The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-23
Hope by This Means to Have
Case Thrown Out.
MR.. WELLS FINDINGS.
They Now Enter into Case and
Cause DeniaIs.
Case Did Not Come Up
Saturday.

FROM
preme court by Secretary of State
Burrow in the Second district congress
sional contest, it would seem that the
main effort of the contest board and
Congressman Bowersocks attorneys
is to disprove any conspiracy among
themselves. That seems to be the
main burden of the principal afhdavits
filed with Mr.. Burrows answer.
1t seems to be the hope of the Bow
ersocx managers that they can get
the case thrown out of the supreme
court by disproving conspiracy. They
Will argue that if there was no collu-
sion or fraud on the part of the con-
test board, the decision of the contest
board must stand as final.
On the other hand, Mr. Allen $
attorneys will probably argue that the
! decision of the contest board cannot
| be final as regards the law In the
! case; that it is only the final act of
series of ministerial acts, but that the
supreme court has authority to pass
| on the legal questions involved. Other
! wise, they will argue, the law creating
| the contest board is unconstitutional.
Attorney General Coleman is not
defending Secretary of State Burrow.
1 Mr.. Burrows answer was filed by H
G. Larimer. one of Bow'ersock's attor-
neys-
There will doubtless be some coun-
ter affidavits filed, particularly with
/ reference to whether Attorney Gen
eraI Coleman and Secretary of State
Burrow admitted that the findings of
fact by State Auditor Wells with ref
erence to Wyandotte and Miami coun-
ties were correct Mr. Aliens attOr-
neys assert that when Mr.. jerks asked
if the majority of the contest board
agreed with the findings made by Au-
/ ditOr Wells in his dissenting opinion,
! Mr.. Coleman admitted that Mr. Wells
findings were in the main correct so
fu 11a "a rs
Mr.. Coleman and Mr.. Burrow assert
I that this is not true, and they do not
agree that Mr.. Wells findings were
| correct.
A peculiar affidavit is that filed by
c. f. Tucker, of Lawrence, formerly
chairman of the congressional COM
mittee The Allen men assert that
Mr. Bowersock asked Tucker to go TO
the Garnett convention and use his
position on the congressional commit
tee to seat the BowersOck cOntesting
delegations in the preliminary Organi-
zation. and that Tucker refused to do
anything of the sort; that he re-
mained away from the convention on
this account. giving his proxy as COM
mitteeman to Wilder 5. Metcalf in
stead. and that Metcaf carried out
7 BOwersoclx's wishes
Mr.. fuckers affidavit appears to
contradict the statements made bv
Aliens attorneys, but in reality it does
not do so. Mr.. Tucker in his aft
davit simply says that Mr.. BOwersock
did not ask him to remain away from
the Garnett convention, but on the
contrary urged him to attend, and
that he CTucker) had no conversation
with Metcalf with reference to what
should be done at Garnett.
The case will come up for argu-
ment at the June sitting of the su-
preme court week after next and the
decision will be due the first week in
July.
The application for write of man
damus in the First district contest did
not come up in the supreme court
Saturday D. r. Anthony, jr., who
asks for the writ to compel Secretary
of State BurrOw to certify his name
as the Republican congressional nom
inee in the First district instead of
that of Congressman Curtis, came
over from Leavenworth Saturday
afternoon, but owing to the fact that
D. r. Hite, one of Mr.. Anthony's at
tOrneys, who had the matter in hand,
had not returned from Washington,
the application was not called up. 1t
was set to be called up Saturday.
Judge David NJ Dale Of wichita.
whom the Democrats are talking of
: nominating for governor, will deliver
an address setting forth his views
upon state issues at Cheney, Sedgwfck
county, next Friday evening. 1t will
be his first public expression of his
views since he has been mentioned as
a probable nominee. The people of
Cheney, most of whom always have
been for Dale for anything, circulated
a petition two weeks ago urging him
: to address them 1t was signed by
men of all parties At first he re-
fused, but they insisted, and Judge
2 Dale finally consented to make the
speech. They told him he need not
declare himself with regard to the
nomination, but they wanted advice
and information on the status of af-
fairs in Kansas and the way to rem
edy existing evils. They wanted his
} views. Should Judge Dale be given
and should he accept the nomination
: from Democrats and Populists next
: influence in shaping the policy of the
: fusionist campaign.
D. w. Blaine has been heard from
He says Pratt county will need fuIly
as many harvest hands as last year
but he does not pretend to speak for
the whole state this time.
The senatorial convention in the
Thirteenth senatorial district compos-
ed of Wilson and NeOsho counties. will
[ be held tomorrow in Chanute 1t is
claimed that S. S Benedict got a ma
jority of the Wilson county delegates
: in the primaries Saturday. His friends
claim 2S to Is for s S. Kirkpatrick The
delegates are elected by townships
A however, so that if Kirxpa trick could
get a large enough majority in Neoshc
county he could still win, even though
: Benedict should have the lead in VIII
: son.
!. A boom has been started for Ton
{ NcNeal for state printer against Geo
? A Clark. provided the proposed state
/ printer constitutional amendment does
a not let Mr.. Clark hold over until 1907