Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1892-12-08
Political Lottery.

of representatives for the ThIrty-sec
ond representative district in the
county OF Coffey, L desire to file the
following protest:
It appearing from the face of the
returns that L. @. BaIlinger and o.
NJ. Rice each received an equal mum
Der OF votes for the Office of repr
sentative of the Thirty-second repre-
sentative district IN the county a
Coffey at the election held Novemb,
s, 1892, and higher number Of vote
than any other candidate voted for 1.
that election. I am of the opinion
that there was no choice and that the
result creates a vacancy to be fille0
by an election by the people of said
d strict. The constitution OF th'
state of Kansas, section L article
provides that all elections OF the PEG
pie shall be by ballot. And section
of article 1 OF the constitution pro
vides that the executive department
shall consist of a governor, Lieutenant
governor, secretary of state, auditor,
treasurer, attorney general and super
intendent of public instruction, VIII
shall be chosen by the eject ors Of th'
state at the time and place Of voting
for members of the Legislature, clearl!
Indicating that members of the legis
lature are to be selected by Il vote O
the people.
Section 2 of article 1 OF the constr
tuition of the state provides. That al
ter each election for state officers,
canvass of the votes shall be made
and the result proclaimed, and in cast
any two or more have an equal and
highest number of votes for any state
Office, the legislature shall by joint
ballot choose one of said persons SO
having an equal and highest number
of votes for said Office.
Section of article 2 of the consti-
tuition provides, That all vacancies
occurring in either house shall be
filed for the unexpired term of cleo
tion. The legislature IN carrying out
the provisions of the constitution in
Par. 26SS provided in all elections for
the choice of any officer, unless other
wise expressly provided. The person
having the highest number of votes
for any office shall be deemed to have
been elected to that office It also
provides in Par. 1896 that the state
board of canyassers shall meet at the
Office of the secretary of state on
Monday preceding the last Wednes-
day in November next after the cleo
tion, and shall upon the certified alb
stracts on file in the Office of secre-
tary of state proceed to examine and
make a statement of the whole num-
Der of votes cast for various Offices =
- and shall determine what
persons have been by the greatest
number of votes duly elected to such
offices, or either of them. The legis-
lature has further provided by Par.
2697 of thestatutes that if any two or
more persons have an equal number
of votes for any state Office, except
governor or lieutenant governor, or
for said members of the senate and
house of representatives and a higher
number than any other person, the
state canvassers shall proceed to de-
termine by lot in the presence, of the
candidates which of the two candi-
dates shall be elected, giving reason
able notices TO candidates, etc. This
last section was enacted in 1868, and
is an amendment to the law of 1862
which did not contain the exception
of governor and lieutenant governor
The section, IN my opinion, is IN di
rect conflict with the plain terms O
the constitution of the state, IN that
first. that it provides for the deter
mining of tie vote upon certain
state officers by lot, which the consti
tuition plainly provides can only b
determined by joint ballot of the leg
islature. The people of the state il
their constitution have ordained tina
members of the legislature shall b
elected and have ordained that cleo
tons by the people shall be by bal
lot The Legislature has provide,
that the person having the highes
ppmber Of votes for any Office sha