The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-11
Samuel Griffin of Barber wants
Legislative Nomination.
Claims That He Was Not Legal.
ly Defeated.
OPINION.
SAYS That Contest Must Be Set
tied I'm County.
Defects i'm tho Law Are Com
ing to Surface.

Barber county, is in Topeka To-Day
and under the advice of the attorney
general will at once institute contest
proceedings in his county against Will
lam Gesner for the Republican nomi-
nation for the house of representatives
in his county.
Gesner is the present representative,
and is a loyal machine" man. He was
nominated on the face of the returns
by two votes. Griffin contends that In
one township 26 votes were thrown out
because the voters marked the blank
spaces, or some other technical error
which the attorney general holds can
not invalidate the ballot. Grimm says
that he has big majority of these re-
jected ballots, and that II they are
counted he Will win easily over Gesner
Griffin Is an out-and-out square dealer.
1t would be rather remarkable cir
cumstance for Senator Longs own
county to send a square deal member
to the observation-disclosures remark
able as the fact that Senator Longs
county went for Stubbs for governor,
though it went strongly for Senator
Long.
When the question of making a con-
test on the nomination of representa-
tive was first checked up to the attor-
ney general from Barber county, 1t was
regarded as doubtful whether the law
left any opportunity for contest. Today,
however, an official opinion was given
out by the attorney general, holding
that such a contest can be filed before
the county contest board composed OF
the county clerk, district court clerk
and county attorney.
This board will give my case falr
hearing" said Mr.. Griffin today. They
are all fair-minded men. All 1 want
is a chance to be heard, and have this
thing Investigated"
Who Issues the Certificate?
The law says that such a contest as
Mr.. Griffin proposes must be institut-
ed within three days after the certifi-
cate of nomination is issued.
The county clerk of Barber county
holds that 1t is the business of the
secretary of state TO issue that certi-
hcate. Secretary of State Denton this
morning gave II as his opinion that
this is correct, and-that it Is up to the
state canvassing board to decide
whether Gesner or Griffin is entitled to
the certificate. But Attorney General
Jackson does not agree with this. He
says that the county must decide all
its own representative contests, un-
less the representative district in
cludes more than one county, in
which case 1t comes up to the state
board. There are no returns certified
TO the secretary of state on any Of
fees which are chosen strictly within
any one county.
At any rate the certificate of NOM
ination in Barber county has not been
issued to anyone yet. and Mr.. Griffin
will have a chance to file his protest.
The attorney general cites this pro-
vision of the Australian ballot law:
The certificate of nomination and
nomination papers being so filed, and
being in apparent conformity with this
act. shall be deemed to be valid, unless
objection thereto is duly made in writ
Ing within three days from the date
said papers are filed with the proper
officers. Such objections or other
questions arising in relation thereto, in
case of nominations of state officers or
officers to be elected by the voters of
division less than a state and greater
than a county. shall be considered by
the secretary of state, auditor of state,
and attorney general, and decision OF
n majority of these officers shall be
final. Such objections or questions
arising in the case of nominations for
officers to be elected by the voters OF
a county or township shall be consid
cred by the county clerk, clerk of the
district court, and county attorney:
and the decision of majority of said
officers shall be final. In any case
where objection is made. notice shall
forthwith be given. by the officer with
whom the objections are filed, to the
candidates affected thereby, addressed
to their places of residence as given in
the nomination papers. and stating the
time when. in no case to be more
than five days. IL a state or district Of
ficer. nor more than three days. IL d
county officer. and the place where
such objections will be considered"
He then says:
'The above section refers to GER
tlhcates of nomination filled by the
chairman and secretary OF the con-
vention, or the independent nomina-
tion papers filed under the provisions
of the Australian ballot law. 1t would
seem that it could not have the inten-
tion of the legislature to preclude
candidates for representative or state
senator from the right to contest such
nominations. which would be the case
II the law applicable to contests of
election of such officers was to be ap-
piled thereto, and no other relief
given.
THE general rule of the applica-
tion of one statute to another is laid
down in section 405, Lewis Sunder-
land statutory construction, volume ..
as follows:
Where one statute adopts the par
ticular provisions of another by a
specific and descriptive reference to
the statute or provision adopted, the
effect is the same as though the
statute or provision adopted had been
Incorporated bodily in the adaptive
statute. When so adopted, only such
portion is in force as relates to the
particular subject of the adopting
act and as is applicable and appro-
pirate thereto
''As the provisions of the law re-
1ating to contests of the election of
senator's and. representatives are not
applicable to contests of nominations
OF such offices. / am of the opinion
that the nomination certificates pro-
vlded for in the primary election law,
to be issued by the county clerk or
secretary of state in the proper case,
correspond to and are of similar force