The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-04
October Sitting of Supreme
Court Will Begin Monday.
First Case Is That to Test
Anti Fusion Law.
INTERESTING CONTEST.
All the Attorneys in the Case
Are Working Hard.
Auditor Cole Makes Tour of
State Institutions.

When the October sitting of the supreme
court opens at $50 next Monday morning
which will be the first session since the
July vacation, the first case to be called
will be the one brought by W. H. Grad
dock to test the anti-fusion law. 1t will
be given the right of way over everything
else.
The attorneys for Mr.. Craddock are ex-
Justice S. H. Allen, E. S. Waterbury, one
of the fusion candidates for justice, and
1 David Overmyer- The states side will be
argued by Assistant Attorney General
West.
=. There is a feeling among the Republic
cans that the Democrats are not anxious
to have the law overthrown, as it forces
the POpulstS into the Democratic party
if they cut much figure in the future. The
Republican leaders think the suit is
brought largely to satisfy those Populists
who think the law is unjust and who were
promised at the time of the Populist state
/ convention that it would be tested in the
supreme court. They believe that the
Democrats do not either hope or desire to
overthrow the law and that there is, there
fore, little danger of an adverse decision.
Notwithstanding this Judge West has
! been hard at work looking up opinions on
the subject and preparing his brief and
argument He has been over the entire
case very carefully.
Why is Judge West working so hard on
the case if it is such a sure thing pro-
/ position as the Republicans seem to
think?" the attorney generals department
was asked.
/ It's because these sure thing PROPOSE
! tions are not always so dead sure after
all, and because a lawyer thinks it is a
disgrace to be caught on anything that
1 everybody thinks is sure thing said
Captain Clad Hamilton. It's the safe
! thing to do in a law suit to carefully pre-
/ pare for it, 1 remember I had the easy
end of sure thing proposition against
/ the late Judge Ellis up in Mitchell county
once, and had to work like everything to
/ save myself.
A decision in the case is looked for with
in a short time after 1t is argued, two
three days. perhaps. This will be neces-
sary so that the secretary of state will
/ have plenty of time to certificate the Off
oial ballots down to the los county clerks
! in the state The writ of mandauus
placing of his name on both the Popu1ist
and Democratic tickets on the official ball
lot, will either be refused or granted with
in short time, but the written opinion in
| the case probably will not be handed down
until month later.
The argument of the case Monday morn
ing will probably attract considerable at
tention, especially among the lawyers and
politicians. A peculiar feature will be
that five of the seven justices who will
hear the arguments will be directly in
terested in the case, four on one side and
one on the other. Chief Justice Doster
ana justice Buren, Two OF the NUMBER,
are candidates against one another.
State Auditor Cole in company with
John Stanton, the state architect has
about completed his tour of the state in
situations and after canvassing the needs
Of the various state departments and
finding out how much money they are
going to require the coming year, he will
. prepare his report to the legislature to
the needs of the state institutions
There is one recommendation, however,
) which he has definitely decided upon al
, ready, and he will recommend it immed-
/ lately to the state board of charities. It
is to remove the acetylene gas plant from
the school for the deaf and dumb at
Olathe
Auditor Cole says he considers this
5 plant positively dangerous as it is now
: run. The plant itself is located in a
7 building separate from the school build
ings. but quantities of the materials from
: which it is manufactured are stored in
l the main building. The gas is generated
by the action of water or dampness ~or
: this material, and this is what makes ii
dangerous.
If a small fire should happen to start
in the locality of that material and wa
ter should be turned in to put it out,
= there is no telling what would happen,
2 said State Architect Stanton.
r I shall recommend that the acetylene
plant be removed as soon as possible 81
. Said Mr. Cole today. There is special
: need of it anyway I understand it was
r put in years ago and since then an cleo
4 trio plant has been installed. The cleo
trio plant is run until along late in Tho
evening and then the gas is used if Iighi
is needed later. The electric plant j.
= sufficient for all ordinary needs