The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-06-01
Attorneys Agree to Begin Re-
count Of Ballots Wednesday.
COMMISSIONER CHOSEN
James E. Larimer Will Have
Charge Of Count.
Lawyers Select Two TelIers to
Assist.
Police Judge Controversy lis
Also Compromised.

An agreement has been entered into
by the attorneys for both sides of the
Parker-H Hughes quo warranto case now
in the supreme court which viii bring
an immediate recount of the ballots,
commencing Wednesday, morning at 9
O'Clock
James E Larirner has been agreed
upon as the commissioner to count the
ballots. He win appoint two tellers. to
be named by the attorneys in the case
On Monday the supreme court will be
asked 10 advance the case for hearing
not later than the July session
The recount may be held in the sem
ate chamber. and win continue from
day to day until the recount is COM
pleted- All disputed ballots Will be
designated and will ultin ately go be-
fore the supreme court for the disputes
TO be settled. There viii be no lengthy
briefs and only short oral arguments
It was also agreed that the poll books
and tally sheets in the possession of
County Clerk Wright be brought be
fore the comm issioner- The Magaw-
Lindsay case in the district court, to de-
eide who is police judge. will be con-
tinued until the mayor case is settled
In the meantime Lindsay will act as
wins he is to resign.
The agreement entered into in the
case is as follows:
It is hereby stipulated as follows:
l. That said defendant shall file his
answer in this case by y o'clock. noon.
June 8, 1901 the reply, any, to be
hled before . O'Clock p. m of said day
and the issues to be closed.
2 That the court shall be asked, at
motion hour Tuesday morning, or
earlier If practicable, to make an order
appointing James E. Larimer as
commissioner, his compensation to be
$40 a day, to count the ballots. and or
dering the ballots, ballot boxes and re-
turns TO be opened by said commits
siOner in the presence of counsel for
both sides Wednesday morning. June 5,
1901. at o'clock at the clerks Office,
and said count to then begin at such
place as may be chosen by the com
m Missioner, and be continued dav bV day.
and be completed before June 20 1901
and the report to be fled by June "A,
1901. the ballots and returns to be de-
livered at each adjournment securely
locked IN box to the clerk. the COM
missioner to retain the key, which box
shall be carefully kept by the clerk,
and said box to be delivered by the
clerk to the commissioner IN the pres
ence Of counsel for both sides and not
otherwise at any time, the county clerk
to be ordered to deliver to the commits
sioner the returns in his possession.
of counsel for both sides shall first
count all ballots to which no objection
is made by either side. and shall lay
aside, as he proceeds. all ballots object
ed to, placing a number and his initials
thereon. and keeping minutes of the
ballots objected to. and by which side.
When the counting of the ballots not
objected to shall have been conlpleted
the ballots objected to shall be classi-
fed in the presence of counsel for both
sides, De securely sealed in separate
packages, with Endorsements showing
briefly the nature Of the objections and
by which side, and the number Of bal u
lots in each package, and be delivered
by the commissioner forthwith to the
clerk Of the court, to be opened by or
der of the court only.
T. The commissioner to be duly sworn
by the clerk before proceeding. and
shall appoint and swear two tellers.
one to be selected by each party. and
compensated by him
5. The parties to unite Tuesday morn
ing, June 4, 1901, or earlier if possible.
In a motion to advance this case for
oral hearing at the July sitting, with
out additional time for filing briefs on
the question arising upon the ballots
objected to, and the report Of the COM
missioner, the court to be asked to de-
eide the case accordingly as soon as
possible without waiting for a written
opinion. and the judgment so entered
TO be final and at once effective. no re-
nearing to be applied for by either side.
(Signed) G. c. CLEMENS.
FERRY & DORAN.
DAVID OVERMYER.
CARVER & I4ARIMER
Judge Il. r. Carver one of the attor-
news Tor Col. Hughes. in spea king of the I
contest case, said. Il think the recount
can be made next week and a decision Of
the supreme court can proba blv be had /
in July before the summer vacation /
believe recount Will show a gain for I
Hughes from the fact that the major |
portion of all election boards were ri |
Norable to Mr. Parker, and on course |
ruled for the most part in his favor II I
the count Of undisputed ballots should |
shall question the validity of the ballots |
counted FOR him and not marked as re- |
ballots rejected which we shall claim |
should have been counted for Colonel |
Hughes after recount is made if the /
result must be determined by disptifad !
ballots, the legal question arising from !
Should the recount show that the result /
is not determined by disputed ballots final /
decision in the case may be reached in I
is no disposition ON the part of Colonel /
Hughes 70 hold the cffice IN mayor i SIM |
ker received majority Of the votes
Juqge y y Ferry one Of the attorneys I
show a gain for Mr.. Parker. as in most /
precincts the boards were composed OF 4
5.{i 80 "a ~ snes s men ana every doubt was
sides. rs Mr. Parkerss name aDpeare3 /
twice on the ballot. it would be easier to I
Col Hughes For these reasons I think 1
q recount VIII show a gain of enough /
votes to give Mr. Parker the office.
Parker should not be found there were Il
enough ballots with his name marked in /
1sEitT. The courts have held that such !