The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-06

InCTE
be printed on the official ballot in the
Peoples party ticket after the name of
the 9fi1ce of governor IN BREWER capital
tyT the words No nomination. This
IS falsehood, lie simple, which the
statute says shall be printed where the
plaintiffs name belongs. What will be
the effect of printing the words No
nomination on the ticket? Manifestiy
TO deceive the voters 1t will tell the
voter who reads the ballot that the Peo-
pies party nominated no candidate,
when it in fact nominated the plaintiff;
thus It will tell a lie. Has the legisla-
ception and falsehood calculated and in
tended to mislead and deceive the voters
to be printed on the official ballot? Ger
talnly no member of this honorable
valid such monstrous invasion of the
political rights of the people
JUDGE VESTS BRIEF
The brief of Mr.. Craddock's attorneys
argues largely along general lines and
quotes very few decisions. Judge
Vests brief on the other hand is full of
decisions in support of his contentious.
Judge Vests says:
This proceeding appears to have been
begun for the purpose of testing the
validity of certain portions of the Aus
tralian ballot law of 1901 No defect in
the proceedings resulting in the passage
of said statute is suggested, and plain
tiff seeks to overthrow the same on the
ground that it in some way interfereS
with the rights of the qualified electors
of this state. or the rights of a candi-
date seeking to have tie voters OF the
state vote for him twice at the same
time and on the same ballot. We con-
fidently claim that the statute in 1ueS-
ton is constitutional and valid as an
exercise of proper legislative power
I'VE take it that the real grievance
affecting or affecting he plaintiff is the
provision of the statute to the effect
that the name of one candidate for one
office shall not appear twice upon the
cause of this provision scme natural, III
herent or constitutional right of the
plaintiff has been impaired. and DoSSi
bly, some similar right of certain cfti-
zens to vote twice for one man for the
same Office on the same ballot has Deen
likewise impaired.
''On general principles. without re-
gard to precedent. it rTould strike the
average man of sense that the privil
eye of voting once fO- one man for one
office at one election Is not only all tnat
any citizen can claim by virtue of any
sort of natural. inherent or constitu-
tional right but that it is all that he
ought to claim on any principle what
ever. Likewise that the citizen VINO
has been so l1onored as to receive a
nomination for governor of his state by
a political party, and especially one
who has received the nomination by
/
sonably content in the knowledge that
each voter. of whatever political faith
may cast one ballot for him for COVER
nor and have the same counted. The
doctrine of cumulative voting. aside
from the election of corporate directors
have never achieved any prominence in
this country.
Further on Judge West says: From
the briefs thus far received, it seems to
be cOntended by opposing counsel that
the actions of political conventions are
not only besind but aaeve the power
conferred on the Legislature by the con-
stftution- Suppose for the moment this
to be true. 1t is not claimed by counsel
that the legislature may.not to a great
extent provide regulations and restric-
tlOns as to the certificates of nominal
tions, the form of ballots. and the con
duct of elections. This amounts, then,
to confession that, after the sovereigns
have assembled and adopted platform
and nominated a ticket, the legislature
may then rightfully step in and control,
at least to a very great degree, the fur
ther progress of events up to and in
cluding the canvass of the vote.
but if all citizens have the inherent
and reserved right to meet in political
EeonVention and adopt what platform
/ they please and nominate what ticket
| they choose, is it not a barren or abort
! i've right if they cannot follow the mat
ter uD and still control the matter of
certificates the form of ballot and the
casting and eounting of the vote? We
!
are convinced that counsel place a
wrong meaning upon the bill of rights
regarding peaceable assembly We dc
not think this was ever intended to
apply to a political convention in the
sense of expressly reserving the right
to adopt platforms and promulgate po-
litical tickets. We think the idea was to
! reserve the general right to assemble
and discuss measures and instruct rep
reSentativeS, without the danger of be-
/ ing dispersed by some offlciouS reader of
the riot act We do not think it was
ever intended to shut off legislative
power as to the certificates of nomina-
| tions of political conventions and tbs
subsequent steps, up to and including
| the election
.'On counseI's broad and sweeping the
ory of constitutional rights, it would be
| impossible to uphold legislation pre-
Guiding a nomination by party com
| Drising less than given per cent. OF
the voters, and yet these statutes have
been upheld by state after state-save
California-until such power can nc
| longer be questioned.
| Suppose the Socialist party contains
8 per cent of the voters of a state, and
it's delegates meet in convention and
adopt a platform and nominate a ticket;
why should not every voter in the state
have a right and opportunity to vote
| this ticket? Yet here might stand q
statute Drecluding it unless the Social
lists numbered 5 instead of 3 per cent. OF
| the voters. What then? Did they not
meet as sovereigns and exercise the con-
stitutional right of peaceably assembling
and instructing their representative
And yet we bel.e~e counsel themselves
will not argue that such legislation is
unconstitutional. in view of the iudicia
decisions upon the subject
THE fact is this is a government 0i
| laws-laws representing the win of the
majority. The legislature may right
fully take charge of the certifying OF
the names of candidates and the print
f77cr tr~fT Of 1,e,I7< ..
public exoense-for this will be conced-
ed-and therefore some limits must. OF
necessity, be placed. and some minol
isms must wait and tarry at Jericho ill
their boards grow. Back of all this
legislation patterned after the Austral-
ian law is the object of doing away will
crooked practices and circumventine
the schemes and Vaccinations of those