The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-15

Ell f. D. H OBJ ~ Judges of Election.
Clerks Of
( Election.
The following objections to the validity
of said election and against the removal OF
the county seat-from, Tecumseh, are urged |
and sustained:
l. No general election law was passed
at the last session of the Legislative As
sembly, 1858; no form prescribed for con-
Quoting said election:
2. The Probate Judge had no knowl-
edge of an election or pretended election
for county seat having been held in any
part of the county until after the period
prescribed by law within which his deci-
sion should have been demanded:
8. The returns should have been deliv-
cred to the Probate Judge within five
days after the election, viz: by the 10th of
October:-they were not delivered till
Nov. 25th.-[Sec. 8. Chap. 81. L. 1851
4. If necessary to hold said election un-
der laws of 1856, the proceedings and re-
turns must in all respects conform thereto.
They are not in accordance with said law.
i 5. No notice was given of said election
by the Board of Supervisors or Sheriff
[Sec. f. Chap. &c, L. 1861
6. No judges of election were appoint
ed by the Board of Supervisors 10 hold
said election-[Sec. 4, same.
: z. The returns are principally signed
by the Township Supervisors as judges OF
election. The 18th Section of Chapter
II, Laws of 1858 only makes the Town
, ship Supervisors Inspectors of Township
elections, [held in March, and not OF gen.
I eral elections, held in October.l No ev-
idence adduced or shown on record that
: they were chosen or selected by the voters
! present as required by law.
+ 8. No poll books were furnished to
{ portion of the precincts entitled to vote.
Sec. 4. Chap. sc. L. 1861 >,
= 9. Favoritism and policy are evident
r from an inspection of the poll books
: At some of the precincts the question Of
a vote upon "County Seat was under
: stood and acted upon, at others it was not
n Where is Shawnee Election DISTRICT
: in "Topeka precinct?"
e 10. Neither judges or clerks were sworr
a at any of the polls as required by law
e and one poll seems to have been conduct
II ed without any clerks. Sec. 4 & Z, ch
b &c, L. 1858.
II IL. There are no certificates of the mum
d Der of votes polled except on one return
Sec. IA, same.
l. IL. The election was held at two OF tn
polls two days in succession, viz: at Tope
le ka the whole number of votes polled wa
l. only 246; and at Brownville where tn
s. whole number of votes polled was onl
D, 135. The record does not show any ne
~ cessity for continuing the election NOR
~ than one day, unless. voters were actual
u present, offering to vote and their vote
could not be taken within the hours pre-
'n scribed by law, the power of holding tn
o. election ceased at any such poll al sur
n down. If such was the fact, that all tn
" votes actually offering could not be take
within the time, the record or poll Ii
sn should state it. The judges could nj
ne legally exercise an arbitrary discretion
Of, holding the polls open for the purpose
10 drumming up votes. A greater numb
ay of votes than 246is commonly polled at
10 single precinct in one day in States whe
the viva voce system prevails. Sec. l
same.
.,h l3. IfTecumseh, Brownville, William
= port and Topeka were candidates." &c
,rr tifcates of the result should have be
!, delivered to those having the hight
70. number of votes in each precincts
are IA. same.
ths IA. 1t was the duty of the board
an County Supervisors to have given not
No and the Sheriff to have seen that due I
rad tice was given in every election precil
of entitled to vote at said election-inc
ding Wakarusa. Richardson and Wei
aid precincts. This not having been done
I'M right and interests of the residue of
county cannot be jeoparded or diminish
= by official neglect, misconduct or m
sup. feasance.-Sec. 9,Chap. 13, L. So and 5
sels l, Chap. IA, L. do.
= 1 do therefore certify and declare t
= the said election for the County Seat
< the County of Shawnee. held on the
, and 5th days of October, 1858, was
9 conducted according to law, and that
same is illegal, fraudulent and void.
Given under my hand at the City
Tecumseh, the 9th day of Novem
1858. EDW'D HOOGLAND.
Probate Judge. Shawnee Co. K I.