The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-27
1T Means Certificate of Election
to Hodges.
WILL MR.. CAPPER CONTEST?
His Lawyers Not Prepared to
Say for Certain.
Agreement Is to Count All Add
ed ReturnS-HOdgeS' Lead 52.

Attorneys for Arthur Capper prac-
tically abandoned the first step of the
gubernatorial contest last night wher
they entered into a stipulation which
assures the Issuance of a certificate OF
election to Senator George H. Hodges
when the state canvassing board meets
Friday morning. The agreement was
signed early Tuesday evening, but its
exact language has not been made
public.
Following the action of the Supreme
court which denied a recount of the
Wabaunsee votes, the Capper forces
realized that it was practically impos-
sible to make further attempt to block
the issuance of a certificate of election
to the Democratic gubernatorial nomi-
nee. Even with their gain of Al votes
in Bourbon county, they were still %
votes behind. Conceding that they
might make a possible gain of IA votes
in Reno and 10 more votes in Norris
county; they were reasonably conhdent
that the Hodges people W. nd insist on
counting their supplementary gain OF
q votes in Leavenworth- So, with this
situation confronting them, neSotla-
tions were made looking to an amicable
agreement. 1t came shortly after the
supper hour last night.
The returns in the office of Secretary
of State Charles Sessions show thdl
Hodges has a lead of 80 votes over
Capper on the face of the official ana
SUPPLEMENTAL returns His majority on
the original official reports was 81 but
was increased to SO on the supplemental
returns from 80 counties. With a gain
of Al votes for Capper in BOURBON
county, Hodges would lead in the
gubernatorial race by 81 votes A re-
checking of the Bourbon returns was
ordered Monday night by the supreme
court in a writ of mandamus issued by
that tribunal.
BY the terms of the agreement, the
Bourbon county gain for Capper will
be counted. The Hodges forces will
make no effort to block the Capper
gains in Norris county, it is claimed, |
and both sides agree not to bring fur
ther litigation before the issuance OF
the certificate of election. This means |
q certific e for the Democratic guber-
material nominee and his Inauguration
January IS. What action the Capper
people will take after Hodges is once |
seated is not being discussed at this |
time.
Attorneys both for Hodges and Cap
per admitted this morning that an
agreement had been reached but they |
were not inclined to discuss the exact
language of the latest peace pact. Tom
Doran' one of Hodges counsel ad.
mitted that he had been advised
that an agreement had been made. |
AS to the exact things which the con-
testing gubernatorial candidates
greed to do, Doran would neither
affirm nor deny any of them. Robert
Stone, of Capper counsel, conceded |
that a statement had been made and /
signed and that it would block any
issuance of a certificate. But Mr..
Stone made clear the fact that there
were possible loop-holes and that
failure of the attorneys on either side
unguarded moment block all former
efforts for peace and harmony
Yet the Hodges lawyers and man
ayers were not inclined to view the
They evidently believe it is iror
and water proof. Nearly all of the
Hodges workers who have been in
Topeka since the contest for votes be-
gan left the city last night on early
trains. But none of them checked out
at the hotels until after the peace
pact was formally signed and acknow-
lodged.
meet Friday morning. 1t has been
holding short daily sessions this week.
but always to take Il recess until the
following day. Just It present At
out of the city and viii no return
until Thursday night. He will be
present for the meeting of the board
Friday morning and at that time. it
is claimed, hodges viii De awarded
a certificate of election without OBJ
lection or dispute from the Capper
attorneys.
''Will Mr.. Capper contest the cleo
ton after Hodges is inaugurated ?"
@obert Stone was asked today.
Its too early to discuss that now
said the Topeka lawyer. I'VE have
more than a month in which to get
ready for such proceedings and we
will talk about those things later"