The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-31
The Surgeons Knife is not
used. Health and Hap
pineSS greet those who
are treated by Natural
Methods.
TAKES new TURN.

CONTINUED from First Page.)
compel the secretary of state to certi-
~ his name as the Republican con-
gressiOnal nominee in the Second dis
trict puts an entirely new phase on the
contests in both the First and Second
districts. The contention is that the
law which creates the state election
board is unconstitutional and that the
secretary of state is the only official
involved in certifying the names Of
candidates. For that reason the cleo
ton board, consisting of the attorney
general. state auditor and secretary OF
state. is not mentioned in the appli-
cation for the writ of mandamus, nor
is J. D. BoWersOck, Mr.. Aliens OPP
ponent, mentioned. II is simply con-
tended that Mr.. Allen is the legal
nominee. that the secretary of state
refuses TO certify his name as such to
the county clerks in the Second dis
trict, and a writ of mandamuS to COM
pei him to do so is asked for.
The answer of the secretary of state
will doubtless be that there is a con-
test in the Second district and that the
state election board has not passed on
the contest.
This viii bring up the question Of
the Jurisdiction of the contest board
and whether the law creating it is con-
stitutional.
H. J. Bone, who has examined the
subject very carefully, says he has not
the least doubt that the law is uncOn-
stitutional. The legislature, he says,
not only attempted to confer on the
state election board judicial functions
when it is purely an administrative
board, but it also attempted to
abridge the power of the supreme court
in mandamus when the constitution it
self confers on the supreme court orig
tnal jurisdiction in mandamus.
Since the foundation of the govern
ment," said Mr.. Bone. 1T has been
customary to apply TO the courts for
Writs of mandamus to compel officers
70 perform their duties when they re-
fuse to perform them, and this is the
only remedy in such cases. The con-
stitution of Kansas confers original
jurisdiction in mandamus on the SUI
preme court, yet the legislature comes in
in creating the state election board
and not only gives the board judicial
functions. but attempts to say that
there can be no appeal from its deci-
sion. thereby abridging the power OF
the supreme court to mandamus.
The absurdity OF the law is also
shown by the position in which it
places the attorney general. He is by
the law the legal counselor of the state
officers and he is an administrative
officer, yet this law attempts tcsy give
him judicial functions also as a Reem-
Der of the state election board.
The constitutionality of the law Gre
ating the election board has never be-
fore been raised. The case of Miller
against Sponable which the supreme
court passed on four years ago involved
the law, but the question of its validity
was not raised in the briefs nor men
toned in the opinion"
If the election board law should bI
declared invalid it will send all contest.
10 the courts.
". R. Stubs. chairman of the Re
publican state committee, says he viii
not oDen headquarters for the stat'
committee until after the Republican
national convention in June He say
he is in favor of giving the people
rest just now and not beginning thi
active campaign until later
Candidates for the Democratic nomina
ton for state treasurer are becoming
very numerous. The latest is r. D
McCliman of Nemaha county Mr.. Nc
Gilman served two terms as count.
treasurer of Nemaha county and wa
endorsed a few days ago by the Demo
cratic county CONVENTION of that count.
for state treasurer. Instead of being
Democrat, however he is chairman o
the Populist central committee of Ne
maha county.
Congressman Miller has decided to ap
point H c. Abbott as postmaster a
Leroy, Coffey county.
State Auditor Wells, who was a stron
supporter of J. R. Burrow for Chairman
OF the HepupllCdIt STATE committee. pun
fishes the following in the Erie Recor
about the organization of the commit
tee:
Mr. Hoch had refused to abide by tn
recommendation of his brother state of
ficers and had appealed to the stat
committed Secretary. of State BurroN
had majority of two Of the new ma
chine members of the committee. bu
there were four members-Cy LELAND
Morton Albaugh, Dan Anthony and A
A RfchardS-of the old machine on tn
committee, and they lined up for MI
Hoch's choice. w r. Stubs. whic
gave him two majority, hence the with
drawal Of BurroW and the election G