The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-09
Question About Soldiers in
Home to Be Settled.
Decision by the Supreme Court
Is Expected Tomorrow.
WILL AFFECT POLITICS
An Important Bearing on First
District Affairs.
Result Awaited With Interest
By Curtis and Anthony.

tomorrow will be decision day in the
supreme court, the first since the sum-
mer vacation. number of decisions
are looked for Among the most i'm
portant Will be the case which involves
the validity of the state law giving the
old soldiers living at the national mill
itary home at Leavenworth the right to
vote as citizens of Leavenworthco county.
TIE decision in this case will have
an important bearing on the First dis
trict congressional fight next year.
There are more than three thousand
veterans in the soldiers home, and at
least nine-tenths of them vote the Re-
publican ticket. If they are held to be
citizens of Leavenworth county it will
greatly increase the size of the Leaven-
worth county delegation.
Both Curtis ard Anthony have plans
for utilizing the soldiers home vote in
case 1t is held to be valid. Regularly
it would be part of Delaware town
ship, Leavenworth county. If Anthony
carries Leavenworth county in the
congressional contest, as he expects to
do, counting the soldiers home vote in
Leavenworth county would consider
ably increase the Leavenworth county
delegation and therefore give Anthony
more votes in the convention at the
start.
But Mr. Curtis has another plan, and
as he probably controls the congress
sional committee it may be carried out.
His plan is to treat the Soldiers home as
though it were separate county. Only
about 500 votes were cast in the election
last fall. but Mr.. Curtis idea is to give
the Home credit for as many votes as 1t
has inmates. and allow 1T to elect its
delegation to the congressional conven-
ton independent of Leavenworth coun
ty. the delegation to have as many
members as it's 5000 or more voters
would entitle it to- Mr.. Curtis could pro-
bal bly, secure the Soldiers home delega-i
tion without any difficulty, while he
might not carry Leavenworth county.
In the election a year ago. John III.
! Cory was the Republican candidate for
! county treasurer of Leavenworth coun-
ty and Drake B. Spencer was the Dem
ocratic candidate for the Office. On the
face of the returns, Cory received 1854
votes and Spencer received 3,061. The
certificate of election was awarded. to
Cory the Republican candidate, where
upon Spencer brought contest proceed
| ings alleging the illegality of the votes
cast by the veterans in the Soldiers
home which were cast last year for the
first time under a law enacted by the
| legislature of 1901 giving them the priv
ilege of voting in the county. Only
about 500 of the 5000 inmates of the
Soldiers home voted. OF these votes,
Cory received 762 and Spencer %. In his
petition fled before the supreme court,
Spencer alleges that the statute per
mitting the veterans to vote in Leaven-
worth county is unconstitutional He
says it violates section of article OF
the state constitution which reads as
follows:
For the purpose of voting, no person
shall be deemed to have gained or lost
a residence, by reason of his presence
or absence, while engaged in the service
of the United States. nor while engaged
state or of the United States, or of the
high seas, nor while a student OF u
seminary of learning, nor while kept
at any aims house or other asylum at
public expense.
Cory in his answer. alleges that at
least 400 defective ballots were cast foi.
Spencer The defects he complains OF
were the crosses made by voters after
the words mo Nomination which ap-
peared on their ballots
The contest court was organized by
the probate judge of Leavenworth coun-
ty and the ballots were counted The
court threw out 80 defective Spencer
ballots and 119 defective Cory ballots. 1t
also threw out all of the Soldiers home
vote except a very few which were cast
by old soldiers who have residences in
the county outside of the home. This
gave the office to Spencer. Cory ap-
pealed to the district court, but that up
held the decision of the contest court
and he then brought the case to the
supreme court.
Mr. Spencer has employed Frank
Doster, ex-chief justice of the supreme
court, to present his case before that
tribunal. The case was argued ana sub
mitted at the July sitting of the court
and the decision is expected tomorrow.