The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-05
Hughes Revives the Talk of
COntesting Election.
Attorneys Are Now Hunting For
an Opening
THE BELATED RETURNS
One Hughes Supporter Did Not
Deliver Books Till z p. III.
City Council VIII Meet Tonight
to Make Canvass.

Hughes Is dying hard NotW1thStand-
ing the fact that he said Thursday that
ne would not contest Parker's election as
mayor arrangements are being made to
set the machinery in motion to defeat
the win OF the people If possible.
Hughes has a corps Of lawyers and
they are hunting for an opening to
overthrow Parker. He is simply putty
in the hands of his advisors and while
he asserted positively that he would
abide by the result Of tonight's canvass
his friends have asserted positively that
there would be a contest and so the man
OF many promises dnds himself bent
70 their viii in spite Of himself.
Here are some things TO be remem-
bered:
The returns from the second precinct
of the First ward were in possession Of
a Hughes striker until noon OF the day
following the election.
The returns from the fifth precinct OF
the Second ward were in the possession
OF John Carter. a Hughes striker until
seven o'clock in the evening OF the day
following the election Why did he wait
until it was evident that Parker was
elected before he made the returns2
The city council will canvass the vote
tonight
According to the law the council win
act as a canvassing board the Friday
night after a city election and win can
vass the vote. They Will then issue a
certilcace Of election TO the candidate
having the largest number of votes ac-
cOrding to the returns made to the city
clerk City Attorney Bird says that the
council viii take the tally sheets as re-
turned TO the city and will verify the
addition Of the tally. They will not re-
count the ballots as they have no power
to do so. Judge Hazen says.
The Kansas statute provides that a city
council may pass an ordinance investing
Il as a BODY. with power TO decide an
eiection contest have gone carefully
through the revised ordinances Of Topeka
and am unable TO find any legislation of
that nature. In the absence of such ordi-
nance tae council must accept the returns
- celtiueo on the tally sheet returned BY
the judges It cannot order a recount of
the ballots. and it has no power TO sit as
suit OF election
brought in either the supreme or district
court If in the former, by quo warranto
merits I,eavenvorfh has Al, 1,T-7i,aT,a ~
the nature prescribed by the statute A
contest was instituted under the ordinance
some years ago. S F. Neeiv who was
mayor Of Leavenworth at the time re-
Iused TO convene the council as a board to
pass upon the returns. Mandamus pro-
ceedings We're had against him and the
courts ordered that the council be con-
vened to Sit in judgment on the merits OF
the contest
IT have looked through the ordinances
caTs5nllly and | have been unable to find
Topeka Jurisdiction in an Aslectfon contest
Prought by candidate for a city office
Il must accept the returns certified to by
the election Judges.
ne returns which have been made to
the commissioner Of elections and from
which the vote as published has been
taken are made BY the judges of elections
on a specially prepared blank. They are
1,S 1vS o5lle.si- i @ Dut lney, are signed by the
1lHSes and are copied from the returns
made to the city clerk and the county
and il is taken for granted that they are.
the returns viii be the same as given to
the commissioner Of elections of course
there may be mistakes in the addition of
the tally sheets, but an error in that re-
2 n ATr nr1~av
1t IS to favor Mr. Hughes.
The only hope that the Hughes sup
porters say they have is that they viii
be able to find some error in the tally
Of the tally sheet should show that il
was correct. then the certificate of cleo
ton Will be issued to AIr Parker If it
shows a a1orlty for Hughes he will get
Mr.. Parker has grounds for contest in
case the tally sheet should show that he
Der OF votes which were cast for him
thrown out because his name was marked
tickets In a contest ease these tickets
would be counted in his favor.
There has been a great deal of talk of
fraud on the streets and the people are
DSH.lE LA ezsIy srs, .l.ng sIslli pe open ana
aDoNeDoard me returns to the city clerk |
were all filed the day following the cleo
the hands Of John Garter Judge Of the
Fifth precinct of the Second ward. were |
following the election They should have |
Dee1 MED earlier, and the commissioner |
~ when he did Mr. Carter filed the tally |
sheet with the city clerk shortly after /
noon on the day following the election |
rms delay has caused some talk on the i
street. but the returns are apparently All /
Ihe election + % close that every little |
ALlegularity is looked upon with suspicion. 4
Inc Farker people seem to think that the 4
otner men have something up their 4
SieeNeS. ana they are anxious TO know i
W1at II Is The heelers for Mr.. Hughes /
neld q meeting last night. but they would I
not tell what the meeting was for or 4
Mnal they did during the meeting. That /
Nney are trying to work some scheme i
seems 70 be apparent. but what It is will 4
not be known until tonight
It was rumored on the street this morn {
Ing that q few of the most ardent sun [
pOrters OF Mr. Hughes wanted to take |
the matter TO the supreme court in case !
they found BY the returns tonight that /
they would be defeated. There seems 10 /
be nothing in the report, as the Hughes I
people all deny it.
This much is certain: Both sides are
looking up law and lawyers are eyetff~7e5
ready to make a fight in case one e0naeS
up-and the probabilities are that there
Will be something come from the Hughes
supporters which VIII bring IT on. that is
II the old saw which reads Where there
Is 50 much smoke there must be some
nre," holds good
Largest Cargo of Tobacco.