The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-01-30
Senate Finds Way Out of Yeager-
Altman Controversy.
Holds That the Charges Should
Be More Specific.
VOTE is A PARTY ONE
Only a Single Republican Would
90 on With Contest.
An Adjournment Is Taken Till
Monday.

Alter nearing the arguments of coun-
| sci Tor the confession and contestee in
| the Yeager-Aiknan case from the
| thirteenth judicial district, late Friday
AFTERNOON, the senate voted to adopt
senator Stavely's resolution and Mr..
Heager Will be obliged to set forth
more specifically his allegations or the
senate VIII proceed no further with the
| case. 1t has been stated by friends of
the confession that he cannot present
! charges any more definite than he has
already presented in his first statement
Ii this should prove the case Judge
Altman will probably be undisturbed
in the position of judge of the Thir-
teenth judicial district.
In his argument to the senate yester-
day Major A. NJ. Harvey, counsel for
N A. Yeager. declared that his client
mad complied with the law in bringing
the contest and he held that his allega-
tlons, claiming that there We're mis-
takes IN counting of ballots in certain
precincts were sufficiently definite for
Judge Altman to make answer to. He
SAID that Altman had been declared
elected by a majority of Is votes. No
charges of fraud or corruption were
made Major Harvey cited decisions
OF courts. in support of his contentious.
John Dawson and E. D. McKeever
appeared as attorneys for Judge Ak
man. Mr.. Dawson held that the law
applying to the case required that
Yeager should have served notice of
contest on Judge Altman thirty days
after the declaration of the canvaSsing
board. whereas the notice had been
served only a few days ago. He said
there are 81 long winded'' challenges
of votes in Yeager's charges, but that
the 81 charges merely set forth that in
the various precincts so many votes
were incorrectly counted for Altman
or an in fQJy OF We GRO
thrown out, but no reasons are stated
why this was done. The charges, he
said, were not sufficient to put the
contestee on his notice at all and he
ment of the confession, Mr.. Dawson de-
clared, is made up entirely of con-
illusions of law, and not of allegations
of facts. General allegations of errors,
| according to authorities quoted, are not
enough to warrant the ordering of a re-
count of ballots. -
| Attorney McKeever argued along the
same line and urged that conclusions of
law are not a sufficient basis for or
| dering recount of ballots.
Major Harvey in his closing re-
| marks, said that his client charged no
fraud or corruption, and did not claim
! there We're any illegal votes, but he did
claim there had been mistake in
counting the ballots in several pre-
cincts. This charge was based upon
reports of Mr.. Yeager's friends from
over the counties in the district. He
| declared that all the votes can be
counted in ten days. With regard to
| McKeever declared that che had suffi-
cient notice even before the proceed
| ings were brought to hire several good
| lawyers to defend him" He argued
that the ballots are the best evidence
and he cited the case of Riggs VS..
Smart, wherein general allegations
were considered explicit enough for
the senate to hear the contest.
AT the conclusion of the arguments
Senator Robertson of the minority
moved that the Stavely resolution be
referred to the committee on elections
with authority to pass upon it and re-
port to the senate.
Those voting in favor of this motion
were Hodges. Anderson, Robertson,
members present, and Senator Stewart
| of the majority. The remainder of the
majority voted against the motion and
1t was lost.
The question recurring to the senate
was upon the adoption of Senator
| Stavely's resolution. Senator Hamil-
ton said that when boiled down, the
single point to the controversy IN ms
| opinion was that the names of the IL
| legal voters should be set forth. In
this matter, he said, it is the RepubI1-
| can party on trial, as well as Judge
Aikman. and he believed the contes-
tor should be given an opportunity to
be heard, but he did believe he should
show proper grounds for taking up the
time of the senate and mourning the
| expense of contest.
Senator Ganse declared that he
wanted to see fair play. But regret
very much,'' said he, that the senator
| from Shawnee has referred to this
case as a matter of politics depending
upon the vote of the majority. The
allowed to come into court for justice,
but he is required to state his grounds
If they are good and sufficient the
cause may be heard
Lrl14 y n n n
had been done by Mr.. Yeager and he
characterized the contest as fishing
| expedition 1.-The statutes declare
he said. 'that the contestor must
specifv the particular points on which
he intends to reply, and Mr.. Yeager
merely says L got more votes than
Judge Altman in this or that pre-
cinct.' It is presumed that the judges
| of election knew their duty and did it.
The merits of this case are not the
controversy before the senate and the
confession must not take up the time
of the senate or cause the state ex-
pense unless he has grounds to Justify
such proceed ings-''
When put to a vote the Stavely reso-
luton was adopted, only the minority
members and Senator Hamilton voting
against it.
The text of Senator stavely's resolu-
| ton is as follows:
"Resolved by the senate of the state
( of Kansas, that in the matter of a con-
test of n. A. Yeager, contestor. VS.. G.
P. Altman. conteStee. that no sub
poenas be issued under senate resolu-
ton No. 90. and if any have been is
sued and not yet served that they be
| recalled and no further proceedings be
/ had under said resolution until the
said contestor. N. A. Yeager, shall set
out more definitely, specifically and wit
more certainty the reasons for said
| contest in such way and under such
| rules and regulations as the committee
on elections may hereinafter pre-
| scribe
| Tho senate 1,a adjourned until d
| m. next Mondays.
The following bills have been intro