The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-27
Judge LObdelI May Enter the
Senatorial Race.
He Belongs In Far Western
Kansas County.
MAY BRING OTHERS.
Law Likely to Induce
Candidates to Enter Race.
Stubbs and Fitzpatrick Both Is
sue Statements.

A new candidate for the Republican
nomination for United States senator is
likely to be announced before long, and
| this new candidate is Judge C. e. Lob
dell, of Leoti, judge of the Thirty-third
judicial district
1t is said that in case of the passage
OF direct primary law at the present
special session. there is strong probabll-
ity that Judge Lobdell will be a factor
to be reckoned. It is scarcely to be
presumed that Judge Lobdell would get
| into the race without the approval OF
Senator Long, and Long would under
those circumstances do all in his power
to throw his strength to the Ieoti man.
| There are many who anticipate that
the fight for United States senator. un-
der primary election plan. will be a
good deal of a scramble, and they an
ticipate that there will be at least half
dozen candidates for the place.
1t is practically certain that Joseph
L. Bristow, of Salina, will be a candi-
date, and there is no doubt that he
will be a very strong one. Governor
| Hoch will also get into the fight if he
feels that there is good chance. and
James l. Getty, state senator from
Kansas City, is planning to be a candi-
date.
There are some Of the politicians who
think that even with the primary cleo
ton, there will remain a large element
of political jockeying in the election of
senator by the legislature. 1t seems
| to be the purpose of the bills introduced
that each state senator and representa-
tive shall be guided in his vote by the
| vote of the people of the district which
sends him. If, however, no one candi-
| date has d majority of instructed mem
| bers of the legislature, the politicians
| think that the members will be free to
| go where they please, regardless Of what
| the vote Of the party in the entire state
may be. The provisions relating to this
in both Of the bills proposed is rather
| confusing and hard to understand,
though it is plain that the candidate
| receiving the greatest number of votes
\ would be entitled to the nomination.
The following is. section 12 of the Caid-
| well "split primary bill which has been
| adopted by the senate:
! Sec. IL. The candidate for Uunited
| States senator receiving the highest
number of votes of his party in any
| legislative or senatorial district shall
| the representative or state senator
nominated by his party and elected, or
| holding over, from said representative
! or senatorial district.
1.-The candidate for United States SEN
ator receiving the highest number of
| votes in each of majority of the rep
! resentative and senatorial districts
which will be represented in the follow
state senators belonging to his political
| party shall be declared the nominee of
| said political party, and If no one can
| didate shall receive the highest number
of votes of his party in a majority of
the representative and senatorial dis
tricts which elected or had holding
| over senators or representatives elected
by his party. then the candidate re-
ceiving the highest number of votes of
his party in the state shall be the
choice of his party for United States
| senator"
The enemies of the split primary
| are now devoting their special attack
| on that feature of the split bill
which threatens to conflict with the
secrecy provisions of the Australian
ballot law. This is really the best
point of attack on the split primary,
and it has not been worked very
hard up to the present time. The
Stubbs people had a number of law
yers examine the bill Saturday and
sunday, and they made the following
| report:
"In the opinion of many OF the best
attorneys, not only in the legislature
but others well, that the only law
full way split primary at the No
vember election may be held that day
is by creating new and separate
primary board wholly apart from the
general election board
1.-The passage of the senate bill
creating a November primary at the
general election is an attempt to indi-
rectly amend the general ballot law
by placing the primary under the
control of the general election board.
It is we'll known that what can not
be done directly can not be done in
directly The bill further provides
that the voter must declare his party
affiliations in order to be able to
vote, which is repugnant to every
principle upon which the general bal
lot law is constructed. No attempt
has been made to amend any part of
| the general election law creating gen.
eraI election boards.
t"The proposition to amend the bal
lot law so as to inject into it the SEN
atorial primary would be in violation
of section Is, article 2, of the consti-
tuition, which plainly provides that
but one subject matter shall be con-
tanned in any bill. The ballot providing
for election is one subject matter
What is known as the split primary
that has passed the senate intecfs
ject, namely, primary election by
placing both under the jurisdiction Of
the general election board, which
would be in violation of said revision
| of the constitution.
Statements relating to the primary
| have also been given out both by w. r.
| Stubbs and by Senator w. S. Fftz-
patrick The following are the remarks
made by Mr.. Stubbs:
after the most careful investigation
| of the subject of a split primary, sew
erai able lawyers have declared the NO.
vember primary to be in violation OF
the spirit and intention of the Austral-
| ian ballot system of this state. and
| there is grave doubt in the minds OF
our best local talent as to whether such
a provision would not fnvalidate the
whole primary law. as to the November