The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-13
WILL NOT ACT.
Judge Dale Decides He Has No
Jurisdiction
To Mandamus Secretary Clark
in Anti-FusiOn Case.
L0INT DERATET0NIGHT
JOINT DEBATETONIGHT
Bailey and Cradd0ck Will Talk
at the Auditorium.
F. DumOnt Smith Sees Danger
for the Republicans.

in the Sedgwick county district court,
today decided that he has no jurisdiction
in the case brought in behalf of w. II.
Craddock, fusion nominee for governor,
to compel the secretary of state to place
Craddock'S name on both the Demo-
cratic and Peoples tickets on the official
ballot
This is a victory for the Republicans
and means that the fusion ticket will go
on the official ballot under only the
Democratic heading.
Attorney General GODDARD and his as
Sistant Judge ]. S. West. were here to
represent the state. while Mr. CraddoeA
was represented by S. H. Allen, Ed S.
Waterbury and David Overmyer.
Judge Dale decided that he has no
authority to issue writ of mandamus
to Secretary of State Clark, as long an
the secretary of state is not within his
/ jurisdiction.
Judge J. S. West. assistant attorney
general. went to Wichita Saturday to
look uD a few matters there and be
ready to go into the district court there
this morning to defend the anti-fusion
law if it should be deemed advisable.
After he left Attorney General GODDARD
was notified of a change in the attacks
of the fusion attorneys They served no
tice that they would this morning ask
Judge Dale. in the SedgWick county dis
trict court. for a peremptory writ of
mandamus to compel Secretary of State
Clark to place the fusion ticket under
both the Democratic and Peoples party
headings. Under this sort of pro-
Clark, simply by leaving the summons
at his residence. A sevant girl was
found at the Clark home and the sum-
mons was left with her Saturday after
noon.
Attorney General GODDARD was notified
of this action by Judge s. H. Allen. one
of the fusion attorneys, and Mr.. GODDARD
! left for Wichita last night to take
hand in the defense OF the action HIM
self
Both Attorney General GODDARD and
Judge West have the utmost confidence
in the ability and integrity of Judge
Dale as a judge and they do not believe
| that he will allow political considera-
tions to enter into his decision in the
case, although he is a Democrat.
| /. Tonight the great joint debate be-
tween W. J. Bailey and w H Grad
nor, will be held in the Topeka audi
torium. 1t will doubtless bring out
big crowd but those who attended the
Wichita debate are hoping that this one
| will not be as tame as that was.
i Mr.. Bailey came down last night from
his home at Baileyville and spent the
day at the Copeland and around the Re
publican Headquarters talking to lead
ing Republicans. He will lead off in the
debate tonight and Mr. Craddock will
| have to answer him.
| Mr. CraddOck came up this morning
from his home at Kansas City, where
he spent Sunday. He spent most of the
day at his hotel, preparing for tonights S
debate. 1t is supposed from this that
he will have a new speech from the one
he made at Wichita, at least in part.
The chairmen of the debate will be c.
B. Hoffman, of Enterprise, for the fu-
sionists, and Captain Fl. NJ Philips
chairman of the Shawnee couty Repub-
lican central committee, for the Repub-
licans. Mr. Hoffman arrives from En-
terprise this afternoon.
| Chairman Babb, of the Populist COM
mittee, came up from Wichita TINS
morning and Chairman Farrelly, OF the
Democratic committee. came up from
Chanute. A number of the members of
both central committees are also mere.
| The debate is scheduled to commence
at o'clock. Mr.. Bailey will have an
hour in which to open the argument,
Mr.. Craddock will be given an hour and
! fifteen minutes to reply, and Mr.. Bailey
will then have twenty minutes for
closing.
During the past few days the attorney
generals department has had number
of calls from county clerks and county
lattorneys for advice as to whether there
is a short term in county offices to be
filled by election this fall, because of
the passage of the biennial election law,
the short term to begin Immediately
after election and last until the begin
GERS The Populists in a good many
counties have been advised that there Is
vacancy to be filled by election the
same as though a vacancy had occurred
! by death or resignation. The PopullStS
in many counties have made nomina-
ticns for short terms for such Offices as
are affected by the biennial election law.
and the Republicans have followed their
example in some counties
! Questions regarding the election law
are passed upon by Assistant Attorney
General James Clayton, and he holds
that there are no vacancies to be filled
this fall, as the biennial election law
provides otherwise, and nominations
made for a short term are of no effect.
1t would make considerable difference
with county treasurers over the state.
as treasurers who are now holding over
fon their second terms will. under Mr.
| CIayton's ruling, hold until October,
| 1903, but otherwise tEey would have hac
to give up their offices Immediately
after election.
| Senator Fred Dumont Smith acknow
1 lodged that while the Republicans are
sure of electing their state ticket there
lis danger that the fusionists may get
/ control of the lower house of the legis-
| lature through the divisions of the Re
publicans. In his paper. the Kinsley
Mercury, he says editorially:
1T is apparent to almost anyone that
the fuSionists have abandoned all hope
of carrying their state ticket through
Privately they admit that Bailey and
the rest of the state ticket will be elect
ed by anywhere from 20 to 30 thousand
majority The same men who made the
poll of the state in 1900 for the ReDub-
! lican state committee have just compile
ted a poll of the present vote Two years
ago the Republican vote surprised our
poll showing that the men who made
it were conservative and their figures
reliable.
1.-THE poll this year shows a Republi-
can majority in the state of over $1,000.