White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1864-12-29

State. Auditor. Treasurer, and Attorney
General, met at Topeka, q few days since.
to canvass the vote cast at recent cleo
tiop. The Supreme Court. who were
petitioned to forbid the counting of the
soldier vote. having decided that the
matter was not regularly and properly
befors it. the responsibility rested with
the Board of Csnvassers. who decided,
by msjority, not to count tho vote.
That vote would not have cbsngsd the
result on any State Office. bat would
have beaten Price, for the Senate, in this
County. and elected Lockwood, in the
Council Grove District, and probably
made change in several other members
Of the Legislature. Gov. Carney, Audi.
tor Hairgrove and Attorney Gensral
Guthrie decided against counting the
soldier vote. and Secretary Lawrence and
Treasurer Spriggs were in favor Of it..
As to the legality of the soldiers vote,
we have decided opinion. We believe
it is clearly unconstitutional. We so
believed. last Winter. when the voting
bill was before the Senate. The Consti.
tution expressly says that no soldier shall
vote. Until that clause was amended.
no law to allow soldiers to vote would be
Constitutional. Such an amendment is
now adopted, and hereafter the soldier
vote will be legal. We voted for such
an amendment, two Winters since, and
again, last Winter. But whsn bill al
lowing soldiers to vote was introduced,
before ihs Constitution was amended,
much as we wanted them to have thst
right, we could not, consist emily with
cur oath, vote for it. Thres-fourths of
the members of the Senate and House be-
lieved.as we did, yet they refused to face
the music. They said that there was Q
difference of of opinion, and they would
give the soldiers the bsnefit of the doubt.
But one member Of the House, (Orem,
of this County. voted against the bill,
and but five members of the Senate.
Among the latter was McGrew, the Lieu
tenant Governor elect. But that bill
once passed. we do not believe the Board
of Canvassers had any authority to go
behind the returns. Their duty is to
count the vote as returned to them, and
not to interperet the laws, or decide Con-
stitutional points. The Governor signed
the soldier voting bill, thus indicating
that be believed it to be Constitutional;
now be refuses to count the vote cast
under q law to which he himself gave
vitality, because it is unconstitutional !
1t may be, that in approving the bill,
be was misled by his constitutional
adviser" the Attorney General, but has
since seen the error of it.
But in what predicament is Guthrie
When the bill came before the Senate. it
caused Autter. Many members beliey-
ed it to be unconstitutional, but bad not
the backbone to oppose it. They there
fore referred it to their interpreter of the
Constitution, Attorney General Guthrie.
asking his opinion. It came. He decid-
ed that it was Constitutional-thst the
Constitution did not mean what it said
and he brsnched of into q mixture of
spread eagle stump-speccb, and school
boy composition. all about the brave SOL
diers. 1t was disgrace to q man hold
ing his position, and should have entitled
him to spanking from some old grand.
mother. But the Senate had his opinion,
and gladly acted upon it, thus getting
rid of their own scruples by accepting
his nonsense. After having sent in his
opinion" he made the sage remark:
II guess l fixed those fellows in the SEN
ate They thought they bad me. and
would thrust the responsibility of killing
the bill on me. But I've got them
now J" Last Summer, in laudstory
article 10 the Nsmsha Courier, written
by himself, he referred to the many
opinions he had given. as Attorney Gen
eral, not one of which had beeu~ contro.
verted. Yet here he gave an opinion,
and upon the very first test as to its COR
be decided against it. and that
3 law, passed upon his own recommsn-
istion, was invalid.
Gusherie. the universal opinion is that
7ou received q big fee for this action. from
ome interested party, as you did for sell
ing out On the Kiokapoo Treaty. and
,ther questions. Poor. miserable, sbys-
ering, conte emptibls Gutherie In the
angusgs of your beloved kickspoo. you
are "Nip-po |" You are "ausgsspislt."
{ is time you were emigrating to St.
Joe. Guthrie, farewell Poor st. Joe!
v The Conservative. speaking of
Dan. Adams. says he is Q patriot, who
axes pleasure In serving the Govern.