The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-03-21


Ia any county shall be become vacant the governor
shall appoint some competent resident of such county to
perform such duty who shall have the same right TO APP
ront Deputies take and subscribe the OATH and per-
form all the requirements of this act applied sheris
SEo 1t shall be the duty of the sheriff. probate Judge
or person appointed by the governor herein provided in
each county election district before the tenth day
OF April next to file In the Office Of the probate judge of
such county election district full and complete list Of
all the qualified resident in his said county cleo
ton district the first day Of April eighteen hundred
and ftyseven, which list shall exhibit in fair and eg
BILE hand the names of all such legal voters.
SEC 1t shall be- and is hereby made the duty of each
probate Judge upon such being made without de-
lay be posted three OF The public places
in each election precinct in his county election district
copy Of such list Of qualified voters the end that
every inhabiant may inspect the and apply to said
probate judge to any he may find therein in
the manner hereinafter provided
SEC g. Said probate judge shall remain in session each
day Sundays excepted from the time Of receiving said
until the first day Of May next at such places shall
be most convenient to the inhabitants of the county
election district and proceed TO the inspection of said
turns and hear and finally determine according
the facts without unreasonable delay all questions con-
corning the omission Of person from said returns
the improper insertion OF any name said returns and
any other question affecting the integrity fidelity of said
returns and for this purpose shall have power admin
oahs and examine witnesses and compel their attend
in such manner said judge shall deem necessary
SEQ That as as the said list OF legal shall
thus have been revised and corrected it shall be the duty
of the several probate judges to make cut full and fair
copies thereof and without delay furnish to he goven
the Territory copy and to the secretary of the Terri
tory copy and it shall be the duty of the governor
copies thereof distinguishing the from each
county election district to be printed and distributed
generally among the inhabitants Of the Territory and
copy shall be deposited with the clerk of each of
ord probate Judge within the limits OF said Territory
copy delivered each Judge Of the election and
at least three copies shall be posted up at each place Of
voting.
SEC 1t shall be the duty of the governor and secre-
tary OF the Territory the shall be
peed and returns made proceed to make apportion
ment of the members for convention among the different
counties end election districts in said Territory in the
following The whole number of legal shall
be divided by sixty and the product of such division
ectng any fraction of unit shall be the ratio Or rule Of
apporonment of members among the several counties
election district and if any county election district
shall not have number OF legal thus ascertaned
equal to the ratio it shall be attached to adjoining
county district and thus form representative district
the number of said voters each county district shall
then be divided by the ratio, and the product shall tie
the number of representatives apportioned to such
ty district PROVIDED That the loss in the number Of
members caused by the fractions remaining in the several
counties in the division of the legal thereof shall be
compensated by assigning to many counties districts
have the largest fractions additional member for lis
fraction as may be necessary to make the whole number of
representatives sixty.
SEC g. An election shall tie held for members Of
venon to form constitution for the State of Kansas
cordng to the apporionment to be made aforesaid the
third Monday in June to be held the various
ton precincts established 10 the Territory in accordance
with the provisions Of law that subject and such
election person shall be permitted to vote unless his
name shall appear upon said corrected list
SEC. g. The board OF county commissioners shall
places of voting for their respective counties election
districts They shall appoint three suitable persons bc
judges Of the election at each place of voting They shall
notice of the places Of holding elections in their re-
specve counties or districts to be published and drbu
ted in every election district precinct days before the
day Of election. If any judge Of election appointed
legal assembled the place and the day appoint
ed for said election shall have the power to fill such
canoy by election mongst themselves,
SEC TO- The judges of election shall EACH before enter
ing the discharge of his duties make oath afirma
ton that he will faithfully and impartially discharge the
duties of judge Of the election according to law which
oath shall be administered by any officer authorized to adj
minister oahs The clerks of election shall be appointed
by the Judges and shall take the like oath affirmation
to be administered BY of the judges or by any Of the
officers Aforesaid Duplicate returns of election shall be
made and certified by the judges and clerks of which
shall be deposited with the board of couay commissioners
for the county district in which the election is held aud
the other shall be transmitted to the secretary of the Ter
rtory and the having the highest number Of votes in
his county election district shall be the representative
for such county district and In Of tie contest
in which caunot be satisfactorily determined who
duly elected the convention when assembled shall order
new election as herein provided.
Sec H. Every bona e nhabitant of the Territory of
Kansas on the third Monday Of June one thousand eight
hundred and ffty-seven, being citizen Of the United
States over the age of twenyone years. and who shall
have resided three months next before said election in the
county in which he offers to voe and other person
whatever shall be entitled to vote said election and any
person qualified as voter may be delegate to said con-
vention, and no Others.
SEC H. All persons hereby authorized to take the
to assist in the taking thereof shall have power to
administer OathS and examine persons oath in all
where it may be necessary to the full and faithful perform
ance of their duties under this act.
SEC l3 II any person. by menace threats force, or
by any other unlawful means shall directly indirectly
attempt TO influence any qualified voter in giving his vote
deter him from going TO the poll disturb hinder
him in the free exercise Of his right of suffrage said cleo
ton the person offending shall be adudged guilty of
msdemeanor and punished by fine not less than Eve hum
bred dollars by Imprisonment not less than three months
nor than six or by both.
Sec a. That every person, not being qualified voter
according to the provisions of this act who shall vote at
any election within said Territory knowing that he is not
entitled to vote and every person who at the election
shall vote more than once whether at the differ
ent place be adudged guilty of misdemeanor, and be
punished by fine of not less than hundred dollars
exceeding hundred by imprisonment not less
than three months nor exceeding six, or both.
Sec l6. Any person whatsoever who may be charged
with holding the election herein authorized who shall
wnlly and knowingly commit any fraud irregularty
whatever with the intent to hinder prevent defeat
fair expression of the popular will in the said election
less than five hundred dollars, than thou
sand dollars and imprisonment less than six months
nor more than twelve months, or both.
SEC. l6 The delegates thus elected shall assemble in
convention at the capital Of said Territory, the first
Monday Of September next and shall proceed to form
can in its orm for admission into the Union equal
footing with the original States in all respects whatever
by the name of the State OF Kansas.
SEC ! T. Said convention, when assembled shall elect
presiding officer, and all other officers necessary for the
Transaction Of their business and the members and officers
pensaon the members and officers Of the legislative
Semby of Kansas Territory to be paid out of any money
IN the treasury not otherwise appropriated
SEC 49, All shers and other officers for the discharge