The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-29
Mr.. PARKER WINS
Judge Hazen Holds He Should
Have Certificate.
Certified Returns of Judges
Should Be Taken.
BOARD TO RECONVENE.
Person Shown to Be Elected
Must Be Given Certificate.
TaIIies Should Not Have Been
Considered by Council.
INJUNCTION is DENIED.
The Ban Upon City Appoint
ments is Removed.
Motion For New Trial at Once
Made.
Person Shown to Be Elected
Must Be Given Certificate.
TalIies Should Not Have Been
Considered by Council.
INJUNCTION is DENIED.
The Ban Upon City Appoint
ments is Removed.
Motion For New Trial at Once
Made.

TT seems clear that the courts would
hold that the tally sheets found with
the returns in a city election should not
be considered as a part of the returns.
.sThe certificates Of the judges from
the two precincts in question are IN SUB
stantial compliance with the returns re-
quired to be made to the commissioner
of elections and the board Of super
visors. 1t follows that the canvassing
board should canvass the returns Of
those two precincts in accordance with
the certificates of the judges and ignore
the tally sheets
THE peremptory writ of mandamus
will be allowed and the city council re-
quired to canvass the vote from the first
precinct Of the Second ward and the
third precinct of the Third ward ac-
cording to the certificates Of the judges
Of the election from those precincts and
to ignore the tally sheets found there
with. and to declare the person elected
mayor Of the city of Topeka who has
received the highest number of votes
according OF such canvass" From the
opinion Of Judge Hazen in the Parker
Hughes AIandamus case.
Judge Hazen this morning decided the
mandamus case brought by the attor-
neys for Albert Parker against ]. W. f.
Hughes in favor of Mr.. Parker
The temporary injunction asked for to
prevent Hughes from making appoint
ments was denied and the restraining
order in force up to today was set aside.
The next regular meeting of the city
council will be next Monday night and
at that time the council is ordered,
virtually. to issue a certificate of cleo
tion to Albert Parker.
The attorneys for Col Hughes made
a motion for new trial and asked for
judgment on the findings The attor-
neys will be heard at 80 o'clock today.
Judge Hazen announced that the new
members of the council vvould,be made
parties to the suit and that the writ Of
mandamus Will issue against them.
Judge Hazen refused to. make ex-
Mayor Drew a party to the suit as he
said Mayor Drew had complied with the
duties involved upon him and that the
court could not order him to do any
thing when he had performed his duties
regarding the canvass.
Judge Hazen's conclusions of law, as
found in the finding OF facts by the
court, are in brief as follows THAT the
board Of canvassers were not authorized
to use the tally sheets in making the
canvass complained Of but should have
dN1CRAEQ TIE summary statements sign
ed and certified by the judges of the
two precincts in question as the returns
from said precincts.
That the plaintiff is entitled to a per-
emptory writ of mandamus to compel
the defendants to canvass the returns
according 70 the certified statements of
the judges
Judge Hazen's opinion in the Parker
hughes mandamus case is exhaustive.
In summing up the decision the court
deeldes tnat mandamus proceeding is
a proper proceeding to bring and that
the court can order the council sitting as
q cauVaSSlng board to do certain things
The court held that when the can
vassing board had made a wrong can
Nass and had issued an illegal certifi-
cate Of election that the court could or
der the beard to reconvene and issue
anofner certificate to another party and
that the party receiving that certificate
from the canyassing beard has the right
TO enter upon the duties Of the office
The court holds that the canvassing
board in taking the tallies instead of the
returns of the judges adopted the x-rr,,~
method in determining which candidafs
for mayor received the highest number
OF votes The court cited the fact that
there are provisions Of the general cleo
ton law which apply to cities not hav-
ing a commissioner Of elections and that
there are other provisions applying to
cities having an election commissioner
Judge Hazen held that the city cleo
tions are held under the commissioner
Of elections law and that that law makes
the returns of the judges the official re-
turns and that the tallies are no part OF
the returns
The court held that the opinion Of
Justice johnson in the Rice versus the
board OF canVasSers of COffey county
case which has been referred to hv the
attorneys Of Col Hughes. is not a paraI-
lei case 10 this as it was governed bv the
general election laws
The reading of the opinion by Judge
Hazen occupied over 20 minutes
The court room was crowded The