The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-15
Capper viii Likely Appeal to
Supreme Court
HODGES WILL GO TO SENATE
Kansas Law on Contests vague
and Uncertain.
Lewis King of Cowley, New
Senator. Served in the SOS.


q gubernatorial contest N Kansas this
wear. LAWYERS both for Senator George
II Hodges and Arthur Capper are lay
ing plans for one Of the most bitter
legal battles in the history Of the state
If Hodges brings contest proceedings
he will unquestionabIy seek relief BE-
fore a Democratic senate In event
Cauper is the aggressor in the contest
for the guberuatOrial chair, he Wi
probably cast his lot with the supreme
court going 10 that tribunal on quo
Earranto proceedings
There are many Interesting Legal
phases TO be presented in the case aud
the progress Of the Kansas governor
ship controversy has already attracted
the attention OF judges and trial law
yers in all parts OF the state In the
first place the mode OF procedure IT
subeaatoriaI contest proceedings IN
this state Is none too well defined For
that reason the books are being
searched for the legal technicalities
that are bound 10 have an important
part in the proceedings
One OF the contest cases which viii
probably oe authority in the impending
action Is the Yeager-Aikman judicial
contest before the 1909 senate. In that
case y. A Yeager was defeated for
district judge IN the Thirteenth dis
trict BY Is votes. Feager was Dem
ocrat- He contested Aikman's election
IN a Republican senate and all but
won But Teager overlooked several
points OF law. IN the first place he
failed TO give the required notice OF
contest within the required time ard
he failed 10 file his proceedings less
than ten days after the converting OF
the senate For two weeks it was 2
rough and tumble fight before the seu-
ate and in the end eager was beaten
He went TO the supreme court on quo
warrantO proceedings But that body
refused to review the case or 10 order
a recount Of the ballots which Yeager
alleged had been illegally counted for (
his opponent In their review of the I
case, the supreme court declared that T
TeaEer had accepted jurisdiction in the
senate, that he had selected the court
on which he relied TO win his case 4
and that after losing he could not
80 TO another tribunal and seek re-
ship.
Now the proceedings are being shap-
ed oy the lawyers representing the
Euberna toriaI Contenders II Hodges /
receives the certificate Of election /
when the CauvaSsIng board meets No
Vember p, II Is for Capper TO bring
contest proceedings or step gracefully
down and out His attorneys stone
and AcDermOtt. are already making
preliminary plans They are non
ted that Capper would look TO the su-
prerue court for relief. To 20 10 that
court on QUO warranto proceedings
seeking q recount Of the rejected CAM
per oalotss the Republican nominees
attorneys would probably await
Hodges Inauguration and contest his
right to the Office
If Capper received the certificate Of
election Hodges attorneys would serve
the proper notice Of contest following
the issuance Of the election cerrdcats.
Then when the senate met thev would
bring their case before that bodv II
a recount Of the ballots was ordered
and HOd ges won. he would then 90 70
the supreme court with his creS7antfaI Is
from the senate and ask for the re-
mOvaI OF Capper from the governors
chair The senate of its own motion. {
il is cOutended. would have no LEGAL
authority 70 order the fucum bent to E
deliver his seat or to enforce such -
order If one were made
And 50, with two avenues Of relief
open 70 the warring gUbernatoriaI car
dtdates, the night for the honor of tra
states chief executive. is both novzs
and interesting IN event a contest :
hled, It viii be the first contest for a
governors seat in the history OF the
state
There are several thousand ballots
which the contestants claim were re-
jected and should have been counraz
Tor them These ballots are scattered
over LuS SLale and IN probably 500 Of
the 800 election precincts OF The
state In q contest IT would be neces
sary for the complainant TO specify tha
manner in which the rejected ballots
were marked the number OF ballots
rejected ard the precincts in which rha
votes were cast Then the dafeudf71
candidate might reply with a claim
that several thousand ballots were re-
5ected which should have been counted
for him And thus comm fssfou an
pointed either by the senate or the
supreme court might work for Six
months or a year in an effort TO de-
termfne who IS really the legally ard
rlghtfully elected governor of the state {
And in the end someone would h.
called on to pay the cost bill thai
would amount 20 several times the an
nual salary Of the Office
When the legislature convenes next win
1sr lewis P king Democrat may be on
- The really active law makers in tr-
Kansas senate King has beeu fu the fa- /
is-a[lre before In fact the new Demo
eEa1lc rneru6 Der from CoTTIev county serves
= consecutive years IN the Kansas house.
anf senate and in the Sos and al-s eSrsb I
Lsne1 a record as q parliamentary war
@ ~ Lla[ was ecHpsed by few Of his fel-
Il vas in 1881 when King was your-
EeLp repair the Kansas statutes Thai f
L@L- L ne saS elected 70 the house He uaas
: ar record Tor first term Iezls-
-alor ana IN the TSSr ca-7-afgr vVaS
elected Both 1fr7ss he was eIarfA.9 az = I
t]ept1o5lcs12 candidate
II ~ King was the Republican uCr7t-
T. Lo- state senator in his district h
Won BY that tirne Efrr had as-sb sbIfshrf5 I
n CouS5ierahIe record - a sL7s 4T[, (
e9iet toT Ms PARTY and he was A. -
=. =, tlolzh most % the sessions ~