The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-22
END IS IN SIGHT.
tocntinued from First Page.l

Nu&444IEQ from E1TSL RdEe-J
b kept separate and returned with the
poll list and tally papers and deposited
with the city clerk. and BY him careful
" retained until such time a they shall
be ordered destroyed by the mayor and
council
Now. gentlemen. said Judge Hazen
impressively. 7 confess that I am in
doubt as to the meaning Of this ordi-
nance. want TO give you warning that
] want to hear from yen on this question
when you make your arguments I be-
heve this ordinance applies TO this case
I have seen no disposition on either side
to introduce it into evidence. But I want
TO say to you that unless one side or the
other introduces this ordinance, I pro-
pose to introduce it myself
My impression is that all the returns
Of the election should be given 10 the
city clerk and the election commissioners.
] don't believe that the county rclerk
should have anything to do with it. If
find this to be the case, viii see to il
that these poll books are put into the
hands Of the proper officer, if I can get
them.
This case Is Of interest to the public.
It is not merely a personal fight between
Mr. Parker and Mr.. Hughes It is a
public matter. If it was a private law
suit, would not interfere. but would let
you attorneys take your chances in the
case. I am going to have all the light
on this case can get. regardless of
which side it effects There are ques-
tons involved here which have never
been decided by the courts.
In this connection, I viii say that I
am going TO have those duplicate poll
books OF the disputed precincts here in
court. This morning had subpoenas is
sued for the county clerk, requiring him
70 come into court and bring the dupl-
cate books with him. am going to
open those books, and see what they
contain OF course it is not a matter Of
evidence, but Will say that I under
stand that in the third precinct Of the
Third ward the duplicate poll book was
kept by man who was a good penman.
We must all admit that the poll book of
this precinct which we have here in
court was kept by a man who was, 10
say the least, not familiar with the hand
ling Of a pen
You attorneys have shown no dispo
sition to get these duplicate poll books
Each side seems to be afraid of them If
you won't get them. the court Will !
have also issued subppenas for the
judges Of the disputed precincts who
brought these poll books to the county
clerk I want TO show that the books
We're properly delivered. and have not
been tempered with"
Judge Carver suggested that two sets
of poll books would confuse the can
vassing board.
IF they wanted to get at the truth
replied Judge Hazen. they could do it
better with two sets OF returns than
with one And while we are talking
about ii. 1 want to say that am going
to get at the truth Of this matter If 4
can. I want both sets Of poll books and
tally sheets. The courts are TO determ-
inc the truth of things. though we are
sometimes hampered by legal restrlc-
lions. We constantly are breaking over
these restrictions, and making new
rules. I simply mention these things 50
that the attorneys may know what ex-
pect to do in this case"
The case was then adjourned until
Monday morning