davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11

DDS of marking a ballot so as to dis
tinguish 1t without destroying its
effectiveness in the absence of evidence.
Can 1t then be assumed that the legiS-
lature, without an expression to that
effect, intended that every mark upon
ballot which might serve to distin-
guish 1T from others, should render such
ballot impotent? If such a rule had
been applied in this case, several bal
lots for Mr.. Hughes would have been
excluded which were in fact included in
the count. One ballot was soiled as by
a sleeve or dirty hand, probably the
latter. Another had a short irregular
mark up 1t, as if carelessly made by the
voter while examining the ballot by
pushing OF drawing the pencil 1t was
near the cross mark opposite Mr..
Hughes name, and connected with 1t,
though partly without the square. 1t
clearly served to distinguish the ballot
from all others. still it was counted by
unanimous agreement. Many ballots
which were properly marked for Mr..
Parker in the Democratic or Citizens
column, or both, were rejected because
opposite the blank space for mayor on
the so-called independent ticket and
in the square provided for that purpose
a cross mark was also placed. If the
result had been affected 1 would have
dissented from the decision of the court
in excluding them. The ballots were
not dishgured OF nutilated. They We're
neither in terms nor by fair implication
denied enumeration under the provi
sions of section %, and 1t cannot rea-
sOnably be dedueed that the crosses so
made were intended to serve as dis
t1ngulshing marks so as to place such
ballot under the ban of the law
The case of Farnham VS.. BoIand
(Cal) 66 Pae. Rep. 200, which holds adj
versely to the views above expressed.
was in fact rendered under a statute
widely different from ours, and is not
pertinent"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11
oorter for the State Iournal.

porter for the State Journal.
mo, not now-waiti I must see Mr..
Parker first. / want to talk to him for
about three minutes. Then 1 will make
a statement"
win you make any further fight for
the placer"
st can't say until I see Mr.. Parker
What do you want to see him
about?''
'.Oh, various matters which are pend
ing-council. and other things, you
know"
These interrogations and answers
were made literally on the run while
the colonel with his SLOUGH hat pulled
far down over his eyes. dashed out of
the city hall, and headed for Kansas
avenue, leaving a trail of cigarette
smoke behind him.
Col. Hughes tore up to Eagles cigar
store, Mr.. Parker's office. and other
frequent, but Mr-Parker was not found.
The colonel started for the Copeland
hotel and met Mr.. Parker just in front
of the transfer station.
How are you, colonel?" exclaimed
Mr.. Parker.
Mayor, I congratulate you." replied
Mr.. Hughes. Il want to talk to you
few minutes. Come over here in the
SUM-
The two men adjourned to the sunny
side of Eighth street. Mr. Parker climb
ed up and sat down ON the railing
around the stairway.
Parker and then on the other, and talk
ed, gestured and argued excitedly. Oc-
casiona1ly Mr.. Parker would shake his
head and reply with emphasis.
AS soon as the conference ended, Col
Hughes was asked if he was ready to
make his statement.
MIR. Parker says he does not want
the office" replied Mr.. Hughes. HE
says he has not wanted it at all, and
wants it still less than he did before
the decision
w We'll Vel s are you you going to make any
''Why-why-Mr. Parker has agreed
that we shall N eet Monday morning at
10 O'Clock. and that at that time we
tell till that time what will be my
plan"
Are you going to turn over the office
to Mr. Parker on Monday morning."
well, we are going to talk about it,
who will be mayor until that time?"
why, will-Mr. Parker asked me
to. Says he don't want the office now"
In some ways continued Col
worry and responsibility of this office
1t is a strain on man. Mr.. Parker
will find that out Financially it has
been a bad thing for me. Lawyers
stay in the office long enough to come
out even, but further than that 1 don't
care for the job
What is the question which you and
Mr.. Parker will discuss which will de-
termine whether or not you will make
further fight for the off1ce?''
'Oh, I can't tell what that is now.
Not now
Col Hughes fatty refused to talk
about the subject any more. 1t was
learned, however. that the subject which
was under discussion, and which Col.
Hughes says will determine whether or
not he will make any further contest
for the place, is the question of back
salary. Col. Hughes wants Mr.. Parker
al 70 boz oil %I,O
back salary he has drawn, amounting
to about 1000. Legally, Col. Hughes is
obliged to pay over to Mr.. Parker all
the pay he has received Col. Hughes
is also obliged to pay all the costs in the
case, which will amount to about $500
besides his attorneys fees.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11
ELLIS NOT SATISFIED.
Why He Thinks More Votes Should
Have Been Counted.

In his long opinion cencurring spe-
cially Justice Ellis quotes number of
decisions and discusses the ballot law at
great length. In closing he says:
Herein. all ballots not otherwise OBJ
jectionable, having crosses within the
prescribed squares, were counted. Some
of these crosses were small. others
were large; some were in the center.
others at the sides. and still others in
the corners of the squares. Authorities
are agreed that if the cross made within
the square sufficiently conforms to the
statute the vote must be counted, al
though the form or location of such
cross might possibly serve as a dis
tinguishing mark Such being the law,
suppose, by Encouragement, the crosses
upon a given ballot were all made in
the lower left hand corners of the
squares that fact would serve to dis
tinguish the ballot, and still it would
have to be counted by the judges of
election, and in case of contest by the
courts, unless by evidence aliunde the
vicious compact should appear. 1t
would be easy to point out other meth
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11
City Ticket omce

Union PACING R. R.. 525 kansas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11
ALBERT PARKER WINS.
econtsnued from First Page,

the vote counted in a candidates favor
ought to spring out of criminal ac1
on the part of the voter
THE authorities so far as we have
been able to find them, all concur in this
view: any other does indeed seem strange
when we remember how inadequate the
remedy of a criminal prosecution would
be. Both the purchaser and seller OF
votes get away with their 1n-gotten
goods, the one with the office and the
other with the price, and no harm can
come to them except through criminal
proceeding, and then only except they
be convicted of their guilt excluding a
reasonable doubt
See Whittam VS.. Zahorik, 81 Iowa %;
81 Am St. Rep. 316; Van Wrinkle vs.
Crabtree, "a Ore. 462, Sc Pac. SS1; Black
on Interpretation of Laws, Ga. This
theory. however. has the merit OF being
easy to understand and apply.
las a basis of this argument, it Will
be assumed that ballots obnoxious to
the provisions of section q ought not
to be counted; at this point, however,
our brethren Justices Smith and Ellis
leave US. They prefer to adopt the un-
certain rule of determining from the
face of the ballot, aided by what the
judges may happen to know outside, or
by evidence introduced aliunde, what
are Distinguishing marks, rather than
the safe and certain rule prescribed by
1T is entirely competent for the leg
islature to throw around the exercise
Oh the elective Ifanc01Se SuCn SdIe
guards as in its discretion and sound
Judgment, it shall deem best to insure a
pure and sacred ballot II is the &C.
knowledged primary object of the Aus
tralian ballot law to accom- pfsh this
end Its accomplishment is more i'm
portant. than that all persons OF the
requisite age should be counted in the
poll The object being as regards votes
quality first and quantity afterwards
So the law may well say to the voter,
if you wish your vote counted, you must
record your choice of candidates in this
prescribed manner; your intention to
vote must be aScertained in a certain
way There is no hardship in this. II
the voter would vote. let him prepare
himself to vote in the manner the law
directs In this there is safety for his
vote and our institutions as we'll. If the
board of election judges. or the larger
board OF supreme court judges, who
have counted the ballots in this case.
should assume to ascertain the inten-
ballot, when that intention has not been
expressed in the way pointed out by the
statute. they may perchance deduce the
wrong intention. may disfranchise the
voter; but however this may be, this
court following many others, has al
ready decided that the provisions Of the
Australian ballot law are mandatory,
and that ballots not marked IN accord
ance with those provisions are not en-
titled to be counted Taylor ". Bleak
ley, So Kan. 1, Pac.
so there only remains for US to in
qutre what those provisions are As to
the marks mentioned in section rs, we
are all at once. The law says expressly
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11

ecOntinued on Sixth Page.o
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11

HYOMEI is not an expectorant NOR
phine mixture, or a stomach medicine
but a dry-air gernicide taken in the air
you breathe and which destroys at once
the germs causing coughs, colds. ca
tarrh, bronchitis and pneumonia
You can carry the HYOMEI Inhaler
in your vest pocket or use a few drops
your handkerchief does not mat
ter Whitehall you have to do is to
breathe naturally and HYOMEI will do
the rest.
Hyomei is sold by all druggists or sent
by mail. Price 800. Send to The R. T.
Booth Co. Ithaca y. Y. for a five DAYS
treatment free and you will never use
stomach medicines for these diseases.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11
MIR. PARKER SWORN IN.
Officially Became Mayor of Topeka at
:45 Today

At LAS o'clock Mayor Parker took
the oath of office before ex-Polfce Judge
G. A. Magaw, who is a notary public.
Mr.. Parker and his attorneys then
Went at once to the office of City Clerk
Squires, where the oath of office was
duly filed. Mr.. Parker is now the fully
qualified mayor of the city of Topeka.
He became mayor as soon as the su-
preme court rendered its decision. and
it only remained for him to take the
oath of office.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11
HUGHES TALKS COMPROMISE
Wants Mr.. Parker to Not Ask For
Back Salary.

Col. Hughes is bearing up bravely
under the shock. Il am still secretary
of the State Poultry association he
said.
The first thing Col Hughes said when
he heard how the decision had gone
was:
We'll. well, I'm beat, I supposed I
want to go and see Mr.. Parker"
Cant you make a statement as to
what you propose to do?' asked a re-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11

On March IL the Democrats met in
primary convention and nominated
Albert Parker for mayor, together with
complete list of nominations for all
the other elective city offices. A very
pronounced anti-prohibition platform
was drawn up by David Overmyer and
adopted This platform proved to be Il
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11
END OF BITTER FIGHT.

Parker Hughes Contest Notable
One in City's History
just II months ago the city of Topeka
was beginning to hear the first faint
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11

ing diseases of the skin Put an end to
misery Doan's Ointment cures. At any
drug store.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-11

When the nose
runs, the eyes
weep, and the
b e a T i n G be-
comes impair
ed, H Y o 3 NJ 1
& | V c s relief
in an h o u r 3
time, allays the
Irritation. stops
I he secretion
and m a k e 5 a
complete C u r G
in twenty-fouI
hOl1TS
Arizona republican., 1902-08-20
WHEELS MIXED UP
In q Manner Which Puzzled Even
 the Court.

mystery still uns0lved was deVel- opcd in Justice Burnett's court yester- day. G. H. Artlip made complaint that a Mexican boy by the name of Pedro Gomez had stolen a bicycle from him. He said that he had left the wheel etandirg in front of Thayer's, and when he cane out t was gone. He locked for it up and down the street, and finally f-Ind it in front oi the Palace. He reasoned that the thief was inside and that all he would have to do would De to wait for him to come and retake the wheel. At last Gomez came out. and as soon as he tooA hold oi the wheel Artiip. who was acct.1-- panied by a witness, came forward and claimed it. He also sent for Officer Russell and Gomez vas put under ar rest Gome1 denied that he had stolen the bicycle but he said he had rented it of the Phoenix Bicycle and Repair company. When the ease came up fer trial D. $. Bray one of the proprietors of the company, was sent for, ana ne identified Gomez as a man to whom he had rented a wheel. but it was not the wheel that had been found by Artip MT Bray said that he had subsequent Iv found his own wheel on the side walk. not far from the place Artlip said he had left his. The two wheels though not of the same manufacture were black, and might by careless rider have been ConfOunded. II was then supposed that Gomez had taken the wrong wheel by mistake, but he thiCkened the ploC by showing that such d thing could not have happened
 He said that he had hired the wheel to go out to the orange grove to eel Iect a bill due him, and that when he came back to town the first place he stopped was at the Palace, and that he had been nowhere else with the bi- cycle He had a pc-icy ticket on the next drawing, and he waited at the Palace an hour and q h3l for it to come off. It was almost that long Art lip and his witness had waited outside fer the purloiner of his property to walk into the trap which he had a9pa- rently set for himself.
 Gomez was evidently telling the truth. and the court could see TO req son why he should tell q l'e about his movements. and there was no reason why he should want to trade wheels with Artlip for they were Of nearly equal value It was the belief cf the sou1t that the wheels had been shifted about by third person for some req son known only to himself Gomez was discharged.
Arizona republican., 1902-08-20
Sent Free
 To Men
Free Trial Package of this New Dis Covery Mailed 10 Every Man Sending Name and Address Quickly Restores Strength
 ald Vigor

Free trial packages of a most re- markable remedy are being mailed to all who will write the State Medical Institute. They cured so many men
Arizona republican., 1902-08-20

at her cottage to imbibe the contents of The Nibelungen Lied" by \. G. fCster-Barham. In the reading of 1t we hear the names Brunhilda, Sieg- fried. Gunther and Hagen. and are re- minded Of the glorious music of Wag- uer's "NiebelunS Ring" The Niebe- lungen Lied" is the great German iliad. It dates from the latter part of the twelfth century. and as the oldest tra- dition of modern Europe has antiquar- ian interest. Thursday evening. the childrens dance. Little white spooks were fitting around everywhere. for it was a sheet and pillow case party. Friday afternoon. q real cld-fashioned time we had at the Irvine cottage. IL was a knitting party Mrs. Irvine knows how to make folks feel Q f home. When all were seated about the frame needles flew in and out-and such a chattcring. Besides our hostess ana her cousin. Miss Earle, there were Ma dame Hine and her daughter. Mrs. Jerry Millay. Mrs. Kay and Miss Edith Kay, Mrs. Kyle, Mrs. Matthews, and Miss Matthews and Miss Ellis. Mrs. Bclton's delicious ice cream and cakes were served.
 Saturday evening-Dancing at the pa Vilion.
 Sunday morning a large attendance at the Sunday school. Our superin- tendent MT Will Robinson, had re- turned from California and waa pres ent. Miss Walker at the piano and Miss Kay with her cornet added great ly tc the singing. There were twenty nine children in the primary class. Young peoples meeting al 6:3O
 Dr. Conner spent Sunday at the springs. Monday Mrs. Conner returns to Prescott from her trip into Cali fornia.
 Sunday evening MT. Drake Doris and family leave for their Phoenix home. They will be greatly missed. Marion Doris has been quite sick. A number of Prescott people are at the springs for Sunday.
Arizona republican., 1902-08-20

A. D. ROBINSON. NJ. D. C. M.. MED
 ICAL DIRECTOR
 who had battled for years against the mental and physical suffering of lost manhood that the institute has decided to distribute free trial packages to ail who write It is a home treatment. and all men who suffer with any form of sexual weakness resulting from youthful folly, premature loss of strength and memory. weak back, vari- eocele, or cancellations of parts can now cure themselves at home
 The remedy has a peculiarly grateful effect of warmth, and seems to act di- rectIy to the desired location. giving strength and development just where 1t IS needed. It cures all the ills and troubles that come from years of mis- use of the natural functions, and has been an absolute success in all cases. A request to the State Medical Insti- ute, 1132 Elektron Building. Ft. Wayne. Ind, stating that you desire one Of their free trial packages. would be complied with promptly. The Insti- ute is desirous of reaching that great class of men who arc unable to leave home to be treated. and the free sam ples will enable them to see how easy it is for them to be cured of sexual weak ness when the proper remedies are em- plOyed. The institute makes no re- stTictions. Any man who writes will be sent a free sample, carefully sealed in plain package so that it's recipient need have no fear of embarrassment or publicity. Readers are requested to write without delay.
Arizona republican., 1902-08-20
Matters oi Rec ord

The following instruments reported by the Phoenix Title Guaranty and Ab- stract company were filed for record in the county recorders office yesterday:
 F. L. Brill and wife to Juan Vega. deed to let 2 block 8. nIilr5 -l5ition. Consideration S15o.
 Daniel A Tyrren and wife to Julia F. Carpenter. deed to ne ]: of re II of SC 14 of sec z9, tl ? II, r Q. Consid- eration. $1,150.
 Henry P Winter 10 Charles F. Gib- son. deed to undivided three-fourths interest n " T. cf nv 14 Of sec 9. tn ? n. r l e. Consideration. S1.
 Eugene H. TriDpel and wife to joseph NJ. Locke. deed to ne'zz Of ne Ii c: sec 2. tn l D. , e. Confederation, S20. coo.
 Laura C. Creighton and husband to Sarah F. MCCord. deed to lot 6. block K, Bennett flace. Consideration. S5.0g0
Arizona republican., 1902-08-20
Nothing Succeed S Like SuCCe SS!
Sure, Safe and Speedy Cure Of Rer- VOus Sexual and Blood Diseases.
DR. HlBBARD

is a graduate of liar yard Nedical College and former [ nited States Pen sion Exsmi- ner. HIs qualifications are q ability experience, and reliability Among his patrons are 'ome of the most prominent ci'iZen~ Cf Ar,zoI a. If sick Shun TateuL medi- cineS, .lectTic bcifs, tree lr'al packages and nnski Q nhVNil.laI s
Arizona republican., 1902-08-20
}. HENRY WOOD.
ACCOUNTANT

Telephone 3731. PHOENIX, ARIZ.
 Books of account audited and sys- tematized; mining and other invest ments investigated; also acts as incor- porator and agent for Arizona corpora tons. Formerly Savings Bank Auditor, Buffalo. N. Y, Treasurer and Manager Cobre Grande Copper O.. Golden Wave Mining O., etc, etc.
 Mining enterprises particularly are sometimes so managed that profits are wasted and unnecessary losses accrue. offer my services as follows:
 Mines nagement systematized, in- troducing economies in every depart ment; examiuatic-s made. determining financial possibilities Of mining and other enterprises
Arizona republican., 1902-08-20


 KIDNEY, URINARY, BLADDfR, PRNsIE ard SthU,L diseas. S, SEMINAL WEAKNESS with exhausted vitality. quickly sUd pCrwan"ntlv cured Have you any hronic dise~se? Ii so stor K perimeu riI z sHd treating with doctors wbOdn not understard your ease Many a man al- though bl- to be about is unfit for pleasure and business by VI a'on ot Caocar and F~- terndl GrOwthS removed without the knife. Testimonials at office. The Doctor makes d speciality of Chronic Diseases and Abnormal Crowths. Dr. Hibbard's success is due tO lOrg evp'ri- fence and xceptioDal ability in tresiing complicated snd intiirsta 'seases Place your case in his hands and be dealt with hOu- estly and SC ent fc4llv. Pemt m Der he de votes his er'i'e time srd study - chronic disorders. IirOSsitle ALWAYS BE iNtMI%ID BY AN EkPIRT If unable to cs n, write rely ard cOntid- -ntial y. kef@ euces All THe BANKS And prom ineut businsSS men Cf ihe city CONSULTATION bv person ar lett-rIRFF. Souts: 1O2-l-3--7. Ofiic. sJ''' lab~r tory, 2G-27 S11t h Second Avenue HtBBARD BUILDING, PHOINIx, ARIZONA.
Arizona republican., 1902-08-20
WAY TO CUBE THE FOOD TRUST

So Tar as the meat question is con- oerred, the simple, effective and unerr- ing way to smash the present prohib- itive prices is tC abolish the customs duties and give the people free meat. Then when meat is abundant, at req soma ble prices, the prices of other food products will come down by reason of the lcsscned demand.-Ar-- Argus
Arizona republican., 1902-08-20
AFEW REASONS

Why you should have your clothes made by us:
 BECAUSE-We are headquarters for merchant tailoring in the territory.
 ECAUSE-Merchant tailoring is our exclusive business.
 BECAUSE-We guarantee to give satisfaction in every particular
 BECAUSE-All orders are promptly filled with neatness and dispatch.
 BECAUSE-Our prices are right and We treat everybody alike.
 BECAUSE-We keep the largest stock in the territory to select from
 BECAUSE-We keep the finest novel, ties purchased from the best houses in America.
 BECAUSE-We keep ncne but first class workmen.
 BECAUSE-We keep our store open all the year round to attend to the wants Of our customers.