The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-07


will not be heard on it's merits
The decision on this point is one Of
great Importance, not only in this par
ticuIar contest but in its effect on cleo
ton machinery in general. An inter-
probation of the statute deciding that
there is no appeal from the decision Of
the contest board would place extreme
powers in the hands, not only of the
state contest board, but of county
boards as we'll If there is no appeal
from the decision of the state board on
matters coming before it, neither is
there any from decisions of the county
contest board regarding county norni-
nations The county board is made up
of the county clerk, clerk of the district
court, and county attorney. If the SUI
preme court should decide that the
courts cannot revive the decisions Of
these officials it would place almost
unlimited power in their hands Not
only could they decide contests within
their own party, but they could get up
contests in the opposition party and
place on the official ballot a bogus tick
ct, and there would be no way of ap-
pealing from their decision.
For instance, note the effect in a
county like Wyandotte, where the par
ties are approximately well balanced.
It is very easy to get up bolt and
contesting ticket in a county like Wy
andotte, and a contest board with alb
solute power could put on the ballot
any ticket it pleased, thereby shatter-
ing the forces of the opposition and
continuing themselves in Office.
Some other states have the same pro-
vision as Kansas that the decision of
the contest board shall be final" but
the courts have held that it means
final so far as the nomination machine
ry is concerned the same as the decis-
ion of the canvassing board is final so
far as elections are concerned, but IN
either case contests can be instituted
in the courts.
This will be the Interpretation which
Aliens attorneys Will insist on in the
Allen BoWersock hearing They con-
tend that if it is held that the decision
of the contest board is final to the ex-
tent that it cannot be reviewed in the
courts, the law is unconstitutional in
asInuch as the power of mandamus is
given the supreme court by the con-
stitution and cannot be abridged.
The decision in the Second district
case will also have bearing on the
First district contest. If the court
holds that the decision of the contest
board can be reviewed by the courts,
D. r. Anthony. Jr-, can take his con-
test against Congressman Curtis into
the state supreme court
w. r. Stubs has formally announced
his candidacy for denomination as rep
resentative from one of the Douglas
county districts, so it is pretty sure
that he viii be a member of the next
house. The Lawrence World also brings
him out for speaker, whether or not
with his consent it does not state, but
it is not at all improbable that he will
be a candidate for the speakership. The
World says:
TT would seem that any words in
connection with w. r. Stubs at this
time would be superhuous. No man
has been so much in the public eye.
no man has made such a revolution in
politics of his state. Two years ago
Mr.. Stubs announced that he wanted
to go to the legislature and was sent
x4-7f ,, N71. mil
go back. Then he was unknown, po-
litically. People were asking what a
man with such extensive business in
terests meant by getting into politics.
Mr.. Stubs smiled and said he Just
thought he would go.
This time he will be. sent back the
most popular man in the state.
Mr.. Stubs is the man who made
the revolution possible His work
turned the trick He still has a duty
to perform The governor can be
materially assisted or practically
ruined by the legislature. Mr.. Stubbs
must take the speakership. The peo-
pie are just now in earnest about re-
form. There must be measures en-
acted into law or the revolution will
fail. The governor cannot force a
programme through unless he has
legislature in sympathy with him
The speaker is the right hand man of
the administration He is the one
man who can shape legislation. Mr.
SIuDpS IS lfle IO8lCdl man LOT speaker
No other man could be selected whose
election would be accepted by the peo-
pie as an earnest of the reform work
promised.
There must be no backward step.
The people are in earnest in demand
ing practical reform Mr.. Stubs is
the man to see that the legislature
does the work intrusted to it. This
he can best do by being the speaker"
President Roosevelt has at last ap-
pointed o. A. Cheney postmaster at
Fort Scott to succeed Eden Lowe,
thereby carrying out the provisions Of
Congressman Bowersock' s compromise
agreed upon two years ago. The
president did not like the deal and
held the appointment up for about
ten days, and he finally made it only
on the recommendation of Congress-
man Scott that it was the best way
TO stop the factional fight in Bourbon
county. Lowe belongs to the anti
Burton crowd. Two years ago there
was a bitter fight between the two
factions over the postOffice appoint
ment. Eowersock did not like to take
sides either way and finally fixed up
compromise whereby Lowe was to
hold the office two years and then
resign and let Cheney be appointed
for the remaining two years. Neither
faction liked it, and this deal had
much to do with weakening Bower
sock in Bourbon county. loves term
expired recently and he carried out
mis- agreement by resigning, but a lot
of Republicans who did not like the
idea of making the postoffice simply
a matter of trade objected to Cheney's
appointment. When the story of the
deal reached President Roosevelt he
baked on appointing Cheney, al
though Bowersock insisted. He said
it looked too much like putting up
jobs for distributing public funds
among party workers and unless some
satisfa Glory reason should be given
for Cheney's appointment he would
instruct the postmaster general to
look for a new man for postmaster