The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-19
ALLEN NOT SURPRISED.
Says His Contest Wasn't Heard on
Merits.

Henry J. Allen, who was turned
down by the state election board
Monday when it gave the Republican
nomination for congress in the Second
district TO J. d. Bowersock, says he is
not surprised at the action of the
board, inasmuch as the two majority
members refused to consider the
merits of the contest. He announces
his determination to try to get the
case reviewed by the supreme court,
and says that if the supreme court
passes upon the controversy on its
merits, its decision will be satisfactory.
If the supreme court refuses to hear
the case, Mr.. Allen does not say what
he will do.
Mr.. Allen made the following state
ment about the decision of the board
today:
THE action of the attorney general
and secretary of state, constituting as
they do a majority of the contest
board in sustaining Mr.. Bowersock's s
objections to my certificate of nomina-
ton dOesi not surprise those who at
tended the hearing of the Second con-
gressional distri9t contest. 1t is quite
apparent that those two members of
the board misconceived their duty in
holding that the law did not auth orize
the board to explore questions con-
cerning the regularity of the cleo
ton of delegates to the Garnett con-
VentiOn. Mr.. Coleman, speaking for
the majority of the board, took re-
peated occasion to say that the statute
to compel the attendance of witnesses
or to pass upon the character and
competency of evidence presented in
support of my objections.
1T is matter of serious regret that
the traditional reverence felt by all
our people for judicial decisions
should be shaken by a deliberate an
nouncement publicly made by a ma
joFity of the board, that they refused
to investigate the facts upon which
the real merits of the controversy de-
pended. 1 am advised by my counsel
that a decision resting upon such
manifestly incomplete investigation
affords reasonable ground for the in
preference of the supreme court. I
know that my friends will join in my
feelings of satisfaction that an OppOr-
tunity is presented for this unhappy
controversy to be finally determined
according to those rules of law which
are recognized in all civilized COM
munitieS as indispensable to the ad-
ministration of justice. The people of
Kansas have always been justly proud
of their supreme court and no one can
have any reasonable cause for com
plant when his rights have been
properly submitted to that tribunal
1t was with a full realization of the
learning and integrity, which charac-
lsterfzed that court and for the purpose
of avoiding a purely factional political
itribunaI.sthat from the outset of this
congressional trouble, I have used
every legal method proper to be en-
ployed, to secure it's consideration of
my case
TT would be a misfortune, indeed,
if a large body of electors are COM
PEELED to accept as a final determina-
ton of their political rights a decision
of a tribunal, a majority of whose
members did not pretend to investi-
gate the merits of the controversy,
concerning which they claim to exer-
else an exclusive jurisdiction.
MY cause will be submitted in due
season to the supreme court and I
have every reason to believe that it
will there receive fair and impartial
consideration.
those whose support has honored me
so mukh that a decision of the su-
preme court on the merits of this con-
| troversy will set at rest the political
difficulties il the Second congressional
district"