The Kansas herald of freedom., 1858-09-18

Whereas, differences Of opinion seem to exist
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
GERS to be elected at that time, and the laws un-
der which the elections are to be held: There
fore, in order to correct any erroneous impress
sions that may exist on these matters, deem IL
proper TO direct public attention to the various
provisions of law bearing on these subjects:
TERRITORIAL SUPERINTENDENT OF
COMMON SCHOOLS.
Chapter g. section l, approved February 12.
1853, provides for Territorial Superintendent
of Common Schools. who shall be elected by
vote throughout the Territory, at the next gen.
eral election.
Statutes of Kansas Territory. 1856 page 800.
chapter 66, section ?, "On the first Monday in
october. in the year one thousand elgth hun
dred and ffty six, and on the first Monday in
October in every year thereafter, an election for
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
tory.
Sec Every county that now is or may hereaf-
ter be established. shall compose an election dis
tret, and all elections shall be held at the court
house of such county, where one has been erect
ed. If there be no court house. then 1t shall be
the duty of the county commissioners to name
house in such county where the election shall
be held: etc..
Erorided, That the county commissioners [nOao
"suDercisors''l may, from time TO time, estab-
lish such additional election precincts as may
seem to them necessary or proper; Prorfded,
further, hOcecer, That in no case shall more than
one precinct be established in any one munich
pal township
The following portions of section 5, viz: "The
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are to act" is repealed BY section 4O, Of the
township law, approved February u, 1853, viz:
SEC. 40. The supervisors of each township
shall, By virtue of their office, be the commits
sOners of highways, Overseers of the POOR and
inspectors Of eectioas," leaving in force the fol-
lowing portion OF section " OF chapter 66, 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 fill the vacancy vacancies thus oc
casinned. sand 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 b, any
officer authorized TO administer Oaths: II do
swear Tor afirm) that will impartially discharge
the duties of judge, of the present election, ac-
corling to law and the best of my ability"
SEC. 6. That two blank poll books, with the
proper blanks laid of, and the propercertiicates
attached, shall be made out By the clerk of the
county commissioners lnOw board of supervisors
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
denver Sucn poll DOCK 10 the JUDGES OF the elec-
ton, 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
- lection district, certify that the foregoing
held on the = day of -, A. ID. ls5-, as wit
nesseth our hands this - day of -, A. u.
lS5-.
Ati.'fl &. il. t:B: t.B:
Clerks Of Election. Judges
! SEC. I. "The judges of election shall appoint
two clerks. who, before entering upon the dis
charge of their duties, shall take an oath or at
| 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.
clerk. such judge clerk resign, or be unable t.
| further continue in the discharge of his duties
| the remaining judge or judges, shall appoint
suitable person or persons to nil the place OF the
person orpersons SO declining, who shall be quail.
flied, and proceed to discharge his duties Us If he
had been originally selected.
SEC. Q. THE judges of the election shall open
the polls at nine O'Clock in the morning and con
ing PrOcided, hOcecer, if all the votes offered tC
be given cannot be taken before the hour ap-
pointed for closing The polls the judges shall, b.
public proclamation, adjourn such election until
the following day. when the polls shall again bt
opened and the election continued Us before, bu
in no case shall the election be continued be
yOnd the second day.
SEC 10. ut shall be the duty of the sheriff il
person, BY deputy TO attend each elec tion, anC
to cry in audible voice the name OF eact
voter, as given in, and to discharge all other du
ties imposed on him BY law, under the direction
of the judges.
SEC 22 THE judges of election shall preserv,
good order, and may punish any disorderly per
sons for contempt. summarily, by fine, not ex
ceeding twenty dollars, at their discretion, ant
commit the offenders to jail until the fine b.
paid.
SEC. %. IF any person. appointed to take tn,
returns Of any election to the Secretary of thu
Territory, Wilfully fail to take the same in du
time, he shall be fined in the sum of one hun
dred dollars, to be recovered By action of debt
the name of the Territory, or by indictment; II
either case, the 6ne to go into the county treas
ury for the use of the county.
SEC "a. IF the judge of any election wilfull
fail to certify and transmit the poll books o
such election, ,-Or to give certificates of the vOt
given at such election, to the persons authorizes
to receive the same, they shall be seyerally fnet
!, 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 fine +
go into the county treasury for the use of tn
county.
SEC, Is. when any county b. law, is attache,
by another county for civil and military purpos
es, the county so attached shall not be deeme,
an election district. but the county commission
ers lsupervisors 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.
II SEC. SO. All voting shall be BY ballot unit
the first day of November 1856, and from and al
ter that time the voting snail be et1d r0ce.
The voting, therefore, for Representatives, il
the absence Of any provision OF law, except tn
above section, will necessarily be ricd roce.
The qualifications of voters defined sec
ton ), of the act Of the Legislative Assembly, ,ap
, proved February 2Oth. 's51 entitled An Act I
define and establish the Council and RepreSen
] "tative Districts for the Legislative Assembly
''and for other purposes 65, section ), re
quires six onthsresidence in the Territory pre-
vious to voting.
, sentatives to the several counties and district
to be elected under the above laws:
DIsT's, COUNTIES. NO. MEMBERS
lst. Leavenworth County.
> I'd. Atchison, 3
Sd. Doniphan,
4th. Brown and
5th. Nemaha,
9th. Marshall,
7th. Jefferson, 2
eth. Calhoun,
9th. Pottawatomie and Riley, g
10th. Douglas and johnson counties, and
all that part of the Territory Of Kan.
sas lying west of the counties of
Wise, Butler and Hunter,
1lth, Shawnee.
, isth. Richardson, Davis, Wise and Breck-)
enridge, and
, 18th. Weller, Madison. Butler, Hunter
and Greenwood, and |,
18th. Bourbon, Godfrey, Wilson, Dorm I
and McGee. and
: 18th. WoOd.on, Coffey and Allen, and
10th. Anderson and Franklin,
18th. Linn.
18th. Ly kins, 3
Whole number, y %
COUNTY SEATS