The Kanzas news., 1857-12-19

" with the requirements Of the Statutes tIaws OF
| 1855, chap SO, see % and ~ which require con
testing members to give notice to persons Having
1 certificates, that the persons holding seats by
virtue thereof were completely estopped from any
bar against the rights of the contestants aeeount
Of failure to notify. The committee, however, do
not regard strict adherence to the forms pre-
seribed by the statutes indispensable, since it is
universally acknowledged principle that Eegis-
latiye body is the sole judge of the election and
qualification of Its own members, and has full and
exclusive power over the mode ana manner Oh de-
termining thereon.
| ID That in the absence of any proclamation on
official notification of the result Of the election IN
said county, but acting upon generally ackneW-
lodged facts, the contestants resoFted TO the only
possible proof within their reach, by taking the
afidavits of respectable citizens, (Which afndaylts
are herewith submitted) eonclusiyely proving that
extensive frauds and gross acts of dishonesty were
praetieed at the polls In the precinct OF klekapoo
in said county of LeavenwOrth, satisfying your
/ committee that more than five hundred fraudulent
votes added to the real vote of said precinct,
and given almost exclusively to the certified MEM
bers of this House from said county.
| Sd. That the poll books of said Kickapoo pre-
einet bear the impress of gross fraud and dishon-
esty.
The certificate OF the Judge is not only not ac-
cording to the form prescribed in the statutes, but
is inserted the back of the fifth page, and GER
and apparently purposely evading the charge of
falsifying the returns by failing to certify that the
nine pages fatEOt0Rg correct at all; and, more
over, that portion of the returns following the
sixth page Is, in the opinion of the committee,
glaringly fraudulent, being evidently Stimulated
and fictitious" From an investigation of them 1t
appears-lst, That the vote for township officers
is almost wholly wanting. 2d, There is almost
perfect uniformity IN the vote purporlng to have
been poled, feature that does not appear on the
preceding pages. 1t also in evidence that
about 900 soldiers and teamsters, connected with
the troops at Fort Leavenworth, voted the Demo
cratic ticket, against the memoriasts, In viola
ton of the Organic Act, which declares that "nO
officer, soldier, marine, or other person
in the employ of the United States, attached to
troops other person in the army or navy of the
United States shall be allowed to Uote hold Office
in the Territory by reason OF being on, service
| therein"
| By rejection of these votes as fraudulent, the
memorialsts would be entitled to seats in this
House, as having received a majority of all the
legal votes polled in the first district.
| Your committee would therefore report:
| That Hugh NJ. Moore, H. B. Denman, a. B. Haz-
zard, B. j. johnson, T. B. Whitesides, A. B. Bart
lett Silas Armstrong and ". G. Sharp are not en-
titled to membership in this House, and recon-
mend that Fl. Miles Moore, George 81. Keller, VIM.
NJ. Mcclure. j. P. Hatterschiet. o a Bassett, VIM
Pennock, R. G. Elliott and Patrick r. Orr, be ad-
mited to seats in this House the legally elected
members thereof from the first district.
| All of which is respectfully sumbitted.
JOHN SPEER,
HARRIS STRATTON
| HENRY OWENS,
CHARLES JENKINS,
JOHN CURTIS,
| Committee
Mr.. Appleman moved that Messrs. Hugh
NJ Moore, A. B. Hazard, A. B. Denman,
B. F. johnson, W. G. Sharp, Silas Arm
strong, T. B. Whitesides and a. B. Bartlett
are not entitled to seats in the House as
Representatives from the 1st district. The
resOlu ton was withdrawn.
Mr.. Speer introduced resolution to the
effect that Messrs. Bartlett, Denman and
Armstrong be allowed to enter their protest
on the journal of the House any time during
the present session. Carried.
A message was received from the Coun-
Gil announcing the appointment of Com
mittee of Printing.
Mr.. Danford, of the 18th Representative
district, was then sworn in.
| Mr.. Stratton moved that Judge Holman
be allowed to address, attorney, in behalf
of the LeaveDworth contestants. Carried.
The House adjourned till P. M, after
hearing Mr.. Holman.
| AFTERNOON SESSION.
Mr.. Wheeler, of the Sd Representative
district, was then sworn in.
| The question then came up on the adop-
ton of the report of the election committee.
Mr.. Stratton moved the previous question.
Carried, by vote of Is to 3-no quorum
voting. The motion was then reconsidered,
and the Sergeant Arms sent for absentees.
| Mr.. Speer made speech relative to the ac-
ton of the commitIee. Mr.. S. was very
earnest in expressing the committees desire
to do all that was fair and just.
The motion for the previous question was
then renewed. and the vote stood-yeas,
Messrs. Appleman, Brock, Barry, Bar
Der, Cooper. De Long. Graham, jamie
son, jenkins, Lockhart. Still, Owens, STRAIT
ton, Seymour, Speer, Wheeler and linn
II. Nays, Messrs. Curtis, Columbia, Dan
ford, Morrill, and Mitchell-5.
Mr.. Appleman offered resolution de-
claring the memorialists entitled to their
seats in this House, and their contestants
not SO entitled, which prevailed. H. Miles
Moore, VIM. Pennock, Geo. H. Keller, J. P.
Hatterschiet, R. G. Elliott, P. r. Orr and
VIM. II. Mcclure were then sworn in.
The names of w. w Ross and R. G. FL
lott were then reported from the committee
as Printer and Superintendent of Public
Printing.
Adjourned till A. NJ. next day.
FRIDAY, Dec. II.
CoUNcIL-Met pursuant 10 adjournment.
| Prayer by the Chaplain.