The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-12
HUGHES OWN VOTE
District Court Considering the
Question of Its Legality
Had He a Right to Vote Himself
a Certificate!
THE TALK GOES ON.
J. B. Larimer Addresses Court
For Hughes.
Count of Tallies Still a Point of
Contention.
THE TALK GOES ON

When the court resumed the hearing
of the Parker Hughes contest this morn
ing J. B. Larimer took up the argument
for Hughes. Mr.. Larimer claimed that
mandamus is not a proper procedure
and cited authorities on that point
1T has been said that Col Hughes
had no right to vote for himself said
Mr.. Larimer There Is no law that a
mar elected to the office of councilman
representing his people can not carry out
the ministerial duty Of voting as a
member Of a board Of canvassers Mem
bers OF the council have been doing this
ever since the council was organized
Mr.. Larimer contended that members
of the council who refused to vote for
the certificate OF election to Hughes by
their silence gave their consent and that
a majority Of the quorum present gave
Hughes a majority and that therefore
Hughes was legally found to be mayor
by the board OF canvassers. He con-
tended that the tallies should be taken
and not the certificate returned by the
judges
David Overmyer spoke next for the
Parker side on the motion to grant the
alternative writ Of mandamus- He said
that * was admitted by the counsel for
Mr. Parker that writ of mandaE us
would not lie to try the title of Office
but that It did lie to compel the Gown
ell to reconvene as a canvassing board
and make a legal canvass of the votes
The counsel for Mr.. Hughes claims
that # the writ is allowed that there will
be lwc mayors and mob law viii pre-
vail said Mr.. Overmyer- I'VE are not
the mob party The statute of Kansas
nov here provides that the tally shests
shall be a part of the returns The
statute has form for certifying the re-
turns and makes that form a lawful
why has not the law provided that the
judges certify that the tally sheets are
correct2 The statute provides that The
commissioner Of elections should, with
the police board, receive the general re-
turns. There Is no police board and so
the statutes provide that che election
commissioner shall call six .-OuncilmeH,
one from each ward. to sit with him
during election day to receive all returns.
There must be ar announcement male
by judge at each polling place as soon
as the ballots are counted, announcing
the number of votes received by each
any rascal from changing the tally
sheet
THURSDAY AFTERNOON.
During Thursday afternoons session
of the Parker Hughes contest case Judge
Carver made the opening argument for
Hughes.
Judge Carver argued that the tallies
on the sheets returned from the voting
precincts must be counted and be taken
instead Of the final figures returned and
certified to by the judges. He cited
the decision in the Rice-B -Baltinger case
where each had been sighted with SO
votes but where upon counting the tallies
Il was found that Baltinger had but 50
taliles and he was allowed 95 votes He
said that the city council acting as a
canvassing board could not recOnvene.
Following Judge Carver G. c. Glenn
ems made the first argument for the
Parker side He displayed authorities
20 show that the council as a board Of
canvassers could reconvene. He explain
ed how, if the canvassing board could
not be called together again, that they
could make their returns as they wish
ed, defeating the wish of the people and
by tricks and devices say that so and
was elected The council is to meet and
make a complete canvass" said MIR.
Clemens They are to make an entire
record of the proceedings. If this is not
done all at once there is no canvass.
None have been canvassed unless all
have been I contend that a canvass
should be an entire thing and that but
one record should be made Of it, The
city council made an illegal canvass
for mayor 1t may be a serious question
Il they could get out of Office without
getting into jail The supreme court has
decided that If the council has gone
out Of business that peremptory writ
will go against the new council.
we contend that Hughes has no right
to vote for himself" continued Mr..
Clemens. There were eleven present
and hve voted. Mr.. Hughes decided his
own case Five is not half of eleven.
That man can not vote for himself is
elementary law. The law won't trust
human nature that far. Men have not
been in the habit of doing this. There
mas been no canvass What then2
There must be a canvass. No canvass
Ing committee can commit suicide and
hope 20 avoid doing a duty by voting to
adjourn sine die
Mr.. Clemens cited numerous authori-
ties and decisions to show that the re-
turns as certified by the Judges were /
TO be taken by the canvassing board and !
tabulated and that the tallies should not /
be counted. That the only proceeding to |
pc Drought Kter the returns had been 1
legally canvassed is to bring QUO war |
rantO proceedings.
Mr.. Clemens closed his argument about /
$50 and the court adjourned until this /
morning.