The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-11
FIGHT IS OPENED.
Contest For Office of Mayor in
District Court.
Minor Amendments in Papers
Allowed by Judge.
ATTORNEYS OBJECT.
Hughes Side Asks to Have Case
Thrown Out.
Judge Hazen Asks to Hear the
Arguments.
Question Concerning Figures
and TaIlies.
ATTORNEYS OBJ ECT

At o'clock Judge Hazen took the
bench in the district court and called the
Pa-ker-Hughes injunction and manda-
mus suits.
Albert Parker occupied a seat by
Councilman Morgan, Weber and Myers
Col Hughes stood up.
Judge Carver entered a demurrer to
the injunction case and motion to
quash in the mandamus for Hughes.
David Overmyer asked to amend the Pc
titions and Judge Carver objected. The
amendment was allowed by the court
that Parker is qualified and elected as
mayor.
Councilmen Snattinger. Myers, Weber,
Morgan, Hughes and Warner were pres
ent with City Clerk Squires and City
Attorney Spencer. On Mr.. Parker's side
of the table were T. F. Doran, L. 5.
Ferry, G. G. Clemens. David Overnyer
and Frank Thomas. On Hughes side
were Judge T. F. Carver, J. B. Larimer,
Judge A. l.. Redden and F. P. Lindsay.
The court allowed the amendment that
Mr. Parker is a qualified elector compe-
tent to hold office and also that the tally
sheets are unintelligible. The amend
ment was attached to one writ and it
was agreed that it should serve as at
tached to all.
MI. Hughes attorneys Withdrew from
the court room to consult on the new
phase of the case brought about by the
amendment to the original writs Of the
mandamus and to the petition of the in
junction case. During the consultation
the attorneys in the court room began
arranging the express wagon load of law
books from the state library which were
to be used in citing authorities in the
at the pile of law books The court room
was crowded WITH men and only one
woman, Mrs. L. o. Case, was present
Judge Carver returned from the con-
sultatiOn and said that what had bean
interlined in the petitions regarding the
tally sheets spoiled their arguments for
the Hughes side and that they would
ask that the motion to den1ur be dis
missed and exceptions saved without ar
gumznt- The court refused to allow the
exceptions without argument Judge
Hazen said he wished the argument re-
g1rding the tally sheets to be made. lie
wanted the question discussed whether
the fcotings on the TALES should be
counted.
Probably no decision will be reached
this afternoon. A citation of the author
tiles had been prepared for the court and
Judge Hazen will be likely to take the
case under Amusement.
Judge Carver commenced the argu-
nent on the motion to uuash the writ
JuuSe carver SdAu That there Was III
allegation in the mandamus writ to show
that Parker was elected. He said the
mandamus called for the old council
which is now a thing of the past, to act
with authority. Attorney Doran. for Mr.
Parker, called the attention of the court
to the fact that while they are now out
of office that the old council existed
when the suit was brought. col. ="
Hughes, who had seated himself, be-
came somewhat excited and muttered
mo OO-'f but the case went
From all appearances the argument
will take up the entire afternoon session
of the court and may not be closed at to-
days session.