The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-03
"Tainted and Permeated With
Fraud" Says RalstOn.
Answer to City Council Suit in
Supreme Court.
LIVING IN COW PASTURES
Claims Resident Numbers Ap-
pear on Vacant Lots.
Second Chapter of Fight on
Commission Form.

w. c. Ralston. city attorney of To-
peka, has left no room for doubt in the
minds of the judges of the Kansas
supreme court, as to what he thinks
of the graveyard" petitions asking
that Topeka return to the council
form of city government.
Thoroughly tainted and permeated
with fraud and irreguIarity,'' reads a
part of his answer to the mandamus
suit instituted in the supreme court
by Capt p. H. Coney, of the Anti-Com-
mission league. Coney is seeking
through the supreme court to compel
the city commission either to return
the petitions to him, or to hold a
special election to vote upon return
ing to the council plan. Ralston's
answer to an alternative writ of man
damus was filed with the court today
The answer, among other things,
alleges that the petitions were found
to be insufficiently signed and that
therefore no election could legally be
held. He also refuses to return the
petitions on the grounds that those
asking for their return have no legal
right to them and that they are a
part of the official records of the city.
The Answer.
The answer in part reads:
THAT said petition contained names
of persons purporting to reside at
that if such street had existed, the
residences bearing such numbers
would have been located in parks, in
COW pastures and on vacant lots; that
said petition contained names of per-
sons who did not reside in the city
of Topeka; that said petition con-
tanned names which had been signed
thereto two three and four times;
that said petition contained names of
persons that did not reside at the
places where they were purported to
reside as set forth therein and that
said petition contained d1trefeut sis
natures in the same handwriting.
SSf..sst these defendants would have
been justified in ignoring said petition
entirely on the ground that 1t was
so thoroughly tainted and 'permeated
with fraud and irregularity that it
would be impossible to satisfactorily
determine whether any portion of said
petition was regular and in due form
as required by law.
Burge Did Duty.
THAT, Notwithstanding the fraudu-
lent and irregular character of said
petition, above set forth, defend
ant, c. b. Burge, obedient to the duties
imposed upon him, city clerk Of
said city, by section 1899 of the Gen
eral Statutes of Kansas of 1903, with
two assistants. worked for nine full
days, including Sunday, in examining
the voters register in the office of
the commissioner of elections of said
city for the purpose of ascertaining
whether or not said petition was
signed by the requisite number of
qualified electors; and after elimInat-
ing the sojourners in parks, the dwell
ers in COW pastures, the nomads on
vacant lots. the denizens at fictitious
street numbers, the non-residents of
Topeka, the duplicate, triplicate and
quadruplicate names and other 1rreS-
ular signatures, said defendant, e. B.
Burge, as city clerk, on February l 3.
1915, certified and reported, under
date of February 13, 1915, to said
mayor and commissioners that said
petition was insufficient to authorize
the calling of the election therein re-
quested, which report was approved
and said petition placed on file by
said mayor and commissioners; a
copy of which said certificate and re-
port of said defendant, G. B. BurRe.
is hereto attached, marked Exhibit
B. and made a part of this return.
THAT the total number of electors
appearing on the voters register in
the office of commissioner of elections
of the city of Topeka at the time of
the filing of said petition, was 6.97S;
that section 1241 of the General Stat
utes of Kansas of 1909 required said
petition to be signed by not less than
% per cent of the electors of said city.
to wit, 4,245; that said petition WIS
signed by only 2.290 electors whose
names appeared upon said voters reg
lister; and that. therefore, said petition
was insufficient to authorize the may
or and commissioners to call the cleo
ton therein requested. and the mayor
and commissioners did not call such
election"
Did Not Sign Paper.
Referring to a second petition of
the same nature, the city attorney
says
s'That said petition contained the
names of about 300 unauthorized
as heretofore admitted
TConinued on Page Two.l