The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1858-02-16

\ - oAO-ssvSs0H ~ - UObO 81 oSyD p00D
; the question 81 kcsssieg the sals OF lagoon
10 such : sense the very BODY and substance I
the act, that If IL 10 declared void, there
nothing 70 stand - the viii Of the Iecislstur,
} Or the law " the land. IL l. in mo maous
. declared BY tho act that The psohibisory liouo
law i repealed and license Law adopted in j,
stead. This was the question ID Be. voted upo
and decided BY tho people Of esch county |
ehe p0ftioa making provision foe . soas BY u
II people = held - BE- void. nothipg remains com
mandedl BY the Legislature - rule Of CIV
Conduct; We cannot undertake 70 say tha
u To ptohibtOry nqa0r Law ID sepsaled, and
license Law adopted in its stead according {
: the forms prescribed nv the Constitution.
Il results from the foregoing consideration
that the act entitled can act 70 license af
requisite the sale Of Malt, spisisuous and sviaou
Il l'quorssin the State Of Iowa, approved Januar
18th 1887, u unconstitutional and void tn
defendants demurrer to the Indictment agains
him for selling liquors without b wing .flrst %
i tanned . iicense o. required by such oct, wa
improperly oyerruled. and the judgment Of TIN
District Court will be reversed.
4 ##. L. D. Stockton, Justice.
Wright Q. y, dissenting a. 70 20 mach 3
the foregoing opinion as iefatesto shs obiec.
ton that the Law WAS not one Of "funiforu
operation"
1Fa7F -----4--4A-----4--- --.---s hsseisg
hmporaAns frOm LecaMplsn-ScOum
CresAe9gsfees0Tna Discsverod- Wlsolo
sasc FeTgery, ANA Sinon.purc Per
Special oerrspOndsncs q he Lesvsavorth TinisAa
4 Lawrence, Kansas, Feb. ,, 1858. Y
FRIEND VAUGHAN The board OF :. commits
sl0ners Tor the investigation Of election Frauds
are in session 1T this place. Some singular eyi
dence has been obtained, sh-uq VIC take into
consideration that which vas sworn 70 At Lea
venworth. There must be slight saisamder.
standing with some Of the witnesses. n their
statements, made srdey oath, are widely differ.
eRt on some important points. asa4.j..s. sy s..
/ Henderson (you will recollect) states that
he brought the returns from Delaware Cross.
| sing TO Leavenworth, aud gave them 70 Diefen.
d0rf, the day that he arrived there shat he
saw them - the judges ' ere rolling them up
TO be put into the box" and that she never
saw then afterwards" but that Diefendorf told
him the morning that he left town, that he
| (Diefendorf had sent the returns 70 Calhoun.
Diefendorf has been before the board TO.
day.-He states that be ncyer sau the yetmyas
until the night before Kenderson started for
| Washington; that Il. sent for hn to come to
4 his room; and thasH. gave him q roll Of
paper at that time, which he said was the Della
] ware Cossing returns, and also stated at that
4 time that there was box in No. q, at the
planters house, which contained the ballots. -
Defender had heard prior 10 this, that Hender-
son had brought up the returns, but does not
| remember who he obtained bis information
from. He did not know that Henderson was
going. nor that he had gone down to shawnee.
until election day-nor did, he know the day
that Henderson got back that he had brought
che returns" tigg -
Defendorf also states that he saw Henders on.
as he vas getting into the stage to- start from
Leavenworth On Tuesday morning, but ..did mot
| tell him that he had sent the returns 20 Le-
compton" that he .dld nor give them 10 Cal
houn, until the week following, while Calhoun
was At Weston" and that they were never
opened BY any one, while in his posses.ion.-
the returns were not mot sealed when II. gave
them 70 him, but be did not zee . figure OF lei.
ter on them. .e4sss5- ,ats
Jno. G. Vaughan, and others, have testified
that Mr.. Thomas Ewing voted At Kickapco
:uat before o'clock p. NJ and that there
we're but three Or four votes polled after that
time. ta .sggE s 4-s. =
W. 4. Roberts states that he was present
when Calhoun counted the votes ct Lecompton.
There were 995 names recorded. Mr. Ewinss
name occurred opposite $50. This might lead
one TO believe (if he did not know the, judees
to De 90 honest and honorable Is to be above
suspicion) that they had added on upwards Of
40 names after the polls had closed We can.
not. Of course, charge them with this. Any cit
izen Of the City Of Kjctopoo would BE- too
high minded and chivalric, to aid, in any man
ner. in concentrating frauds At an election.
We have had some sport in town this evening.
Uensrdt L. a. Mclean (chisf clerk in the sur-
veyor generals ofice) Testified before the board
OF commissioners yesterday. He was very
ignorant, not only in relatiQn to the election
returns but vas Ssmsrckty sgnOyaxf He did
swear though that he had soen the, election. re-
turns, but aerer saU tkem open; that Calhoun
left them with him after the counting st L.
compton: that he tied them up and but tliem 4
20 the safe; that on tie 18th o. Goth inst, Gal |
noun sent messenger from Platte Citys with
instructions 70 send al the returns oi both |
elections to him At that place. and that he NC. |
Leanl did send them, and that ke had MT seen |
them si'see, but believed shst Calhoun hsd car.
REQ them TO Washington and tlas the Della |
ware ageAcy Or crossing returns had neyer been |
~ Lecon.pton. The board were well satisfied T
that the sttos seas sssariny falsely, as they had
come intOthe possession Of some facts unknown /
70 him, in relation 70 the returns. s6.sslf ~.
To-day Sheriff Walker went to Lecompton
with search warrant commanding him 10
searcn the surveyor generals Office and grounds
ABOUT the ofiice, for the returnG Mclean pso-
Tested loudly against the search. /, Walker paid
y attention to his protest, but proceeded to
remove pile Of wood in the rear Of the once. i
md then dug down into the ground short dis.I
lance, when 10 and behold! tie identical ~
"rns, rAicAt Me ffllog sgoTs 20 pos;ti.eiv to
s6Ssng sent e Platte City, we're brought forth.
Governor Denver, the speaker Of TIE House II
mo chairman Of the Senate, have exaniioed 4
mem, snd swear that they are the same retufnsl
shlcn Calhoun corrected ON the l4sh. ult,
AcLean and SherrArd) who swore to abont
ne same that Mclean did) must feel that tbe
community 70 which they live highly respect
nem Tor their adherence % fr4tk pAiis .adsr
P.S-Since writing the above. the commit p /.
toner's have found in the book III resurrrctea
ieosion retarns brought from Leconpsoo. -
aiked Of Delaware Crossing returns. Not sish.,l
landing the various afadavits that have been
lade that they never were III LecoInpton-andl
nat they did not cali for over ~ votes-thev
ere found IN Lecompton, and had been i'd eks | ,
ossession Of the viAaino.s traitor Ceikou..'
they we're certified TO BY the Judges ana
'crks IN proper form. There were fkree ~. II
req aad sseeaey aiss names written cut "a Shel /,
OIL ilst. with the certificate appended ooer.e.
onding g that number. Wits have hean Y, | !
49, ior ncLean, Shcrrard, ard The judges ofl
scsaon g delaware Agency. Diefendoff Vim +
re.siaeo hsFs Tor time, sesn ~ s1ine v !
There y considerable ,leslipg here .hecap.
enderson vas allowed 10 Escape. Sui II rhe r.
Their Ct the vlllainy. '@0Id CAibodB, = should 1
90 me- eafcAos once, The asany usfos which - !.
= e&alnes hin y ~ territesy wosld. not availL
uea. the ecoR9dfet would a. hing "a ~ 6ret / .
ee-wltA 0tt he ia of vrits. ~s7'l
Insss sstasns' beng iSuad IL "REMINISCENCES Z
e1coNepoA1 vesy; ~ u3sA 1h& ceatnr>e1 L =
80 ~ Defeadprt vAile - aaaA- 4HaansassI /,