The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-22
IT IS COMPLICATED
Kansas Contest Law Offers
Many Sides.
Politicians at Sea Over Hodges
Capper Contest.
LAWYERS LOOKING UP LORE
New State Contest Laws Are
Badly Needed.
Other Contests in State History
-Vexing lis and AndS.
LAWYERS LOOKING UP LORE

The Kansas gubernat0rial muddIe IS
each day becoming more complicated
and will probably result in the pass
age Of some new contest laws by the
next legislature Already there Is con-
siderable disagreement as to the rights
chair and the present situation prom
iSeS to result in considerable dtSSatiS-
faction for someone There are whole
volumes Of law to De discussed by the
lawyers next Monday when the appH-
cation for a writ Of mandamus in
the Bourbon county case and other
cases is called in the supreme court
And then there are a few more VOL
umes to be read to the canvassing
board
In the present situation there is
only confusion for the politicians who
are watching the proceedings Even
the wise lawyers admit there is ample
round for argument on a good many
contentious. And the lawyers who are
on the firing line are in the reference
Libraries preparing for the battle
A good many years ago Justice
Brewer wrote a decision in a Kansas
contest case in which he remarked
with characteristic sarcasm: 1T is
common error for canyassing boards TO
overestimate their powers" In 1876 a
contest case came to the supreme
court from Marshall county in which
some law was written that may be
used with sIedge hammer effect in the
present controversy In that case one
Lewis sought to compel the county
commissioners of Marshall county to
correct errors which would give him
the certificate Of election The supreme
SOurr in that case remarked that a
canvassinE board was vested with lin
tied powers and could merely deter
mine whether the returns were genu-
rne or spurious, add the figures and
issue a certificate of election
Back in the days of the legislative
war, a legislative contest was deter
mined By the supreme court in an appar-
entity very broad decision Out in Has
keII county Joseph RosenthaI had re-
ceived 15S votes while his opponent
A. " Stuobs-A had resolved 123 votes
RoseuthaI was clearly elected on the
face Of the returns But in compiling
the election returns the vote of the
two candidates was transposed and
Stubbs was given 156 votes and Rosen- /
thai I23 votes It also happened that (
the contest which RosenthaI filed de- I
termfned the political complexion OF Z
the 1898 legislature After reviewing +
the case. the court held that IL could .
not order the canvassfng board to re-
convene to correct the error.
That is not all In the yeager-Aikmau Z
contest four years ago. the Supreme
court Tntimated strongly. but did not
affirm. that a quo Earrauto proceeding
might not lie in that court except when
L was fled by the attorney general on
he part of the state While Attorney
General Dawson Is not being Interview
I'd concerning the present difficulties.
1e admits he wants peace and harmony
10 exist between his office and that OF
The next governor. and may not hasten
70 bring such an action Then sup
pose the Supreme court-in event
Hodges won the certificate of election.
and after his uguratfou-shOuId de-
.iie it could not entertain the suit
What would happen? That decision
would probably come too late for a con-
est in the state senate, and the whole
fair might be suddenly sfdetracked
The law requires a contest to be fled
n the senate between the fourth and
enth days Of the session But again.
suppose that Stubs. as governor
ihould order Dawson to bring the suit.
ust as he issued orders in the House
,ase- Would Dawson be compelled to
hey? Or would Stubs adrnfnfstra-
ion expire before such an order could
,e fssued2
And again Suppose the supreme court
Z the Capper attorneys for a recount OF
he alleged rejected Capper votes in Ger
0urrment Of the sessions OF the canvass
ng board from one day TO another AID
uDpose this counting Of votes continued
OF two months That would mean thai 1
;tu5bs would remain IN the governor
Lafr until lis successor received a Ger
iffcste- The time for filing a contest fE
he senate would have expired ard
Hodges relief would then be in the 81
rene court where there is apparently
erIouS question OF jurisdiction Suppose
T the other hand that while the lawyers
re xrangfiug il the supreme court room
hat the CauvzSSinE board meets. cz1-
asses the returns before them and issues
certificate Of election TO one Of the car
idates- And suppose the supreme court
0ncIuded 70 go more deeply into the case
'ouId it then order the board to re-eor-
enc and accept the new evidsuce2
With these simple little Legal PROPOSE
ions clear IN your mind what do yorI