The Kansas herald of freedom., 1858-09-25


in the minds of many of the people of the Terri
tory of Kansas, in reference to the approaching
October elections, and having been informed
that some misapprehension exists as to the off,
GERS to be elected at inst time and the laws un-
der which the elections are to be held: There
fore, in order 10 correct ans erroneous impress
sions that inay exist on these matters, deem 1t
proper to direct public attention TO the various
provisions of law bearing on these subjects
TERRITORIAL SUPERINTENDENT OF
COMMON SCHOOLS.
Chapter 6, section L, approved February y,
1853, provides for a Territorial Superintendent
of Common Schools. who shall be elected by
vote throughout the Territory, at the next gem
eTal election.
Statutes of Kansas TERRITORY, 1855, page 800.
chapter &C, section .. "0n the first Monday in
October, in the year one thousand eigth hum
dred and fifty-six, and on the first Monday IN
Representatives in the Legislative Assembly
and for all other elective offices not otherwise
provided for by law, shall be held, at the respec
tive places of holding elections, in this Terri
SHc.o. Every county that now is or may hereaf-
ter be established. shall compose an election dis
trict and sl elections shall be held at the court
house 81 such county. where one has been erect
ed. If there be no court house. then itsfall be
the duty Of the county commissioners to name
house in such county where the election shall
oe neld; ee". a*
Prorided, That the county commissioners ['sCrc
"sHperrisOrs''l may, from time TO time, estab-
lish such additional election precincts as may
seem to them necessary or proper; Proeidtsi,
JHFtieT A0trereT, Thai IN no case shall more than
one precinct be established in any one munich
pal township ANN,
county commissioners shall appoint the Judges
Of election in each county or voting precinct, at
least six days before the election at which they
are to act," is repealed BY section 40, of the
township law, approved February 70, 1855, viz;
SEC. 40. Tho supervisors of each township
shall, by virtue of their office, be the commits,
sioners Of highways oyerseers Of the pGor @ and s
lowing portion of section OF chapter 60, of the
statute of 1855: And if, at the hour of opening
the polls, such judges are not present, then the
voters assembled shall have full power to elect
others to FL the vacancy or vacancies thus 0c-
casioned. Said judges shall, before they enter
on the discharge Of their duties, take the follow
ing oath or affirmation, to be administered BY
one of their own body, By the sheriff, or by any
officer authorized to administer Oaths: II do
swear Tor affirm that will impartially discharge
the duties of judge, Of the present election, ac-
cording to law and the best OF my ability"
SEC. 6. That two blank poll books, with the
proper blanks laid off, and the proper certificates
attached, shall be made out b. the clerk of the
county commissioners lnow board of supervisorsl
and delivered to the sheriff at least ten days be-
fore the election and if not so made out and
delivered, it shall be the duty of the sheriff to
cause the same to be made out. The sheriff shall
deliver such poll book to the judges of the elec-
tiOn, 1.-The supervisors OF the township are now
the Judges of election SO soon as they are elect
ed and qualified, to act as Judges of elections. If
such poll books be not delivered by the sheriff,
the judges Of the election shall cause the same
to be made out. The certificates shall be in the
following form, to wit:
We, the undersigned, judges of the election in
- election district, certify that the foregoing
is correct list Of the votes given at an election
held on the - day of -, A. ID. lS5-, as wit
ncsseth our hands this = day of -, A. D..
| lSj-. ..f-
A5;siiI G:H. a:B: aa:B:
| j, E.. F.
Clerks of Election. Judges.
| SEC. 7. "The judges of election shall appoint
| two clerks. who, before entering upon the dis
charge Of their duties, shall take an oath or af-
| frmation, to be administered by one of the judg-
es, that they will faithfully discharge the duties
of clerk according to law and the best of their
ability.
SEC. g. "If, after the election of any judge or
clerk. such Judge or clerk resign, be unable to
further continue in the discharge Of his duties,
| the remaining judge or judges, shall appoint
suitable person or persons to fill the place OF the
person orpersOns so declining, who shall be quail
fled and proceed to discharge his duties as if he
had been originally selected.
| SEC. 9. "The judges of the election shall open
| the polls at nine o'clock il the morning and con-
tinue them open until six o'clock in the even
inE: PrOoi63 ho,eeCer if all the votes Offered to
be given cannot be taken before the hour ap-
pointed for closing the polls, the Judges SHALL by
| puDlIS SuCH uhtii
the following dag, when the polls shall again be
opened and the election continued as before, but
in no case shall tho election be continued be-
yond the second day.
SEC TO- at shall be the duty of the sheriff in
person. or By deputy, TO attend each election, and
to cry in Gn audible voice the name Of each
voter as given in, and to discharge all other du-
ties imposed on him By law, under the direction
of the judges.
SIC. q. ..The Judges of election shall preserve
good order, and may punish any disorderly per-
ceeding twenty dollars, at their discretion, and
commit the offenders to jail until the line be
paid.
SEC. %. "If any person. appointed to take the
returns of any election to the Secretary of the
Territory, wilfully fail to take the same in due
time, he shall be fined in the sum of one hun
dred dollars to be recovered by action Of debt ir
the name of the Territory, or By indictment; in
either case, the ine to go into the county treas.
ury for the use Of the county. rs.
SEC. "a. "lf the judge of any election wilfull,
fail to certify and transmit the poll books o.
such election, or to give certificates OF the vote
given at such election, to the persons authorized
to receive the same they shall be severally fineC
in the sum Of one hundred dollars, to be recov
cred by action Of debt in the name Of the Terri
tory, or by Indictment; in either case the hne Il
90 into the county treasury for the use of thu
county.
SFC. IS. "Whcn any county BY law. is attached
b. another county for civil and military purpos
es, the county so attached shall not be deemed
ar election district but the county commission
ers lsuperyisOrsl of the county, TO which sucl
county is attached, shall have power, if it b
deemed necessary. to establish an election dis
trict in the county so attached.
SEC. SO. "All voting shall be by ballot unit
the first day of November 1856, and from and af
ter that time the voting shall be cfo6 Doce."
The voting, therefore, for Representatives, il
the absence Of any provision of law, except tn
: above section, will necessarily be cicd rOce.
The qualifications of voters as defined in sec
tion 5, Of the act of the Legislative Assembly ap
proved February Goth. 1857. entitled AN Act +
"define and establish the Council and Represen
"tative Districts for the Legislative Assembly
''and for other purposes"-page 65, sectien 5. re
quires six months residence in the Territory pre-
vious to voting. -s-
The following is the apportionment of Repre-
} sentativeS to the several counties and district
, to be elected under the above laws:
DIsr's, COUNTIES. NO. MEMBERS
lst. Leayenworth County.
7 I'd. Atehison, ;
Sd. DOniphan,
A.