The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-22
G. c. Clemens Arguing a Point of Law.

] ances controlling the elections in con-
| fiict with state laws has been repealed
/ 1t took away the control of the city
elections from the cities so that the
| elections should be controlled from the
I outside and not from the inside TIE
state law is that the board of elections
shall have full and complete control
/ and the city council has no power to
pass an ordinance governing the cleo
4 rions- They We're to fill up the details
by rules and regulations. The super
visOrs were to obtain the result and the
judges are to announce the result OK
the county in each precinct as soon as
found This was done so that We would
net go to bed elected and wake up de-
feated.'
The afternoon session Of the case COM
menced with the argument of Judge
Carver for Col. Hughes.
Judge Hazen placed no limit to the
time for argument but he stated that he
would expect the arguments to be fin
ished by o'clock.
Judge Carver claimed that the city
council is the only proper body to can
vass the votes and that the returns cam
vassed by that body We're properly can
vassed He cited the tally sheets 10
prove that the canvassing board had
properly counted the tall1eS. He claim
ed that where there We're more votes
than names that it was a common oc-
currence for the clerk writing the names
Of voters to fail to write all, or for the man
checking the registration book to check
all who voted.
The arguments win occupy the entire
afternoon session OF the court and an
opinion will probably not be handed
down at once but the case be taken un-
der advisement-
LATE SATURDAY PROCEEDINGS
The duplicate tally sheets and books
of the last election now in the hands of
the county clerk viii be placed in evi-
dence in the Parker Hughes case in the
district court. Judge Hazen so an
nounced late Saturday afternoon and
subpoenaed County Clerk Wright to ap-
pear with the books.
The hearing was dragging along in a
quiet and rather too unsensational
manner for the spectators Saturday
when Judge Hazen, without warning let
his chair, which had been tipped back
against the wall, come down to the floor
with a little thud. The attorneys all
looked to see what was coming. Judge
Hazen looked straight across the bar at
the lawyers
I suppose you gentlemen are familiar
with the city ordinances on this sub
ject2" queried the court
Nobody seemed to venture the asser-
ton that they were an expert II refer
to the revised ordinances of 1857 said
the judge.
The book was at hand and the court
opened it to page 142 without referring
to the index
And this he read:
Judges and clerxs) shall make
under their hands a statement specify
ing the number of votes each person vo-
ted for shall properly receive under the
provisions Of this ordinance in both such
ballot boxes. and the office each person
was designated thereby to fill. and the
number Of votes for and against any
proposition submitted as required in this
section; and such statement, together
with the poll list and one OF the tally
papers shall within twenty-four hours
be deposited with the city clerk And
the ballots of all women presented shall
Continued on Seventh Page9