The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-15
II Goes ON.
L. IL. Grisham Wins a Point in
Supreme Court.
His Name Will Be in Demo
cratic Column.
HAD BEEN SENT OUT.
ID BEEN SENT OUT.
supplementary Certificates Must
Now Be Made.
Supreme Court Acted Promptly
After Hearing Evidence.


manding the secretary of state to place
the name of Thomas H Grisham. fu-
sion candidate for congress in the
Fourth district, in the Democratic col
umn on the official ballot instead of in
the Peoples column. On the official bal
lot which had already been certified
down to the county clerks in the Fourth
congressional district, Mr.. Grisham's
name had been placed in the Peoples
column, but a supplementary certificate
VIII nave to be issued ordering Mr.
Grlsham's name changed to the Demo-
cratic column.
| At 2;f3 o'clock Tuesday afternoon MI.
Grlsham's attorneys, Judge Allen and a.
NJ. Harvey, went before the judges of
the supreme court and asked for an al
/ tentative writ of mandamuS directed
| against Secretary of State Clark and his
assistant, Hill P. Wilson. covering this
point Mr. Grisham had been on the
anxious seat ever since he had discov-
ered that his name was not in the Dem
ocratlc column, and there was some
question to whether Yesterday was
not the last day for certifying nominal
lions down to the various county clerks,
ne was anxious for immediate action.
LIT. +. b. Lawrence, of Ell Dorado, who
was chairman of the Democratic congress
sional convention in the Fourth district
mad been summoned to testify that Mr..
Grisham had been nominated by the DEM
ocratS before he had been by the Popu-
| lists. Certificates of both nominations
| We're filed with the secretary of state
showing that both nominations We're on
| the same day but not showing the hour.
1 The law provides that in case a candidate
does not elect which nomination he ac-
cepts the secretary of state shall elect for
him, and Secretary Clark elected to put
| Grisham on the Peoples ticket although
all other candidates, state and congres
s1onal, went on the Democratic ticket
Affidavits were filed in the office of the
secretary of state, showing that the Dem
ocratic nomination of Grisham was made
first, and Grisham's attorneys then went
before the supreme court and asked for
their writ.
The justices held consultation over the
matter and at 3:45 granted the alternative
writ returnable Immediately. Secretary
Clark was not in town but Assistant Sec
| retary Wilson was and service was inn
ledfateIy secured on him. Attorney God
ard was notified, and at o'clock the hear
ing on the merits of the case was started:
The court decided that after the show
ing made by Mr.. Grisham that he was
nominated by the Democrats first he was
entitled to have his name appear on the
Democratic ticket if he so desired and a
peremptory writ was issued ordering the
| secretary of state to certify him as the
Democratic candidate.
Senator Burton went down to Kansas
City last evening to attend a banquet
given by A E. StilWel in behalf of the
Orient railroad. He will speak in
Lukens' opera house, North Topeka, to-
night which will be the opening of his
campaign. His full itinerary has not
vet been completed, but he will speak
Monday, October 20, at Concordia, and
on Tuesday at Atchison. The next two
days are not definitely decided upon,
but he will probably speak in Linn
county on October 23 and in Crawford
county the following day. On Saturday
afternoon October 25 he will be at Gar
nett. That is as far as his dates are
scheduled.
The Ottawa Herald. Henry Aliens
paper, states editorially that it is not
supporting T. t. Kelley, Republican
candidate for state treasurer. The
statement is brought out by editorial
in the Ottawa Republic. Mr.. Allen has
repeatedly criticised Kelly and it has
been a well known fact that while Mr..
Allen is really the star campaign
speaker for the Republicans this year,
he has not been supporting Kelly, al
though he has not said so in his edi-
torial columns until yesterday Mr.. AL
f len is not a Tom Kelly sort of a Repub-
, lican. He places honor and honesty
above everything else in politics.
> A few days ago the Ottawa Republic
contained the following editorial:
Thomas T. Kelley. Republican candi-
date for state treasurer. stands charged
+ with having robbed Miami county of
, 81. .326. He has refunded the money and
, makes no defense against the charge
r that is worthy of consideration. So
manifest is his guilt that eighty Re
publican newspapers in the state refuse
to support him. However, his name is
still appearing with that of the other
state candidates in the Ottawa Herald
when, from time to time, that paper
gives space to the ticket
l Henry J. Allen. editor of the Herald
says openly in conversation that Kelly
is thief and ought not to be supported
: for an office of large trust like the
l treasurership of the state. But Mr.. AL
len does not make this statement in his
7 newspaper. Nominally at least the
Herald is supporting for state treasurer
a man whom its editor personally de-
] nounces as dishonest. The Herald:
q course is not fair to its readers. Mr.
Allen ought not to call Kelly thief un-
less he knows him to be such, and
i knowing him to be a thief. he most GER
tainly ought not to contribute to his
y election to an office which will place il
e his custody several million dollars Of
e state money annually.
1.-The Herald owes it to its own repu'
tation for candOr and honesty to statt
| publicly, yes or no. whether it is sup
porting a thief for state treasurer
d Here is Mr. Aliens reply published il
n the Ottawa Herald yesterday under tn
n heading unfortunately. Two of a Kind:
: The Republic keeps reiterating tn
u statement that the Herald is supportin:
3. Tom Kelly. This is not true The Re
> public is the only ottawa paper which ha
e spoken kindly of Mr.. Kelly. Mr.. Keil!
q Is about the same sort of a man that MI
Craddocx is. He has the misfortune q
having been found embezzler by tn
board of commissioners of his own count,
It in the sum of 81, 300. Mr.. Craddock ha
n the misfortune of having been found gull
n ty of grave fraud by the court of appeal
: in Missouri. If Mr.. Morgan will call a
o the Herald office we will show him cop.
IT of the Twenty-eighth Missouri Reports
Is which contain Judge Phillips opinion O
# Mr.. Craddock. Judge Phillips is a goo
l. Missouri Democrat and in this case O
L h. sfa "a