The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-29

posite the name Of Albert Parker and
in the first square thereafter there are
four tally marks Upon and over the
name of Parker and said other candi-
dates for various offices in the place re-
ferred to there is drawn a heavy cross
mark, showing that it was the 1nten-
ton of the clerk making said tally sheet
to erase or obliterate that part OF the
tally sheet. But the court is unable TO
say whether the votes indicated by the
four tally marks standing opposite TO
the name of Parker thus erased ana
obliterated We're carried into any other
part of said tally sheet where the name
of Parker and said other candidates for
various offices are entered.
This tally sheet is reasonably Wen
kept and is not ambiguous or unintei-
ligible so far as the pen work thereon
could be expected in view of the haste
and the conditions surrounding the
counting of the votes and the making
of the returns.
and which was kept at the third pre-
cinct of the Third ward was made and
prepared by a person inexperienced IN
the use of the pen and wholly uuaccust-
omed to the performance of clerical
work, and is badly blurred and blotted
and the tally marks oVerlapped, re-
traced, or Joined together in such way
as to make it very difficult to determine
exactly how many tally marks were in
fact made thereon. But the court IS
of the opinion that the number of tally
marks actually made thereon IS as set
out in finding No. 10.
ia In some of the squares ruled
upon said tally sheets as described IN
finding No 9 there are only two tally
marks, in others three tally marks, IN
others four tally marks, in others five
tally marks. and in others six tally
marks.
80 The city council of the city of
Topeka met ON Friday evening follow
ing said city election for the purpose
of canvassing the election returns
During the making of said canvass a
controversy arose as to whether the
vote should be canvassed by accepting
the summary statements of the Judges
and clerks of election from the two pre-
cincts referred to in these findings OF
fact and which We're then in the hands
of the city clerk, or by recounting the
tally marks upon the tally sheets and
accepting the totals thus arrived at as
controlling for the purpose of deter
mining the number of votes for eaen can
didate for mayor. The question under dis
cussion was referred to the city attorney
that the canvass should be made by tax
ing into consideration the tally sheets and
judges and clerks of election. but did not
express an opinion as to when should
control when there was discrepancy
between the tally sheets and the sum-
mary statements certified to by the Judges
of election. A majority OF the pOdIq o.
canvaSsers made the canvass OF Which
the plaintiff complains by taking and ac-
count of the tally sheets returned from
said precincts. there being in each Of said
precincts a discrepancy between the, TO-
tails thus reached and the totals contained
in the summary statements cert1hed TO by
the judges and clerks of said precinct
Upon this canvass SO made by majority
of said board of canvassers it was found
that the respective candidates Tor mayor
had received, in each OF said precincts,
the number of Votes set OPPOSITE the
name of the candidate in the following
statement. to-wit:
In the first precinct of the Second ward;
J. w F. Hughes. --.--.------.. -Votes
In the third precinct of the Third ward:
J. w r. Hughes ---.-..--.. - .Hoses
Albert Parker ---...-----.-.-.-...---- votes
Upon the canvass thus made the d.
nine votes in the city of Topeka and was
board elected mayor of said city.
Fourteenth-At the making of the can
to the commencement of this suit a GER
tifcate of election was issued to the de-
PENDANT Hughes and he qualified and en-
tered upon the duties of the office of
mayor of the city of Topeka.
two precincts referred to and those find
ings of fact had been canvassed by the
titled statements of the judges of cleo
ton from the two precincts IN question,
received a majority of the votes cast for
mayor of the city Of Topeka and would
and to receive certificate thereof.
CONCLUSIONS OF LAW.
authorized to use the tally sheets in ma X
ing the canvass complained of, but should
have accepted the summary STATEMENTS
signed and certified by. the Jndges Of the
two precincts in question as the returns
from said PRECINCTS
That plaintiff is entitled to a peremp- |
tory writ of mandanaus to compel the |
defendants to canvass the returns of the
first precinct of the Second ward and Of
the third precinct of the Third ward ac- |
cording to the certified statements of the |
judges of said precincts and to declare |
the result of the election of mayor in the |
city of Topeka based upon the canvass |
thus to be made of said two precincts in /
connection with the canvass heretofore |
made of the returns from the other pre- |
cincts of the said city.
To each and every part of the foregoing |
findings of fact and conclusions of law /
the plaintiff for himself and each of the |
defendants for himself accepts
(Signed.) Z. 7. HAZEN,
Judge.