The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-23
LITTLE VOTING.
Interest in TOday's Election at
Low Ebb.
Hardly One Thousand Votes Ex-
pected in Topeka.

1--WE will be thankful for a total vote
of 1000 in the city of Topeka today"
said Capt c. H. Titus, commissioner
of elections, at noon today, in speaking
of the special election going on in the
First Congressional district today to
choose a successor to Charles Curtis in
congress.
Some estimate that there will not be
over 800 votes cast in the city. There
is absolutely no interest in the cleo
ton. Up to o'clock this afternoon,
some of the biggest precincts in town
had not yet polIed 20 votes.
Erroneous reports have been given
out concerning the effect of failure to
vote, which may cause a few people to
take the trouble to go to the polls. It
has been claimed that failure to vote
in the city forfeited ones registration.
This is wholly false. There is no pen
atty attached to failure to vote today
for this is a special election Forfei-
ture of registration is the penalty at
tached only to failure to vote at a
regular election.
Neither under the law of 1905 or the
law OF 1907 did a person forfeit his reg
istration by failure to vote at spec
ial election. The 1895 law was so in
terpreted by Attorney General c. c..
Coleman, and the 1907 law, which was
passed as house bill 733 at the last ees-
sion, and went into effect on March
10, when published in the official state
paper, specifically provided as follows
Sec 8. Z" Provided that in
cities of the first class of less than
$4,000 inhabitants, no voter now legal
ly registered shall be required to reg
lister so long as he or she votes at each
regular election and continues to re-
side a. the street number al which he
or she is now legally registered
In order to be absolutely sure in this
matter, however, Captain Titus, the
Topeka commissioner of elections,
solicited from Attorney General Jack
son an opinion on the 1907 law, and
under date of April %, Mr.. Jackson
replied as follows:
1.-THE use of the word regular in the
statute would seem from the above
definition to imply an established sue
cession. Returning at stated inter
urally follows that in the statute it
refers to an esta blished succession of
elections and means elections which
follow each other in regular order ac-
cording to the provisions OF law; in
other words, general elections; cleo
tions held periodically or at stated
intervals.
II am therefore of the opinion that
an elector being otherwise qual1tied
cent he fail to vote at some general
citv county or state election provided
for by the general law.
"F. S. JACKSON"
The official ballot today is about the
size of a lady's pocket handkerchief,
and carries three columns: Republican,
with the name of D. r. Anthony, jr.,
Socialist. with Albert Kingsley, and the
blank column There is no doubt that
Anthony will be elected, though the
Socialists have been making quite
campaign throughout the district.
through the assistance of the paid So
licitors of The Appeal to Reason,
socialist paper published at Girard.
There was only one feeble imitation of
excitement, and that was in the Low
man Hill precinct, where w. Bolinger,
OF 935 Morris avenue, wanted to vote,
and was turned down because his name
did not appear on the poll books. Mr..
Rolinger insisted that he was registered,
and had voted at every election. The
question was checked up to the commits
sioner of elections, and an investigation
made of the records at headquarters.
Mr.. Bolinger's name did not appear.
There was a hot exchange of argument
over the telephone between Mr.. Bolinger
and the officials at the commissioners
office. with the result that Bolinger
threatened to hire lawyers, and notary
publics, and turn things wrong side out
1t was finally settled by Commissioner
Titus instructing the election board to
allow Mr.. Bollinger to swear in his vote,
have it placed in a separate sealed en-
velope. and received under protest.