The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-05

shyIock: Give them the law. Let the
votes be apportioned among the candi-
dates according to the vote they re-
celved. We demand that the votes De
apportioned-4 to Parker and 3 to
Hughes. We offered to give them the
whole seven. We now give them what
Portia gave Shylock- Here, your honors,
are the authorities on apportiOnment-
Think OF the dangeT t II tn c1ae cou IF
fraud in every election. All that the
judges, hostile to a certain candidate,
have to do is TO throw out enough voted
ballots to give their friend the majority
and mix in one or two or seven I'M
voted.
LAS to distinguishing marks. By Kan
sas statute it is made a penal offense to
place such mark on a ballot. Under the
old law they counted the ballot and pun
ished the man. 1t is not preSumable
that every ballot that has a chance
scratch upon it means that the voter
got a dollar. There were names written
on some of the ballots. To prove that
they had earned their dollar and invite
arrest, do you suppose A certain gen
tleman, a certain general q. x HudSon)
wrote his name across the ballot: just
to show that he had voted the Republic
can ticket.
Counsel object if a man votes too
much. They object if he makes half
cross, a cross and a half, two crosses,
or if he makes two crosses and grasses
one. What is he to do? They cannot
be pleased.
"One would think we were present at
criminal case. The action is treated
as if voting were a penal offense. In
every other department of life the law
presumes man innocent until guilt is
assured. Everywhere a man may go
this rule holds. He may pick pockets,
be a highwayman or a murderer, this
high court presunes him innocent. Elk
cept in the single act of votingi then it
is presumed that he has sold his SOW
ereignty for a dollar and is anxious to
collect"
Judge Carver and Judge Redden di-
vided their hour in defensive argument
Judge Carver said in part: The in
tention of the voter is a thing of the
past Counsel for plaintiff say that the
double-marked ballots are simply EVIL
dence of superabundant caution and
over anxiety on the part of the voters.
to make it clear that they wished to
vote for Parker The same might be
said in excuse for using a flaming red
pencil instead of common black Simp-
ly an evidence of an emphatic express
sion of choice A skull and crossbones
might have been appropriately used for
the same purpose by placing them at
the head of the opposition ticket. A va
riety of ways might be suggested for
over anxious voters to make it clear
that they wished to vote in a certain
way and thus satisfy their superb
bundant caution The trouble is, we
find no exceptions in the law for that
class. Superabundant caution had bet
ter suggest to such persons a careful
study of the statutes upon the subject
of voting so that they make clear how
they wished to vote by marking them
ballots as the law requires.
AS to the SO ballots with which coun-
sci said they would cut the Gordian
knot by throwing out seven Parker
ballots, the plan is hardly admissible
for the solution of legal tangles. The
court cannot dismiss the seven and
take the rest. They were all in sack
marked not voted and they come into
this case with a presumption against
them The judges say they were not
voted. At best they can identify but
one that was voted and that was a
blank.
Il thought at one time to make a
tabulation in order to keep I'D with the
other side. But the character of the
objections are so varied that it is inn
possible to make a classification So
we thought it best for the court to es-
tablish a rule for all cases and not for
one particular case.
Putting a penalty on the 'distin-
gushing mark implies prohibition
and that such a ballot should not be
counted follows as matter of course"
Judge Redden called attention of the
court to the claim made in oral argu-
ment that Parker had three majority.
while counsers brief shows only a ma
jority of one. Now of course if coun-
suggested Judge Redden, lit is fair to
presume that both are wrong"
Judge Redden confessed that he had
secured the order to open the ballots
from the supreme court Friday morn
ing in order to make a tabulation OF
the objected-to ballots. He found them
so complicated, he said, that he ques-
toned if it could aid the court and SO
did not carry out his intention.
Judge Redden complimented female
suffrage in answering a point made
that Parker had a thousand ma jority of
the male vote. Our statutes give wo-
men the right to vote. They exercise
their suffrage more carefully than men,
having the opportunity SO seldom
Their votes are safer and saner than
men,"
Attorney Tom Doran added the in
formation in the last five minutes left
his side that the SO ballots found in the
second precinct of the First ward were
in an envelope furnished by the COM
missioner of elections, and was not an
official document; that they were not
found in a place to indicate they were
not voted. He also said that a parallel
case to this cannot arise again in Kan
sas, as the new election law precludes
a single name having two places On the
ticket
The case was rested at this point.
Five more days were given counsel on
both sides to file additional briefs.
Clemens Shylock argument and con-
tention that the 20 ballots found in the
apportioned between the candidates
brought an entirely new feature into
the case. He is to file his authorities
and a brief sustaining them, and
Hughes side will file brief in re-
buttal. Then tine court will have the
rest of the month TIC grind on the mass
of testimony and about the first week
in November Topeka will be informed