The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-16
FAVOR OF PARKER
Wins First Point in Contest For
Mayors Office.
Canvassing Board May BE Com
PEELED to RecOnyene.
EXAMINE TALLY SHEET
They win Now Be Placed in
Evidence.
Court Will Decide IF Parker
Should Have Certificate.
BE HEARD SATURDAY.
Mandamus Case VIII Then BE
Tried on Merits.
Judge Hazen's Decision in the
Case in Full.
They Will Now Be Placed in
Evidence.
Court Will Decide IF Parker
Should Have Certificate.
BE HEARD SATURDAY.
Mandamus Case VIII Then BE
Tried on Merits.
Judge Hazen's Decision in the
Case in Full.

There can be no doubt that if the tally
sheets were in the condition charged Ia
the writ and the certificate of the judges
was plain and certain as charged, fne
canvassing board, in making It's can
vass, should go to the certificate OF the
Judges and ignore the tally sheets.
Judge Hazen's decision given today
If the council meeting as a canvass
ing board had taken Judge Hazen's view
Albert Parker would hold the certificate
Of election as mayor Of Topeka
Judge Hazen this morning Overruled
the motion to quash the writ of manda-
mus in the Parker-Hughes case in the
district court which IS a victory for
Albert Parker so far as the contest for
the Office has gone, but it does not give
him the Office
The injunction case viii be tried We'd
nesday afternoon at ! 30 o'clock and the
mandamus case viii come up for hear
ing on its merits Saturday morning at
o'clock
The motion made by the attorneys for
Col Hughes was to Quash the entire
nandamus proceedings and stop all fur
ther progress of the case Judge Hazen's
decision is that the case shall not be
stopped but that it shall come up sor
trial on its merits an6 testimony rela-
tive to the returns. the official canvass
the totals as certified to by the judges
shall be given and the tally sheets may
be placed in evidence. but the ballots
viii not be counted
Judge Hazen's decision Of the motion
means. in brief, that the mandamus pro
ceedings are proper and that if the pro-
per showing is made by the attorneys
for Parker that the court has the right
to order the canvassing board to recon
vene and issue a certificate of election TO
Albert Parker.
The attorneys for Col Hughes will file
their answer to show why a certificate
should not be issued to Albert Parker
and will appear before the court with
that answer Saturday morning The
case could be appealed from Judge Ha-
zen's decision. overruling the motion to
quash. to the supreme court but Judge
T. F. Carver, one of Col. Hughes after
neys, said this morning that such an ap-
peal would not be made and that the
answer to the mandamus case would be
filed
On Saturday Judge Hazen will have
before him the tally sheets and returns
determine whether or not the council
as a canvassing board canvassed the re-
turns according to law. That is, whether
they must follow the tallies or the totals
as returned by ii II judges and clerks OF
election on the 5n sheets.
The Hughes people contend that the
tallies must be followed in preference to
the totals.
The Parker people contend that the
totals must be followed absolutely to
the exclusion OF the tallies and especially
when the tallies are uninteHigible.
Parker's lawyers will try to
prove by the poll books that
the tallies are unintelligibIe and
claim that in that event the court must
-order the canvassing board to recanvass
upon the totals. as they are clear and
intelligible and show Parker elected by
II votes.
Parker's counsel contend that under
the authorities presented by the att0r-
neys for Hughes such order must be
made If the tallies are uninteIligible and
that the certificate must be issued 10
Parker They contend further that the
totals must be followed whether tallies
are Ineligible or not and that in any
event the certificate must be issued to
Parker
AAG temporary restraining order en-
3oined Mayor Hughes from making anv
appointments and the council from
making any combinations. Before the
order was secured Mayor Hughes named
Frank Stahl chief OF police and F. i.
Lindsay police judge but the council
was restrained from confirming them.
The original writ of mandamus ordered
the council to reconvene as a canvassing
board and issue a certificate Of election
to Parker or toappearin court THURSDAY
afternoon and show why the order was
not complied with.
On Wednesday afternoon a call signed
by CounciImen Warner and Snattinger
was issued calling the council together
that night to comply with the order CT
the court. The cOuncilmen present were
Warner, Weber, Snattinger, Myers ard
Morgan. a quorum was not present
The case was called for trial in the
district court at 1870 o'clock Thursday
afternoon and the attorneys for Col
Hughes entered a motion to quash the
mandamus proceedings The argument
on the motion occupied the afternoon ~
Thursday and all day Friday and Judge
Hazen then took the case under advise
ment.
BIG CROWD PRESENT
ghe district court room was crowded