The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
HIS ANSWER FILED.
Mr.. Burrow Presents Afidavits in
Second District Contest.

J.R. Burrow. secretary Of state
and member of the state contest
board. today fled in the supreme
court his answer to the alternative
writ of mandamuS asked for by Henry
J. Allen to compel the secretary Of
state to certify Aliens name to the
county clerks of the Second congress
sional district as the Republican nom
inee for representative. Mr.. BurroW
answer is in the form of an affidavit
and is supported by affidavits from 9.
G. Coleman, another member of the
contest board, J. D. Bowersock. nOrni-
nee for representative in the Second
district, w. S. MetcaIf, c. H. Tucker,
and T. R. Ogg.
The affidavits of Mr.. Burrow and
Mr. Coleman are identical except in
the latter part Mr.. Coleman goes
more into detail concerning the Allen
Bowersock hearing before the contest
board. These afhdavits deny that the
contest board cOnspired with Bower
sock and his managers to give Bower
sock the nomination and denOunce
Aliens affidavit as absolutely Une-
Quivocally false and untrue" 1t is
that the findings of fact made by
State Auditor Wells in his dissenting
opinion concerning Wyandotte and
Miami counties were practically cor
rect. Mr.. Coieman's affidavit con-
tinues:
After the said board had rem
dered its decision and was about to
adjourn one of the attorneys for Mr..
Allen produced a paper which he said
was a finding of facts which he de-
sired to request the board to make;
that the affiant stated in his opinion
the board had no power to make said
finding and at least was not required
by law to do so. and that the board
would decline to make any such find
ing; that said attorney then COM
menced to cross examine this affiant
e1c 70
illusions the board had reached, to
which aff1ant replied that the board
also declined to be cross examined;
thereupon another question being
asked by said attorney, Mr.. BurrOw,
of the board, moved to adjourn, to
which affiant, acting as chairman, re-
piled, No, let Mr.. jerks have time to
make whatever record he desires;
that thereupon Mr.. jerks reiterated
his demand for a finding of facts, to
which affiant replied, If [ have not
made 1t clear / will repeat that in the
opinion OF majority of this board we
are not required nor permitted to
make findings of fact and will decline
to do so; that thereupon said attor-
ney in a gruf and insulting manner,
proceeded to ask a number of ques-
tons rejecting on the good faith of
the board; and then q second time
Mr. Burrow made his motion to ad-
Journ, which was seconded by Mr.
wells, the question put, and the board
in taking such action and at all
times said board and all its members
treated said contestant and his attor-
neyS with the utmost courtesy and
patience, and at no time rudely or
abruptly refused him a hearing; that
the statements contained in the afi-
davlt of Henry J. Allen that this afi-
ant either by himself or in coniunc-
ton with Mr.. BurroW admitted the
truthfulnesS of the statement set
forth with reference to Wyandotte
and Miami counties by Mr.. Wells in
| his dissenting opinion, is absolutely
false and untrue, and that the truth is
/ that this affiant not only never gave
/ ms assent to nor admitted the truth
! fulnes of Mr.. Wells statement but
| this aff1ant believed then and still he
| lieves said statement and finding of
facts by the said Mr.. Wells in his dis
Senung- opinion to be incOmDleta
erroneous and not in accordance with
| all the facts in either of the counties
| mentioned therein -
Mr. Coleman concludes his af1davits
! by denying that he ever consulted
] with Mr.. Bowersock or any of his
| mana gers or attorneys about the rro
ceedings. of the contest board
In his affidavit filed before the court
Mr.. Bowersock denies that he ever
! tried to secure any false spurious
and fraudulent delegations to the
congressional convention. as charge
| by Mr.. Allen. Mr.. Bowersock also d.
MES the existence of a conspiracy be-
/ tween himself and the members Of
the contest board
Mr. Q. H Tucker, chairman of the
Second district Republican central
| committee, denies that REPRESENTATIVE
! Bowersock attempted to prevent him
from attending the Garnett conven-
ton