The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-12

tention was called to this language in
the oral argument and no offer has
been made to qualify 1t or to show
that it is capable of any construction
other than that suggested. If it was so
intended the defendants attorneys by
its use forfeited all right to have their
brief considered. Unless expression
referred to is voluntarily withdrawn
or satisfactorily explained it viii by
order of the court be erased from the
copies Of the brief, which viii then re-
main a part of the public records.
1T should be added that three of
the defendants attorneys, A. Smith De
Venny, c. L. Randall and L 0. Picker
ing have fled written disclaimers of
any purpose on their part to question
the integrity of opposing counsel
The following are the rules under
which the supreme court rejected the
challenged ballots:
The use of a blue pencil in mark
ing.
The placing in any square of cross
one of the arms of which is distinctly
and purposely paralleled by a third
line.
The placing in any square or circle
Of distinct third line in addition to
the two forming the cross, although
not parallel to either.
The placing in any square or circle
of single line, not crossed by an
other.
The placing in any square or circle
shows no attempt at forming a simple
cross.
The placing of a cross outside of any
square or circle.
The placing of a cross in a square in
the blank column opposite which no
name is written.
The defacing of ticket by apparent
attempts at erasing marks already
made.
The placing of a cross in the circle
and also a cross in one of the squares
in the same column, but not in all of
them.
The placing of cross in the circle.
and also in a square of some other
column.
The placing of crosses in the
squares opposite the names of two
candidates for the same Office.
The writing in the blank columns of
a name which is already printed on
the ballot as that of a candidate for
the Office indicated.
The writing of q name in the blank
column without placing a cross in the
corresponding square.
The writing of name on the ballot
elsewhe ere than in the blank column
A z. ireland, the leader of the Kan
sas end OF the Santa F'e machinists'
strike. who was convicted in the Cow
lev county district court of assaulting
a strike breaker named HaTrity. viii
have to serve his six months in jail 10
which he was sentenced by the COwley
county district court
Ireland appealed his case to the Su-
preme court on the ground that the
jury found the defendant guilty on no
specific degree of crime; and for the
further reason that the evidence did
not sustain the verdict. The decision
of the court is unanimous that the de-
cision of the lower court should be
sustained. This is a victory for the
Santa Fe railroad which has been
backing up the case against Ireland.
Four liquor cases which were ap-
peaIed from Allen county were dis
missed on the ground that the
plaintiffs allowed more than thirty
days to elapse after fling notice of APP
peal before the transcript was filed
with the court. The names of the de-
PENDANTS in these actions are Ben Rat
lift. Claud Lewis, Andy Seizewski, and
Eershel Simons.
In an interesting Indian case from
Jackson county, the supreme court