes and
Albert Parker, parties to this suit, were
opposing candidates for the Office of
mayor, and both of said candidates We're
qualified for said office. Among the vot-
ing places at said election there were
two precincts known and designated as
the first precinct of the Second ward
and the third precinct of the Third ward
respectively.
Third-The election clerks at the first
precinct of the Second ward were ]. J.
Tyler and Jesse Persley, and the cleo
ton judges of said precinct We're J. T.
Howard. r. COWdry and E S. Hunter
The election clerks at the third precinct
of the Third ward during said election
were James r. Martin and S. H. Rob-
erts, and the election judges of said pre-
cinct were w NJ. Core, J. T. Ward and
Grant Gaines
Fourth-During the progress of the
voting at each of the precincts referred
to in finding No. and No. 3 said clerks
wrote and entered upon the poll list.
which had printed and numbered blank
lines therefore, the names of persons
voting at said precinct. One of such poll
lists, containing said names was re-
turned to the office of the city clerk Of
said city and the other poll list was re-
turned to the Office Of the county clerk
of Shawnee county. Upon the poll list
returned to said city clerk there are
entered theron, as having voted at the
first precinct of the Second ward, the
names of four hundred and sixty
seven persons, and as having voted at
the third precinct of the Third ward the
names of $50 persons. The other poll
lists which were returned to said coun-
ty clerk have not been inspected by the
court
Fifth-The clerks and judges of each
of said precincts We're duly sworn before
entering upon the discharge of their du-
ties. After The polls were closed on the
evening of said election day, said judges
and clerks proceeded to count the ballots
cast at their respective precincts for
mayor and other city officers. AS the
individual ballots were taken from the
ballot box and the name of the candi-
date for whom the ballot was cast for
mayor was announced by the judges of
election said clerks marked and tailed
upon the tally sheets accompanying said
poll lists the vote so received by each of
said candidates for mayor, and this con-
tinued until the ballots of all voters.
both male and female, in the ballot box
were counted.
Sixth-All of the printed, blank poll
lists and tally sheets, referred to in these
findings of fact were furnished to the
clerks Of election by the commissioner
of elections of the city of Topeka.
Seventh-After all the ballots had
been counted by said judges and clerks
of election a each of the precincts here
in referred to said judges and clerks
then made and entered upon the tally
sheets for each of said precincts respec-
lively a summary statement showing
the number of male voters and the
number of female voters voting for each
of said candidates for mayor. Said sum-
the candidate for mayor and the num-
Der of votes cast for each, are in sub
stance and effect as follows. to-wit:
In the first precinct of the Second
ward. For J. w Hughes:
Male votes OBSERVATION-DISCLOSURES. Il
Total ..-.........-- -...-.-..--.-.--.127
For Albert Parker:
Male votes OBSERVATION-DISCLOSURES ~
90
In the third precinct Of the Third
ward. For J. ". f. Hughes:
Male votes ACKNOWLEDGEMENTS 2lS
Female votes ACKNOWLEDGEMENTS. s4s
Total ........--.... ...............6 26
For Albert Parker:
Male votes 156
Female votes 56
Total .... ......2 PA
Eighth-Immediately after the count
ing of said ballots in each of said pre-
cinct the judges and clerks thereof for
warded to the commissioner of elections
of the city of Topeka, by special mes
senger. in .. sealed envelope, a summary
statement of the votes cast for the re-
spective candidates for mayor. Said
summary statements show that asid
candidates received, in each instance,
the same number of votes as set forth
in the tabular statement contained in
finding number seven.
Ninth-The tally sheets referred to in
these findings of fact are ruled or print
ed into squares each square being in
tended to contain four perpendicular
marks and one cross mark making five
tallies in each square. And this was the
general method adopted by the clerks Of !
said precincts in keeping the tally
sheets.
10 Upon the tally sheets returned