The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-07
ANTHONY FILES EVIDENCE.
why He Claims the Nomination for
Congress.

The attorneys for D. R. Anthony, Jr,
IA his contest case against Charles
Curtis for the Republican congressional
nomination in the First district today
filed their brief and evidence with the
state election board. Mr.. Curtis will
have two weeks in which to answer
AMI file testimony for his side, after
which Anthony win have until April
to file rebuttal testimony. The case
will be argued by the attorneys on
April 6. and a decision viii then be due
from the election board.
Mr.. Anthony alleges that the con-
gressiOnal committee had no right to
divide or segregate the vote of a coun-
ty; that the separation of the soldiers
home from the rest of Leavenworth
county was in violation OF the act of
congress in ceding the soldiers home
reservation back to this state, and in
violation of the Kansas statute allow
ing veterans the right to vote in the
same manner as otner citizens in all
elections and primaries in Leavenworth
county.
Mr.. Anthony further alleges that the
congressional committee had no right
or authority to decide the contest and
especially to exclude regularly elected
delegations from taking part in the or
ganizing of a convention. Supreme
court decisions will be cited to sustain
this point Among the cases will be
that OF French VS. Roosevelt in New
York While at the head of the New
York city police commission, President
Roosevelt was called on to pass on an
election contest somewhat similar to
that in the First district. Roosevelt
held that party committee could not
decide contests and exclude regularly
certified delegates from taking part in a
convention, and that the seating of con-
testing delegations remained with the
convention as a whole. French appeal
ed from the decision of Mr.. Roosevelt
which was sustained by the New York
court Of appeals.
The testimony for Mr.. Anthony will
be to show that the convention which
placed him in nomination was made up
of seventy-two of the 129 delegates to
the congressional convention, divided
as follows Atchison county, Is; Dom
iphan county, 10; Jackson county, 10;
Nemaha county, 10, and Leavenworth
county, "a. Sworn statements, includ-
ing credentials, win be presented from
the regular party chairman and secre-
tarieS and members Of the five county
committees named. The credentials
from all of these counties are signed
and sworn to by the chairman and
secretary, except those from Jackson
county. which are signed by the secre-
tary and nine of sixteen members Of
the county central committee.
These credentials are accompanied by
testimony in the form of affidavits from
committeeman and members of the Re
publican party in the various counties
with the object of showing that the pri-
maries and county conventions were
conducted in the regular manner, and
that the five delegations were all en-
titled to seats in the congressional con-
Vention. The testimony from jackson
county, wherein the delegation elected
friendly to Judge Broderick was ex-
cluded and rejected by the Curtis ma
jority in the congressional committee,
was gathered from every township in
jackson county 1t is alleged that
Judge Broderick had rs TO Al for the
opposition in the county convention.
Testimony from Atchison county Will
be offered to show that the primaries
were conducted in accordance with the
call issued by thirty-one of forty-twO
members of the county committee, and
that they were regular. Testimony re-
garding the Leavenworth county dele
cation Will be offered to show that the
primaries were conducted in accordance