The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-20
Validity of Biennial Election
Law Will Be Determined.
Action Commenced in State Su-
preme Court Today.
WILSON BRINGS SUIT.
Nominated For Judge by POpu-
lists in 33rd District.
Hearing on the Case Is Set For
Eighth Day of June.

Proceedings were begun in the su-
preme court this morning to test the
constitutionality of the biennial cleo
ton law. The test case is brought
through the medium of the Peoples
party nom inee for judge in the Thirty
third judicial district
At their judicial convention, which was
held at Larned last Tuesday, Albert H.
Wilson of JetmOre county was noml-
mated for judge of the district. Bright
and early this morning the nominee
presented himself at the State house
TO file his certificate of nomination.
With Mr.. Wilson We're Q. E. RoughtOn
of Jetmore and G. Polk Cline of Lar
ned
Roughton is the representative from
HOdgeman county. He was a free sill
verite from the Republican camp in
the days when distinctions were made.
He sat in his seat last winter elected
on a fusion ticket and continues to
train with the fuslOnists, as shown by
his presence here. c. Polk Cline IS a
Larned lawyer. He, was an unsuccess-
ful candidate against Wilson for 5ucge
at the recent convention
A NJ. Harvey, who is associated with
Polk Cline as counsel in the case, es-
corted the party. They went first to
the Office of the attorney general to get
their bearings. Judge West told them
to go to Secretary of State George
Clark and ask him to file the certifi-
cate. Clark would very likely refuse,
he said Judge West could not see how
he could do otherwise.
From the attorney generals Office to
cisely at 9 o'clock. Governor Harvey
introduced the visitors and stated their
errand.
This is Mr.. Wilson, the nominee"
he said I'VE want to give you his GER
tificate Of nomination for judge of the
Thirty-third judicial district"
Mr.. Wilson handed Secretary Clark
the paper. 1t was attested by J. +.
w
ney, chairman of the convention The
certificate had been sworn to before
James +. Whitney, county clerk of
Pawnee county.
Secretary clark folded the document
thoughtfully. We'll, gentlemen, said
he, I presume there will have to be
test of the law. and I suppose I must
refuse to take this paper"
That is no more than we expected,
agreed Mr.. Wilson.
There is Judge Thomson of Alma.
who has been chasing around some
where with a certificate of election in
his pocket for some tine chirned in
Governor Harvey. I'VE are here and
we will make the test"
Il shall have to see the head of the
legal department of the administration
before I decline. There is no personal
feeling. gentlemen"
I'VE know that" chorused the dis
trict committee. He Will tell you to
decline
That's so. You say you have seen
him III take your word for it. I de-
cline to receive your nomination paper,
Mr.. Wilson" said Secretary Clark,
turning to the nominee.
The counsel in the case had their
mandamus on the secretary of state to
compel him to file the paper and put
Wilson's name on the ticket all ready
and proceeded at once to the supreme
court to file it.
The motion was taken before the
bench at II o'clock and the writ of
mandamus granted and the hearing
fixed for June s.
TEST TO DETERMINE ELECTIONS.
The test of the biennial election law
is to determine whether or not there
shall be general county and district
elections held this fall. All over the
state anxious candidates for county Of
fees are awaiting the decision of the
test.
In it's first draft the law related only
to state and county Offices. Before it
was finally passed, however, it was SO
amended that in the cases of the ex-
piring terms of tWenty-fOur of the dis
trict judges the vacancies that would
arise were no elections held in the odd
years of 1901 and 1903 would be filled
by appointment by the governor Eight
of these judges are Populists or Demo-
Gratis and this would give an opportu-
nifty to put a Republican judge in for
one year and give him at the end of
that tine strength for being elected to