The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-29
Mr. PARKER WINS.
(Continued from ELS 20

!
/ person holding the same taken posses
| sion Of the Office viii not relieve the
board of canvassers from its duty OF
making a legal canvass.
ADOPTED WRONG METHOD
The important question to be decided
in this case is whether the canvassing
board adopted correct rules in making
the canvass of the votes cast in the first
precinct of the Second ward and in the
third precinct of the Third ward for
mayor Of the city of Topeka. In deternl-
lining this question it is important to
know what statutory provisions we have
that apply to this city relating to city
decisions and the returns thereof. There
are certain provisions of the statute
which apply to general elections and
other provisions which apply to city
elections in cities of the first class hav-
ing a commissioner of elections; and
doubtless much of the confusion which
exists arises from an effort to apply to
city elections statutes which are apple
able only to general elections. 1t is
clear from an examination of our stat
utes that the legislature intended GER
tain of our statutory provisions to ap-
ply to city elections in cities of the first
class having a commissioner OF cleo
lions and other provisions to apply to
general elections.
Section 1 of the general elections law
of 1868 provides that all elections here
after to be held for state, district and
county officers shall be held and con-
Quoted in the manner prescribed in this
act.
Chapter FOG of the laws of 1889 pro-
vides for a commissioner of elections
and prescribeS his duties.
Section Of the Australian ballot law,
chapter 129 of the session laws of 1897,
provides that ''the term general election
as used in this act, shall apply to any
election held for the choice of national,
state, judicial, district or county officers
whether for the full term or for the fill
ing of a vacancy. The term city cleo
ton shall apply to any municipal cleo
ton held in city or Incorporated
town.
Section 50 Of chapter 81 Of the laws
of 1SS1-which is the city charter act
contains the following provision: THE
city council shall be the board of can
vassers and shall meet on the first Fri
day after the election to canvass the
vote and the returns of the election
shall be made to the city clerk before
that time and by him presented to the
board of canvassers'
This statute is still in force and while
1t provides that the returns of the cleo
ton shall be made to the city clerk, it
does not provide by whom such returns
shall be made or of what the returns
shall consist We have been unable to
find any statute which provides by
whom the returns shall be made to the
city clerk. But this question is not i'm
portant in the present case because both
the alternative writ and the return
made to the city clerk. Under this state
of the pleadingS and for the purposes
of this case the court must assume that
the time of the alleged canvass of which
the plaintiff complains the returns were
properly and legally in the possession
of the city clerk. It is therefore not i'm
portant in this case to inquire how such
returns got into his possession
WHAT ARE ELECTION RETURNS?
The important question presented for
decision is. What constitutes the election
returns of an election in a city of the
first class having commissioner of
elections? DO the tally sheets kept by
the clerks of election constitute any part
of such returns2
Chapter 2O6, laws Of 1889 being the
commissioner of elections law provides
that where the metropolitan police law
is in force the commissioner of elections
and the police commissioners sha4A con-
stitute a board of supervisors of cleo
lions, of which the president Of the
board of police commissioners shall be
president and the commissioner of cleo
lions shall be secretary, and that such
board of supervisors shall have full and
complete control of all elections. In a
city where the metropolitan police law
is not in force and such city has a COM
missioner of elections then it is his duty
to appoint one councilman from each
ward who, with him, shall constitute a
board of supervisors of elections and
whose duties shall be identical in every
respect with those prescribed for such
supervisors where the metropolitan pO-
lice law is in force. Sec Ion of this law
makes it the duty of the commissioner
of elections to furnish to the judges of
each voting precinct a poll book con-
tanning the names of the persons entitled
to vote at that precinct according to the
registration. Section 9 provides that one
of the judges at the voting precinct shall
enter upon this poll book, opposite the
name of each person as he votes, the
word voted" and this poll book must
be returned to the commissioner of cleo
nd
book, if correctly kept, will show the
number of persons voting and the name
Of each voter. This statute further pro-
videS that the board of Supervisors
which. in this city, would consist of the
commissioner of elections and one cOun-
Gilman from each Ward-Shan meet at
the office Of the commissioner Of cleo
tons at seven o'clock p. m. on the day
Of elections and remain in session con-
tinuously until the statements giving the
result Of the election shall have been
received from every precinct in the city
and laid before such board. This board
is authorized to employ messengers, use
telephone and telegraph. direct the po-
lice force of the city and use any other
lawful means to secure prompt and cor
rect reports from the election judges
PROVISIONS OF COMMISSIONER
Law.
The commissioner Of elections law fur
Their provides that as soon as the ballots
have been counted and tailed and the
clerks have ascertained the num-
Der tailed for each candidate
the judges and clerks shall make out
and certify a summary statement Of
the number of votes cast therein and
the number counted and tailed for
each candidate and despatch the sane
by a special messenger. sworn for that
purpose, in a sealed envelope, TO the
commissioner of elections at his Office
The judges of election shall also, as
soon as the result has been ascertained,
announce it to the commissioner of
elections from the nearest police or fire
station, or from a telegraph or tele-
phone station if nearest to them. At
the request of any OF the persons desig-