The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-31
Anthony Curtis Contest III Fed
eral Court.
Question ef Whether Shawnee Is
in First District.
AN ORDER Is ISSUED.
Monday Fixed as Date for the
Hearing.
ConstitutiOnality of Election
Board Also to Be Tested.

lit -SQl Alo OOllCol III tA4O
First congressional district has been
taken into the federal court. The fed
eral question raised in it is that Shaw
nee county is not in the First congress
sional district, the old contention
before but has never been tested in the
courts. An application for a manda-
tory injunction was filed in the federal
court last night by the attorneys for
d. r. Anthony, Jr., and Judge Pollock
issued it with next Monday as the re-
turn day on which it will be heard.
The members of the state election
board, Secretary of State Burrow, At
torney General Coleman and Auditor
Wells, are the defendants in the &C
ton.
The application for the writ covers
about 16 typewriter pages 1t first
nee county is not in the First congress
sional district, setting forth the ap
portionment of 1888 by which the First
district was comprised of Doniphan,
Brown, Nemaha, Pottawatomie. jack
son, Atchison, Jefferson and Leaven-
worth counties: that the act of con-
gress of 1891 provided that the Kansas
legislature should reapportion the
state and that until it did reap
portion it and make a new district the
old districts should remain; and that
there has never been reapportion-
nent.
CONSPIRACY IS CHARGED.
Next the application goes into the
history of the contests in the various
counties of the First district, alleging
fraud in the election of the Curtis dele-
cations in jackson, Atchison. and
Leavenworth counties, and this is fol-
lowed by a recital of the facts of the
congressional conventions at Holton.
Probably the most startling allega-
uonS OF the application is the allega-
tion of conspiracy on the part of the
three members of the state election
board. Il is alleged that they traded
their official recognition of the doinss
and practices of the Curtis Walker
faction for votes for themselves ana
their supporters. Tfseeappif-ation SAYS:
Your orator furtlser AYERS that the
defendant ]. r. Bufrow, and the de-
fendant c. c. Coleman, and the de-
fendant Seth Wells We're candidates be-
fore the state Republican convention,
held at Wichita, Kas., on March 8, 1904,
for the purpose of nominating candi-
dates for state offices to be filled at the
same election a which members OF
congress from the several districts of
the state Of Kansas are to be elected.
Your orator AYERS that the said J.. R.
Burrow and the said c. G. Coleman and
the said Seth Wells corruptly and
fraudulently traded their official recog-
nlI1On OIL the QO1IRS anu DIdCliCG5 VI
the said Curtis, Walker and of the said
corspirators for the support of said
faction at the said state convention
held at Wichita as aforesaid. Your
orator AYERS that by a DrecOnceiVed
plan and design on the part of said
consDirators, including the defendants
herein, the delegations SO as aforesaid
pretended to have been selected by the
Republican electors of jackson county
in the manner and under the circum-
CT herein he 1nfarrpd n
recognized by means of the active CO.
operation of the said defendants here
in and each of them by the said state
Republican convention credentials com
-mittee as regularly elected delegates
from said county. and that the pur-
pose and design of the said defendants
herein in procuring the recognition OF
the said spurious delegates from jack
son county to said state convention was
to obtain the influence and support of
the Curtis-Walleer faction in said First
congressional district, notwithstanding
the said defendants then and before
well knew that the pretended election
of said delegates had been obtained by
the said conspirators for the fraudulent
and corrupt purpose of depriving the
electors of said First congressional dis
trict of the right of expressing their
choice of a candidate of the Repub-
ican party of said congressional dis
trict for the office of member of con-
gress from said district"
Further on the application continues:
TOUCHES A D. WALKER.
Your orator AYERS that the said A.
D. Walker secretly conspired with de-
PENDANTS herein and with the said Cur
tbs and others to deliver his support and
the votes of the said pretended delegates
from jackson, Leavenworth and Atchi-
son counties to the said defendants and
their adherents in consideration of the
recognition by these defendants of the
said delegates and their Reputation of
the action of the regular congressional
convention which nominated your ora
tor And your orator further AYERS that
this corrupt agreement was in fact car
ried out and that in the future in fur
therance of said corrupt agreement
these defendants will, in the manner
and form of law, proceed to aeknowi-
edge and recognize the pretended dele
gates of the Curtis We alzer faction from
Jackson, Atchison and Leavenworth
counties, although these defendants and
the said conspirators we'll know that the
said delegates were not elected in the
manner provided by law, and that their
recognition constitutes a fraud upon the
Republican electors of said congression-
al district
The application then raises the con-
stitutionality of the law creating the
state election board, going into it in
detail and closes by asking for a tenn
porary injunction restraining the de-
fendants from sitting as court OF jus
tice on the Anthony-Curtis contest, and
asks for a writ of mandamus to COM
pei the secretary of state to certify the
name of d R. Anthony, jr., to the
county clerks of the counties in the
First congressional district as the Re
Dublican nominee for congress.
Judge Pollock granted a temporary re-
fstraining order on the application and
the hearing for the temporary injunc-
tion is set for 10 o'clock next Monday
morning
The mandamus action brought by
Henry Allen in the supreme court tc