Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-12-08
RAFFLED OFF THE OFFICE.
How the Republicans Got the
Lower House In Kansas.


4 Disputed Etection Determined by
Drawing Lots and the Republican
Won--The Action Declared Unconsti.
tutionnl.
TorEKA, KAN, Dec. Elm spite 81
the advice Of Encouragement Ives
TINT sucha course was unconstitutional,
the state board Of canvassers determined
to decide the Coffey county legislature
tic by lot Attorney general Ives
Populist) thefeupon withdrew from the
session, stating that he declined to be d
party to rafting anybody into the legis-
lature. This left the Republicans in
charge, and they at once ratified their
man into the office. This gives the lie.
publlcans control of the lower house OF
the Kansas legislature.
The drawing was held under the pro-
visions Of chapter SO, section 39, of the
revised statutes, which reads:
If any two or more persons have an
equal number of votes for any state Office
or for member of the Senate and House Of
Representatives and u higher number
than any other person, the state canvasscra
shall proceed to determine hy lot III the
presence OF the candidates which Of the
two candidates shall be elected.
There is section in the state consti-
tution prohibiting lottery in any form
or the enactment Of laws incorporating
one. The opinion of the attorney-gen-
eral was that the election law was clear
viOlationo of the constitution.
The state board of canyassers CON
sisted of the five elective state officers,
only one of whom, the attornev-geneml,
was fusionist. The others were Re-
publicans. Until the Coffey county tie
was decided the lower branch Of the
legislature stood, Republicans, GO;
Democrats and Populists, 60 Tie one.
Two years ago there was n tic in tile
Marion county legislative district, and
il was decided by drawing numbers
from hat in the presence OF the CON
testants. The Republican won, but the
Peoples party legislature seated the
Populist.
In deciding the Coffee county tie, the
board of canyassers refused to cast lots
IN open session and elected all spccta-
tors from the room. The Populist at
torney- general, having given it as his
opinion that the law was unconstitu-
tional, refused to participate in the
drawing and the Republicans on the
board had everything their own way. A
hat was placed on the secretary of states
table containing ~ slips of paper. One
of the slips was marked "Rcpublican,"
and another "Populist," aud 16 were
blanks. According TO Auditor lIovey,
Secretary Of State Higgins turned his
back to the hat and, reaching behind,
drew the cuts. The first eight cuts were
blanks and the ninth had the word ERE
publican" written on it. Tho board,
without further ceremony, declared
5ollinger, the Republican candidate, en-
titled tothe certificate, and the secretary
Of state was instructed to make ii out
forthwith.
by the decision the Republicans have
control and, Of course, will organize the
lower house unless the threats of the
Populists to adopt heroic measures are
carried out. The Populists and Demo-
Gratis still have a clear majority Of two
on joint ballot, and four Democratic
members hold the balance of power.
In an interview with the World CORE
spondent tonight Attorney general Ives
said: Il hold that the law authorizing
the casting of lots is unconstitutional.
There is u constitutional remedy to de-
clare no election, aud then have the
governor call special election. don't
know whether that could be done now
or after the legislature meets"
Breidenthal Of the populist central
committee, would not say what course
his party would pursue. "'lhere is no
question about our ability to elect u
United States SENATOR" he said. You
can say also that we will organize and
control the lower house. How, ! do not
care to say at this time, but the Peoples
party is not built of the kind of stuff
which will permit an open robbery TO
be perpetrated on it.
Governor Humphrey made the follow
ing statement for publication; "Attor-
ney.gencral Ives seems to have mistaken
the duties Of the canvassing board. They
are not Judicial. The proper place to
test the disputed section of the election
law is the supreme court. We could
only do rs the law directed us. II hap
pened thai the Republicans gotit. The
drawing was conducted fairly and
according to law, The legislature will
no doubt mass tlpOn this Casr -