The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-29
Seeks Rehearing of Wabaunsee
County Case.
If Court Grants 1t That Means
Tie-Up.
RESTRAIN CANVASSING BOARD
Might Not Be Able to Issue
Certificate for Weeks.
Board Asked Court to Lift Or
der-Capper Opposes 1t.

Attorneys for Arthur Capper this al
ternoon made a show of breaking the
Capper- Hodges peace pact when they
announced that they propose 10 ass
for a rehearing of the Wabaunsee
county case and will oppose the DIS
solution Of the restraining order
against the canyassing board Ineg
deny that this action is breach OF
the contract entered into by attorneys
and principals in the guoernatorlal
contest. but admit that the procedure
may again tie up the state canvasslns
board unless the supreme court IoFt
with refuses to entertain their molioH
for a rehearing.
When the agreement was made, II y
claimed that the stipulation PROVIDED
that after the Bourbon, Morris anu
Reno county returns were received LA1 !
neither Hodges no- Cspper ouII IL
make further efforts TO correct errors
If anv be found and that the canvass
ing board might then proceed with It's
work Granting these concessions Ihe
Hodges forces permitted the counting
of corrected returns from the thIee
counties-au of which favored CappeE
and made no effort TO themselves IN
5ect new reports into the returns III
the hands of the secretary Of state
Then Attorney General Dawson ask
ad for the dissolution of the restrain
ing order that the board might com
pIete its work That motion is on near
ing this afternoon in the supreme
court
Now come the Capper forces with
an application for rehearing IN the
Wabaunsee county case, which inter-
aIIv means an effort TO again open Ine
case and to make further lnvestlga-
tons prior to contest proceedings
On the face of their application Tor a
rehearfng in the Wabaunsee county
case-decided against Capper early IN
Tr1rx- =
that the restraining order be kept in
force and effect. This action would
thereby block the granting OF GER
tificate until the application for a re-
hearing is passed on Under tne IaW
the Capper people might have 21 days
in which to ask rehearing and they
claim the right to preserve the re-
-erainfng order until that time eX-
pfres This would mean that the can
vassing board could not issue a certii-
cate of election until late in DecemDer-
And at that time there might De fur-
ther litigation which would again
block the work of the canvass1ng
board.
With this situation facing the can
vassing board, the issuance OF GER
tiffcate is as uncertain as at any time
since the beginning of the guberna-
torfal controversy
At O'Clock this morning the can
vassfng board met TO consider the sup
Elemental returns from Bourbon coun-
" and to complete its work OF canvass
ing the official returns on all state Of
hcers. But the restraining order against
the board has not been lifted and the
board was powerless to complete its
work 1t was then that Attorney Gen
eral Dawson drafted a motion to have
the restraining order dissolved. He
served attorneys for both Hodges and !
Capper with copies of this motion and /
filed notice that he would ask the set /
ting aside Of the courts order at 2
O'Clock this afternoon In view of the /
fact that the order was kept in force I
merely to receive the supplemental re- !
turns from Bourbon county, Dawson 4
recited. the restraint against the board !
was now of no further effect. The
Bourbon returns-giving Capper a gain /
of "A votes-have been received. and the /
canvassing board is now anxious to +
its official duty
Returns which the attorneys agree T
ment said would be accepted from both I
Reno and Morris counties as well as from /
Bourbon county. had not been received at I
noon today These returns, il is claimed /
will show a gain of Il for Capper in Repo (
county These u votes. together with I le
gain of a votes in Bourbon county. Will /
reduce Hodges majority from sS, on the /
face of former returns, to =. official
The state canvassing board re-convened /
at go this afternoon and took up the Z
regular official and the supplemental r.
turns with view of completing their can
vaSsing of all state officials. This WORK Il
Of again compiling the figures means
double work for the clerks in the Office OF
will be some time Saturday before the
figures from the los counties will be tabu-
lated in a manner that the canvassIng
board may make their final findings