Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1908-08-19
THE CONTEST is ON.
Samuel Griffin Files Contest to WreSt
Nomination from Xm. GeSner. In
junction applied for by Gesner
but denied by Judge Gillett.

Samuel Griffin filed contest for the
nomination for the Office of representative,
against William Gesner, last Thursday.
The contest was filed in the Office of
the county clerk upon ruling made by
the attorney general on the theory that
the case should be decided by a con-
test board composed of the county
clerk, county attorney and clerk Of the
district court Under the old law these
officers decided contests arising out Of
disputed nominations, relating to county
officers, and the attorney general held
since the Office Of this representative district
covers only the territory within the coun-
ty this board would have jurisdiction.
MIR. Gesner and his attorneys, Noble
& Incher, took different view Of the
case. They asked Judge Gillett Of this
judicial district for an injunction restrain
ing the contest board from hearing the
case. The matter was thrashed out be-
fore Judge Gillett at kingman, Saturday
morning, Noble & Tincher representing
MIR. Gesner, and G. M. Martin and
Seward |. Field, representing Mr.. Grif-
FIN. Judge Gillett took the matter under
advisement until Monday when he deni-
ed the injunction.
Ibis checks the matter up to the con-
test board above named and it would
seem that recount is now inevitable.
unless Messrs. Ireland, Cloud and Rack
ley hold that the contest was filed out Of
time. If they should so hold, a man.
damus action would probably follow.
The following from Saturdays Capt.
tai, concerning late opinion Of Attorney
General Jackson, seems to settle the
point as to the time Of filing:
| Attorney General Jackson has ruled
that it is not necessary for defeated can
didates who believe they have ground
for contests to file their contests until
after the meeting Of the State Canvass
ing Board August l8. This ruling
was made for the county attorney, ol
Barber county where Samuel Griffin is
planning to contest the nomination ol
William Gesner as a member Of the
Legislature. The certificates of NOM
nation are issued by the Secretary Of
State and contestant can not bring
proceedings until after this is issued.
He must have something to contest
The certificate is issued on the face ol
the returns, then the contest is made for
the purpose Of securing recount Of the
ballots. Should the recount give the
nomination to the contesting candidate
the Secretary Of State would cancel the
certificate Of nomination he had already
issued and issue another. The indica-
tons are that there are going to be many
contests. Ballots were thrown out be-
cause Of technicaEdes in every county in
the state and Attorney General Jackson
has ruled that some Of the defects fol
which ballots were thrown out are mol
fatal and that the ballots should have
been counted. In counties where the
vote was very close this gives the de-
feated candidate an excuse for making a
contest and securing recount"
If this be the correct construction, Mr..
Griffin. instead of filing the contest toe
late, filed it too early, and this can be
remedied by re-6ling.
Gentlemen, the counting of ballot.
will now proceed-f.