The Topeka state journal., 1902-10-18

ton to result differently from the way
in which it would result if those parts
of the statute should be stricken down.
These provisions are not only political
but We're designed to effect the election
and to help the Republican party and
to injure the opposition They limit the
free choice of candidates by political
parties This cannot be done under the
constitution. The law is plainly uncon-
stitutional and it would seem that the
justices so understood it.
Their decision left the various district
courts the only tribunals competent to
decide the question. AS all were of
equal authority we selected the district
court of Sedgwick county because of
the recognized ability and judicial fair
ness or the Hon. d. M. Dale, its preSid-
ing judge, believing that his decision on
the questions involved would be accept
ed under the circumstances as final. We
were met, however, by an objection to
the jurisdiction of that court over the
secretary of state which was sustained.
The point decided was. that under the
statute public officer cannot be sued
for official neglect outside the county
where his duties are performed. Under
this decision no district court has juris-
dictfon over any county clerk but the
one of the county where the suit is
brought, and no single action could be
brought in a district court which would
settle the controversy. 1t would have
been physically impossible, after the de-
cfsion by the supreme court, for us to
prosecute suits in every county in the
state, in most of which the courts are
not in session and in many of which
conflicting partisan decisions might be
anticipated so that the result, if the at
tempt had been made. would probably
have been to introduce still further con-
fusion.
We have failed to obtain hearing on
the merits of our case before any court
We now appeal and submit our case to
the sovereign power of Kansas. the
voters. 1t is a question of your sover-
eign rights to freely express your will
at the ballot box through fair ballot
The official ballot which will be pro-
vided for you at this election will be print
ed in a form designed and intended by the
Republican party to deceive, mislead ard
deter you. You will find heading, ''Peo-
pies Ticket" underneath which you viii
ind in place of the names of the candi-
dates the words. mo Nomination This
by the authority of Republican majority
in the legislature and Republican execu-
ceiving you and making you believe that
the Peoples party have named no cam
dldates for state offices The fact is that
the Peoples party has nominated full
ticket. majority of which is made up
of members of the Peoples party of long
and well recognized standing as such.
Members of that party have an opportun-
ity to condemn this fraud only by voting
for their candidates with their names ap-
pearing in the Democratic column. If be-
cause they so appear you shall be in
duced to abstain from voting for Them
TIE lIduQuletll PuIpOSG OF lHe Q1SnOnGSL
authors of the law will have been accom-
plished.
You Will also find on the official ballot
q mother ticket headed "Populist Ticket
and placed there by the same authority
also to deceive you. The Peoples party
is often called the Populist party but the
ticket you will find under the heading
Populist Ticket was not nominated by
the Peoples party or the Populist party
but by a new organization going under
the name of Allied Peoples party. The
secretary of state who while these proceed
ings have been pending has concealed him
self to avoid being brought into court has
without any authority of law certified this
as the Populist Ticket.
But appeal is not merely to a party
but to all fair minded men Republican
partisanship has made the official ballot
an instrument of fraud and deception.
Such partisanship honest Republicans and
DENIM It has been perverted from its true
purpose of affOrding truthful information
to aid tile voter to fairly express his SOW
ereign will at the ballot box and has been
filled with falsehood to mislead and de-
ceive him and with obstacles to deter him.
The names of the beneficiaries of this
fraud will appear under the heading Re
publican Ticket. No matter what your
past or present party affiliations may be-
If you believe in your own inalienable
rights as a voter and despise trickery
faIsehood, fraud and coercion, as every
in this case condemning this infamous law
by voting for those Candidates who are
opposed to it and whose names the au-
thors of that law have caused to be placed
only under the heading Dem ocratfc Ticket
S. H. ALLEN.
DAVID OVERMYER