The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-04
NOT so FAST.
Court Says Hughes Must Not
Make Appointments.
Also Grants a Stay Of Judge
Hazen's Judgment.
CASE is ADVANCED.
Will Be Heard on Next
Saturday.
Speedy Decision in the Case Is
Expected.

The supreme court this morning
granted a stay of proceedings in the
Parker Hughes mandamus case. ap-
pealed from the district court. The stay
is granted until May II, when the case
viii be heard on it's merits. In the
meantime Colonel Hughes is restrained
from making appointments and the
council from making any combinations.
The lawyers and their clients as
sembled in the anteroom of the supreme
court a little before 9:3O o'clock Albert
Parker stood by the door Colonel
Hughes seated himself on settee and
rolled a cigarette. 1t was nearly 10
O'Clock when Chief Justice Doster with
Justices Johnston. Smith Green and
| Pollock took seats in Justice Doster's
chambers and announced that the case
would be heard
IF it please the court said Judge T.
F. Carver, one of the attorneys for
Colonel Hughes.
Please, your honors," said G. c.
Clemens, one Of the attorneys for AL
bert Parker.
Judge Carver looked at Clemens, and
| Clemens kept right on speaking.
We have a motion" continued
Clemens.
IF it please the court" said Judge
Carver.
ITO submit without argument" con-
IF it please the court" again said
Judge Carver; but he gave up, and
Clemens finished.
AS to what right counsel has to ap-
pear for eight defendants who do not
wish to appeal said Clemens.
We are not anxious to appear for
anyone who does not wish it, said
Judge Carver when he got the floor. Il
take it that anyone Of the defendants
has right to appear by counsel"
Carver and Larimer We're ordered to
produce in court the original notice of
the defendants who do not wish to ap-
| peal this case" said Clemens. Have
| you it with you?" addressing Judge
| Carver.
It was Judge Garver's turn to not
notice Clemens.
Have you It with your demanded
"Your honors. I object" said Jadge
| Carver as he handed the papers to
| Clemens.
whom did you make derendants. the
old council or the new2' asked Judge
THE old council" replied Judge Car
Yer, lis all that appears in the record
We conceded that it made no difference.
Judge Hazen suggested that 1t n nade no
difference, as the judgment runs
against those who are parties to this
suit. and nothing was said about new
mem bers. -
The affidavits filed with the supreme
court showed that the following mem
bers of the old council had signed a
statement that they did not wish to ap-
peal the case. Belts, Myers, Morgan,
Snattinger, Clancy. Weber. Warner.
and Elliott The affidavits showed the
following members of the new council
opposed to the appeal: Griley, Myers.
I Snattinger Clancy Weber. Warner
and Nichols. making eight of the old
council and seven of the new.
These persons, many of them, are
not parties to this suit below. are
they?" asked Judge Doster.
There are four" replied T. T. Doran,
attorney for Parker.
'Chaneyssimply said to some one that
he did not wish an appeal; the court
win not consider that" said Judge
Carver
Perhaps they win'' replied Mr.
Doran. THE court has my affidavit
| that he said that to J. B. Larimer. Did
he not say so to you, Mr.. Larimer2"
Il say he did not" replied I4arimer.
Then it is between you and CLANCY"
No it's between you and Clancy"
replied Larimer.
I'VE viii not quibble about it," re-
| piled DOran.
The justices consulted together
TT is concluded, gentlen en-" said
Justice Doster that we better hear the
petition and the objection before max
ing q. decision"
"Unless we can have stay Of execu-
tion there is no use going on with the
case" said Judge Carver. IF the coun-
| Gil meets and declares Mr.. Parker elect
/ issuing the certificate to him the coun-
Gil Will recognize him. and Colonel
Hughes win have to resort to quo war
ranto proceedings If he wishes to try
| the title to the Office"
.'The question is whether the returns
of the judges shall be taken or the
whole returns considered, is ft2" asked
/ Justice Smith
Yes" replied Judge Carver
Judge Carver held that If Parker was
| given the Office and no stay allowed
and that then there was a reversal of
the opinion. that Parker could not be
/ gotten out
Il don't see yet how you maintain
/ that If Parker is in Office and the de-
cision of the lower court IS reversed
that Parker could not be gotten out"
\ said Justice Doster.
Judge Garver's explanation was TO
| the effect that Parker might be gotten
/ out in time but that in the meantime
Parker would be the mayor with power
Mr. Clemens cited to the court the
commissioner of elections law govern
| ing the city elections
Judge Carver raised the point about
| the bonds carrying, and claimed a de-
| cisiOn was necessary to ascertain
whether the bonds were valid or not.