The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-12-20
CONGRESSMAN HAsRELL,.s sue
TECQ0P

Kansas City journal: 4 question In
regard to the territory which shall elect
Asuccessor to Congressman Haskell has
been raised in Kansas, and 1t Is asked
can the new man he elected from the
old Second district? The subject IS not
surrounded by any serious doubts The
laws of the United States provide clearly
for the situation. 1t would be contrary
to the ordinary rules of procedure to
suppose that the election of successor
TO Mr.. Haskell should belong to others
than his old constituents, and unless the
legislature of Kansas has provided 9th
erwlse it will be the duty of the govern
or to call new election in the old dis
trlct.
AS the new districts are arranged it
would be impossible to hold an election
that would not exclude some of Mr..
Haskell's old constituents and include
others who have already voted for a
member in other districts.
There is no vacancy in the delegation
at large. 1t was provided that four
members should thus be elected. and We
can see no way in which the law can be
construed to allow the election of fifth.
Section 90, of the revised statutes of
the United States provides as follows:
The time for holding elections in any
state or territory for a representative or
delegate tn fill vacancy, whether such
vacancy is caused by failure to elect
at the time prescribed by law, or by the
death, resignation or incapacity of
person elected, may be prescribed by
the laws of the several states and terri
tories respectively.
1t will thus be seen that the question
of vacancy is met by this statute. and the
state may provide for the details of the
election.
Section 3. chapter 90. of the laws
passed by the Forty seventh congress.
making this new congressional appor-
tiOnment, provides as follows:
That in each state entitled under this
apportionment the number TO which
such state may be entitled in the Forty
eighth and each subsequent congress
shall be elected by districts composed
of contiguous territory, and containing
as nearly as practicable an equal num-
Der to the representatives 10 which such
state may be entitled in congress, no
one district electing more than one rep
reSentative. Provided, that unless the
| Legislature of such state shall otherwise
provide before the election of such rep
resentatives shall take place as provided
| by Law, where no change shall be hereby
made IN the representation of q state,
the representatives thereof to the Forty
eighth congress shall be elected therein
as now provided by law II the num-
Der as hereby provided for shall
be larger than Il was be this chaaee,
then the additional representative or
| representatives allowed 20 said state
under this app0rtionment may be elected
| by the state At large, and the other rep
| resentAtives 70 which the state Is en-
| titled by the districts as now prescribed
! by law in said state; and, If the number
hereby provided for shall in any state be
less than il was before the change here
/ by made, then the whole number to
such state hereby provided for shall be
| elected At large. unless the legislatures
/ of SAID states have provided Or shall 9TH
law for the next election of representa-
tiVes therein.
It will be seen that the law provides
for the district and at large congression-
al elections unless the state shall other
wise direct, and in the case in point
nothing remains To do except call the
election TO nil the vacancy. We believe
no contrary provision has been made by
tho state.
| The procedure is made complete by
the constitution OF the United States, ~
article one. section three. which says;
i "Where vacancies happen 10 the repre-.
aeniat,on from any state, the executive
aHtkorIly thereof shall issue writs oil
election 70 GIL snch yacancles.p
| IN Missouri the auestlen was laaeIy
settled by the election Of 4 suceassnr q