The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-03
ONLY ONE TICKET
Anthony Says If He Loses
Won't Run Independently.
VIII Submit His Candidacy to
Authorities.
IF LOSES WILL QUIT.
That Is as Far as His Promise
Goes.
Curtis People File His Nomina-
tiOn Papers.
NOTICE OF CONTEST.
1t Is Filed by LeavenwOrth
Man Today.
Prospect of a Bitter Fight in
Courts.
NOTICE OF CONTEST.
1t Is Filed by LeavenwOrth
Man Today.
Prospect of a Bitter Fight in
Courts.

d. r. Anthony, will not run as an in
dependent candidate for congress in
case he is ruled off the Republican
ticket. He says he believes he has been
legally nominated by the Republicans of
the First district and it is the Repub-
Iican nomination he desires. If he is
not put on the ticket as the Republican
nominee he will retire from the congress
sional race.
It has been supposed that if Mr.. An
thony did not get on the Republican
ticket he might run independently and
thus split the Republican vote, but his
statement today denies this.
"I promised my supporters I would
use every honorable and legal means to
get on the official ballot as the Repub-
ncan nominee said Mr.. Anthony to-
day, but further than that I did not
co.
The Curtis people took time by the
foreiock and filed the nomination OF
Mr. Curtis by his convention with the
secretary Of state last night, although
they did not reach Topeka until late in
the evening Therefore when Anthony
presented his certificate of nomination
today it was refused unless accom-
panied with notice of contest
This was in accordance with the
opinion Of Hill P. Wilson, assistant sec
retary OF state. He thought a second
nomination for single office on the
same ticket could not be filed unless
notice of contest were given. Accord
ingly Anthony prepared a formal notice
of contest and attached it to his GER
tificate of nomination, which was filed
at noon
The law provides that in case of a
contest the secretary of state shall no.
tify the candidate whose nomination
has been contested. and the contest
TzTa
days before the election board. consist
ing of the secretary of state, attorney
general and state auditor. This action
will be Immediately taken by Secretary
Burrow. but the hearing will probably
be postponed by mutual agreement,
because Attorney General Coleman is
tied uD in the Dewey trial at Norton
and will be unable to be in Topeka for
a week or ten days
Some of the papers have stated that
the election board is favorable to Curtis
and that it is therefore a foregone con-
clusion that Curtis name will be placed
or the Republican ticket.
Il called Mr.. Burrows attention to
this this morning. and told him 1 did
not believe it," said Mr.. Anthony 1T
reflects on his integrity and that of the
other members of the board, and [ did
not believe they would act so unfairly.
Mr.. Rurrow assured me that the con-
test should be considered and decided
upon its merits
Mr. Anthony purposes making his
contest not only before the election
board, but if defeated there he will car
ry into the supreme court. His attor-
neyS, E. 3. Baker of 1eaVenWOrth, De-
We're Rafter of Holton, have already
been looking the matter up. a. f.
Crane of Holton and B. P. Waggener
OF Atchison will probably be employed
as counsel in the case by Mr.. Anthony.
Il believe I was nominated by the
legally elected delegates said Mr.. An
thony today THE action of the con-
gressional committee was the most ar
bitrary act of machine politics ever
perpetrated. Acting on the same rule
the state committee can just as well
renominate Governor Bailey at Wich-
ita as Curtis was nominated at Hol-
ton.
L think that I have the law and the
right on my side. In the first place, the
congressional committee could not Sc
gregate the Soldiers home from Leaven-
worth county, because the federal stat
utes expressly Cede to Leayenworth
county political jurisdiction over the
home. Then in two counties a very in
significant majority bolted. and in the
third proof can be shown that the bolt
was Illegal"
When asked if the decision of the
election board is not final, Mr.. Anthony
said:
NO, the decisions of the supreme
court have been that when the action of
the board is arbitrary or governed by
partisan prejudice, or anything of the
sort enters into it, it becomes a ques-
tion for the courts
The First district congressional con-
test will doubtless get into the supreme
court. The state election board, which
makes up the official ballot. will prob
ably place the name of Congressman
Curtis on the ballot as the Republican
nominee for congressman The board is
composed of Secretary of State Burrow
Attorney General Coleman and State
Auditor Wells. If this action is taken
it is quite probable that D. R Anthony
jr, will bring an action of mandamus in
the supreme court to compel the board
to recognize Anthony as the Republican
nominee and place him on the ballot as
such and if the Curtis people lose they
would do the same The law. however
provides that the action of the election
board is final.
If the supreme court could be per-
Euaded to go back of the two conven-
tions held yesterday and do the work of
a committee on credentials. going over
the evidence concerning the various pri-
rnaries and conventions which resulted
in contesting delegations. Anthony will
have chance to win. Otherwise it is
probable that the advantage will lie with
the Curtis people, because they have the
congressional machinery on their side.
Congressman Curtis left Immediately
after the conventions at Holton yester-
day for Washington, going by way of ST
Joseph. His opponent, D. R. Anthony
1r.s came to Topeka last night with the