The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-11-01
MIR. sAPP FOUND OUT.
Straightens Out Complication About
Names on the Ballot.

Chairman Sapp of the Democratic
state central committee has been in a
quandary about the legal marking of
ballots for supreme court justices and
lieved his mind by the following letter:
Topeka, Kan, Oct. 81, 1904.
Attorney General Coleman, Topeka,
Kansas.
on the validity of a ballot on the can
didates for justices of the supreme
court and railroad commissioners.
You will observe that in the Republic
can column are two names, to-W1t:
VIM. r. Smith, and E. w. Cunningham.
Opposite Smith, and in the Democratic
column, appears the name of stephen
H. Allen, and opposite E. w: Cunning
ham, and in the Democratic column,
appears the name of John 7. Little.
All of these gentlemen are candidates
for the long term.
Suppose a man vote for smith and
Allen, whose names appear opposite
each other, and then vote for Nicholson,
the candidate for four years, the voter
in fact expressing his preference for
three names. The question is, is the
ballot effective?
Second-The ballot also contains the
name of G. w. Wheatley in the Re
publican column, and opposite IL the
name of w. NJ. Ferguson appears IN the
Democratic column; next below, in the
Republican column, appears the name
of A D. Walker, and opposite 1t, in the
Democratic column, appears the name
of Frank H. Chase. Next below, the
name of ]. w. Robson appears in the
Republican column, while opposite his
name in the Democratic column, there
is a vacant space, all candidates for
railroad commissioner for the same
term.
Suppose a man vote for Wheatley and
Ferguson, whose names appear opposite
each other, and then votes for Chase,
the question is, is this defective bal
lot?
In other words, the secretary of state
has placed the names of the candidates
in the political columns belonging TO
the party making the nomination, Out
it cannot be said that any one candidate
is running against any other particular
candidate and the mere placing of the
name as suggested on the ballot, ougnt
not to debar a man who desires 10 vote
for any two candidates for supreme
Justice, or three candidates for railroad
Commissioners, from so expressing MS
VIII YOU be kind enough to give me
your ot''''- w. F. SAPP.
Mr. Coleman replies as follows:
Topeka, Kans., Oct 81, 1914.
Hon. w. F. Sapp, chairman Demo
cratic state central committee, 10
peka, Kansas:
Dear Sir: I have your favor of this
date in regard to official ballots insofar
as the same relates to justices OF the
supreme court and the Candidates Ior
railway commissioners.
In the absence of any construction
of the ballot by the supreme court In
the particular suggested. all that any
of us can do is to make the best guess
we can at how it should be construed.
1t is not my understanding that there
is any distinction between one candi-
date for supreme court justice for the
full term and another upon the same
ticket for the same term; or that any
Democratic candidate for supreme
court Justice is a candidate particu-
larly against any one particular Re-
publican candidate for the same Of
flee
The same remark, of course, applies
to railroad commissioners. 1t is not
my understanding that Mr.. Ferguson
is a candidate against Mr. Wheatley
any more than he is a candidate
my opinion that if g. voter marks the