The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-06
CASE is UP
The Supreme Court Listens tC
Arguments Today.
Charge That Some Delegations
Seated We're Spurious.

The Allen -Bowersock contest came
up in the supreme court this after
noon on the application of H. J. Allen
for an alternative writ of mandamus
to compel Secretary of State Burrow
to place his name on the official bal
lot as the Republican nominee for
congress in the Second district. Mr..
Allen was represented by d. r. Hite o
Kansas City and w. S. jerks of OF
tawa. George ]. Barker of Lawrence
and c. W. Trickett of Kansas City
were here to watch Congressman
Bowersock's interests.
In support of his application Mr..
Allen filed an affidavit covering
dozen typewriter pages in which he
charcterizes the recent decision of the
contest board as fraudulent and cor
rupt- Mr.. Allen charges a conspiracy.
on the part of Bowersock and his
supporters and 'hirelings,' = in connec-
ton with Secretary of State Burrow
and Attorney General Coleman, by
which Bowersock was to receive the
congressional nomination at the hands
OF the contest board regardless of
right or wrong.
The story of the various county
contests the Carnett convention and
the hearing before the contest board
is told in full Reference is made to
the dissenting opinion of State Auditor
Wells and the fact that Attorney Cen
eral Coleman agreed that the state
ment of facts by Mr. Wells was sub
stan1ally correct The affidavit then
continues.
This affiant further alleges that the
said Burrow and the said Coleman al
though they had entered into said ex-f-
dence far enough to know with certain
ty and to admit that the so-called
BOWersOck delegation from Miami
county was absolutely false spurious
and fraudulent and that the so-caIled
I Barnes DELEGATION dot "a
was also false, spurious and fraudu-
lent and that such delegates did not
have any right in the congressional
convention, and that their claims to a
right to membership in the congress
sional convention were not worthy of
any consideration whatever; and that
Bowersock could not possibly have
any nomination without the assistance
and votes of said false, spurious and
fraudulent delegates from Miami and
/ WyandOtte counties, nevertheless re-
fused to allow such facts to have any
weight with them in making up -heir
decision; and that said Burrow and
said Coleman well knowing the fraud
ulent and indefensible character of
their action, refused to give any rea-
son for their decision and refused to
answer any interrogatories propounded
1 by affiant as to questions of facts in
/ the case and refused to hear or listen
to any suggestions from affiant or his
! counsel with reference to the facts
proved or the law of the case, except
/ to make the admissions heretofore
mentioned and while counsel for the
affiant was honestly endeavoring to
secure a further consideration of the
facts and the law in the matter from
the said board the majority of the
board made UP of the said Burrow and
the said Coleman abruptly and rudely
adjourned and left the room
The reasons given by Mr.. Allen for
alleging that the decision of the con-
/ test boar dis not binding are. First,
because of the arbitrary and fraudu-
lent conduct of BurrOW and Coleman,
second, because the time had elapsed
within which the contest board could
act if at all authorized, as the statute
provides that the secretary of state
shall set a time for hearing contests
within five days from the time in
which they are filed; third, no written
notice was served upon the contestOr,
Mr.. Allen, with reference to the time
for hearing objections to his certificate
of nomination
Mr.. Allen also alleges thaT the law
/ creating the contest board is unconsti-
tutionaI for the reason that it attempts
to confer upon executive officers judi
cial power inconsistent with their ex-
ecutive duties, and also that il abridges
the constitutional power of the su-
preme court to grant writs of man
damus-
Later-An alternative writ of man.
damus was allowed by the supreme
court this afternoon and Secretary of
State Burrow was given Is days to
make his returns The case will be
argued at the June session.