The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-07-06
Mr.. Allen Has Until Friday to
Present Evidence.
TO BE ARGUED MONDAY
Decision or Court Causes Pecu-
liar Situation In WyandOtte.
Republican State Central Com
mittee to Meet Monday.

DSBln AT once
Mr. Allen will have until Friday night
TO secure his evidence. and the defense
will have until Saturday night 20 pre-
sent what il wishes. The evidence will
ythen be presented to the court and will
be argued next Monday afternoon.
The term Allen Bowersock contest
is not technically correct Mr.. Bower
sock is not a party to the suit. Secre-
tary of State Burrow is the technical
defendant. but Bowersock is practically
the defendant. His attorneys are de-
Tending the action and ne is undoubt-
eddy paying them.
The attorneys had some difficulty in
finding a referee upon whom they could
agree. Mr.. Allen was represented by
w s. jerks of Ottawa, and Mr.. Bower
sock was represented by George j.
Barker OF Lawrence and H. G. Larimer
Of Topeka They first agreed upon
Judge Hazen for referee. but when
Judge Hazen was found late Tuesday
afternoon he declined the appointment
as he is now taking his vacation be-
tween his terms of court and did not
wish TO plunge into other work in the
meantime
ter as referee but the defense refused to
have Doster. The reason given was
that they did not wish to go outside of
the Republican party They insisted
upon having a Topeka attorney and
Republican. Mr.. Doran was finally
agreed upon
The supreme court decision, rendered
yesterday. is likely to bring about
peculiar situation in Kansas. In fact
It already exists in Wyandotte county.
According to the state contest board
the nomination Of Bowersock was legal.
Bowersock was nominated with the aid
of the '-rump' or Barnes delegation
from Wyandotte county If Bowersocks
cIusion would also be that the county
ticket nominated by the Barnes crowd
in Wyandotte county would be legal
The Barnes people insist that this is
correct and that their ticket must go on
the official ballot. But the county con-
test board has already decided that the
McGrew county ticket is the legal one
and that it is going on the Official bal
hot.
The supreme court decision that says
the findings of the state contest board
IS final in contest coming under its
jurisdiction, unless fraud is proven,
also applies to county contest boards.
The decision Of the county contest
board in Wyandotte county is final I'M
board. And as the McGrew ticket was
nominated by over three hundred dele
gates. while there were only nine dele
gates in the Barnes convention. it Will
be impossible to prove fraud or bad
faith against the election board.
Here is the situation; The Barnes
crowd named a county committee
which is recognized by the congress
sional committee and may be recog-
nized by the state committee 1t has
no standing I'm the county, however,
and the county campaign viii be con-
Quoted by the county committee Sc
Iected by the McGrew convention and
recognized as the legal committee by
the county contest board
w. r. Stubbs. chairman Of the Re-
publican state central committee. has
called a meeting of the state commit
tee for next Saturday night at the
National hotel. This will be the first
meeting of the committee since the
one at which it was organized shortly
after the state convention The pur-
pose OF the meeting is to arrange for
the opening of the campaign and the
opening of headquarters 1t is gem
orally understood that the opening
meeting Will be held at Marion, and
an effort viii be put forth to make
IT a great event. one which will bring
together prominent Republicans from
all parts ct the state Speakers may
also be imported from other states.
Chairman StubbS Will also probably
announce his executive committee at
the meeting OF the state committee
Saturday night
Two members of the state commit
y tee. at least. will be absent Saturday
might. They are Morton Albaugh and
Cyrus Leland. Mr.. Albaugh and Mr..
Leland are somewhere up in Canada
will hardly get back to Topeka by Sat
urday night
The state Journal is in receipt of
the following communication:
People who have noted Attorney
General Coleman's recent opinions
concerning the legality of the consti-
tutional amendment proposition are
wondering what 'exigencies of poll
tics demanded that he go up against
the courts in such a way
Of
from a story. presumably true. re-
garding one of the generals lightning
changes Of front which occurred some
time ago There was question as to
a vacancy on a certain state board
which vacancy. IL there was one. was
to be filled by the executive council
In order to go at the matter right
Governor Bailey sought and obtained
an official written opinion from Mr.
Coleman to the effect that there was
no vacancy The governor knew
there were one or two other members
of the council who held the same view
and from the document in his inside
pocket with the attorney generals
name attached he felt that he had
reason TO suppose that official would
be with him too. When the matter
came before the executive board Mr
Bailey naturally took this ground. but
on a vote he was downed by the op-
position. and. to his utter astonish-
Tnent. Mr.. Coleman was voting with
the other fellows
The governor was rather warm IN
der the collar, and took the attorney
general to task in language more
forcible than polite for this little
double deal. and met with this reply.
% The exigencfes Of politics some
times require that we must stand by
our friends.
The governor exploded something
about one law for his friends and
another law for other people, and
with few verbal pyrotechnics the in
terview was closed"