The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-07-09
Attorney General Makes Rather
Startling Admissions.
Made No Attempt to Ascertain
Who Were Legal Delegates.
MR.. WELLS OPINION.
Possible Auditor Knew of Cole
mans Decision Before Contest
Trouble Experienced in Secur-
Ing More Witnesses.

Succeeding the Anthony-Curtis con-
test hearing before T. F. Doran as su-
preme court commissioner Friday aft
ernoon. the Allen-Powersock contest
was taken up with Attorney General
Coleman as a witness. There was moth
ing more to be done in the First dis
trict contest until more witnesses could
be secured.
In some respects Mr.. Coleman's tes-
timony in the Second district contest
was similar to that in the First dis
tFict case. He said that ne and Secre-
tary of State Burrow determined the
contest by determining which of the
two conventions at Garnett was the
legally organized convention. The tes-
timony was tame until w S. Jenkins,
attorney for Mr.. Allen, asked:
Did you determine to make up your
judgment concerning which was the
legal convention, regardless of who
We're the legal delegates?"
This question was objected to- but
Commissioner Doran ruled that it must
be answered
Mr.. Coleman said he would answer
any question he could understand but
he could not understand that. The
question was read to him by the stem
ographer and he replied in the negative.
Did you make any attempt 10 as
certain who were the legal delegates
asked Mr.. jerks.
No" answered Mr.. Coleman.
fled by Auditor Wells was then taken
up. Mr.. Coleman stated that Mr.. Wells
had said he would file dissenting
opinion when the board voted on the
decision of the contest a few minutes
before the decision was rendered MT
Wells had his typewriter opinion all
prepared. and Mr.. jerks asked now
Wells knew what the majority of the
board We're going to decide. Mr.. Cole
man replied that he had talked infor-
mally with both the other members OF
the board and each had probably indi-
Gated what his opinion was.
'.As a matter of fact did not Mr..
Wells know what your decision would
be before the Allen case was heard?"
asked Mr.. jerks.
1T is entirely possible he did, was
the surprising answer of Mr.. Cole
man.
The witness shortly afterwards ex-
planned that Mr.. Wells had learned the
difference in the theories between him
self and the other two members of the
board as to what must be decided, and
would therefore know the different con-
illusions that would be reached
One of the questions that has been
most disputed with reference to the
Second district hearing is whether At
torney General Coleman conceded that
the statement of facts concerning the
delegations from EyandOtte and Miami
counties were substantially correct. Mr..
jerks insists that Mr.. Coleman did
make such an admission, but Mr.. Cole
on the witness stand MIR. Coleman said
he could not remember the question pc
ing asked him, nor could he remember
asserting to it
Mr. Wells in his dissenting opinion
stated that the Bowersock delegations
from Miami and Wyandotte counties
had no claim to seats in the conVen-
ton. and that therefore Allen had
ma jority of the delegates 1t was this
statement which it is alleged that
Mr.. Coleman conceded was correct.
do you remember seeing X. l..
Marshman in Clay Center between tn
time the Allen case was heard and
the time you gave your decision, and
telling him that Bowersock had no
more right to the DELEGATION from
Miami and W-andotte counties than
you had?" asked Mr.. jerks.
Il remember seeing Mr.. Marshman
at one time. but cannot fix the date,
and I do not remember making that
statement" answered Mr.. Coleman
You did not think that the ques-
ton as TO who were the legal dele
gates in the convention was for you to
determine -
In fact. you haven't yet deter
mined who where the legal dele
gates?" >.
the contest was settled.
You never seriously considered
q will not answer that" said Mr..
Coleman
The witness explained that accord
ing to his theory. and he had looked
up legal authorities on the subject,
the thing for the contest board was
to determine which was the legally
organized convention, and that the
convention was the judge of its own
members. In settling which was the
legally organized convention the ma
jority of the board had seriously con-
sidered the makeup of the congress |
sional committee.
Mr.. jerks tried to bring out that it