The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-25
HARVEYS VIEW.
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both Mr.. Hodges and Mr.. Capper were
doing everything that they could to
ascertain the facts concerning the cleo
ton returns and to facilitate a care
full and accurate canvass of the vote:
No Fraud Was Charged.
1.-THE most remarkable feature of the
situation throughout the canvass was
the fact that not a single case was
reported where election officers or can
wasting boards were guilty of fraud or
were even charged with fraud. There
was a newspaper story charging fraud
in some of the precincts at 1eaVen-
worth but an investigation made by
Mr.. McDermott, representing Mr.. Cap
per- and by other attorneys, represent
ing Mr.. Hodges, proved that this
charge was not true.
Another remarkable feature was the
thoroughness with which we found
that Mr.. Capper was searching the
state and securing reports of the vari-
Gus canVasses that were being made
in the counties. With energy unsur-
passed and with the utmost care and
thoroughness he placed himself in
touch with every county. In fact, his
returns were the best unofficial returns
that came to Topeka and during the
years that 1 have known of politics
in Kansas I have never known of I'M
official returns that equalled in accur-
acy those secured by Mr.. Capper. I
was told that he had six telephone
trunk lines running into his office and
that he used them for all they were
worth in addition to the sending and
receiving of many kilograms. We did
not hesitate to check our returns with
those of Mr.. Capper and we learned to
hesitate when our returns differed fror~
Ii fa1pnhnna mr. fnIn-
graphic returns are sure to vary, on
account of the miswriting or misunder-
standing of figures reported. No just
charge can be made against the Kan
sas election machinery as it operated
this year. The simple difficulty was
that the election was close-awfully
close.
The only suggestion that we had
from Mr.. Hodges was that we should
endeaVor TO procure a correct canvass
of all of the votes which were entitled
to be canvassed under the laws of the
state, and he frequently said that If
this counted him out it was all right
with him. Mr.. Capper assumed the
same attitude and I feel that the peo-
pie of Kansas are to be congratulated
upon the fact that the candidates for
governor of the two leading parties
were men of high haracter and that
they took a position on a high plane
when they were confronted with a
close eleCClOn.
Rules of Law Applied.
Kansas election laws provide for
the canvass of the ballots by the cleo
ton boards made up of voters from
different parties; and the return of
ballots toe ether with poll books show
ing the count 10 the county clerks.
The ballots are sealed and the law pro-
Nides that they shall not be opened ex-
cept in a contest court, and in pres
ence of the county clerks having
charge of them. There is no provision
for the correction of mistakes made
in the original count except in a con
test court where all mistakes may oe
corrected.
I'VE were therefore unable for the
time being to take any action concern
the original count, although many
such mistakes had been reported to
the Hodges headquarters.
The poll books of the count made |
in the different precincts are canvass |
ed by the county board on Friday af-
ter the election. We received many
reports of errors in this canvass. 1t |
had always been the law in Kansas !
that mistakes made b ycounty boards
could not be corrected by the recon- |
vening of boards after they had once !
but in that connection it |
has also been the rule that if for any |
reason a county canvassing board ad- !
iourns without having canvassed all of |
or improperly, then the board could |
reconvene or could be compelled to |
reconvene to complete the canvass. We |
proceeded upon the theory that errors |
made by neglect or omission to can
vass all of the returns were the only |
errors that could be corrected under |
lie law and that errors consisting OF
mistakes by the canvassing boards in |
the canvass of returns could only be |
in a contest court the same
as mistakes made by election boards. |
The Capper Lawsuits.
1--WE We're therefore surprised to
learn that two suits had been insti-
tuted by Mr.. Capper, one to compel a
county board to reconvene and correct
an alleged mistake and the other to
election boards to reconvene,
procure the ballots that had passed |
out Of their hands and correct alleged
mistakes and make new returns. The /
first of these actions, was called the
Bourbon County case, and the second |
the Wabaunsee County case They /
were heard together in the supreme
court. The Bourbon County case was
decided in Mr.. Capper's favor, and it |
reversed a line of decisions, made by