People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-11-03
L EOHLES VOICE

In each case they held the Office until 8
short time before the meeting Of the
legislature and for some time after cleo
ton, and any one who will examine
Maine, California and other cases cited
cannot believe other than that the per-
son who held postoffice at the time of
his election is not entitled to a seat in
the legislature. The constitution (sec-
ton s. provides that mo member OF
congress or officer of the United States
shall be eligible to q seat in the legis-
lsturs. II any person after his election
to the legislature be elected to congress
or elected or appointed to any Office
under the United States, his acceptance
thereof shall vacste his seat" A person
holding the Office cf postmaster after his
election is in no better condition than
il he should be appointed after such
election. Besides, we have republican
precedent in the Kansas house OF repre-
ssntstivss of 1865. The house then con.
sisted Of sevsnty-seven members. In
November, 1864, Johnathsn Foster and
Joel Moody were the candidates for rep
resentstive in Woodson county. Foster
received Sc, Moody 45 votes. At the
time Of the election Foster was pcJt
master at Bellemont, in Woodson county.
Mr.. Moody contested Fosters election
and claimed the seat on the sole ground
that Foster was ineligible on that &C.
count, and the committee on elections
to whom was referred this contest, re-
ported as follows:
"Mr. Speaker, the committee on cleo
tions beg leave to report ss follows in
the case Of JohnRthsn Foster and Joel
Moody in the Sixty-third representative
district, in the state Of Kansas, in
favor Of admitting Joel Moody to seat
in this house. ROBERT BIDDLE,
Chairman"
The report Of house journal shows
that SO voted to seat Mr.. Moody and II
against. This may be found on page 76
Of that journal, and the following are
some Of the leading republicans of TO-
day who voted to unseat Mr.. Foster and
to seat his opponent, Mr.. Moody, on the
ground of his having been postmaster
at the time Of his election: Jacob Stot
Ter, James M. Harvey, afterwards gov
ernor, Cyrus Leland, Jr., Doniphsr
county, Ed Russell and many others.
Joel Moody is still prominent rspub
hcan and was state senator from Linn
county in 1890, bnt we ind precedentS
only good when they are made in the in
terest OF the republican party, at least
as construed by the republican courts ir
the state Of Kansas.
In Morris county Mr. Richter claimed
to be elected by s majority. It wal
shown by the testimony of Mr.. Bailey
one of the judges OF election, that Mr.
Thomas, 8 republican Judge, changed
the ballots by taking q Peoples party
ticket out Of the ballot box, holding il
under the table and droppingit, and theI
taking q republican ticket and handing
it to the next Judge who read it slouc
to the clerks. He states in his evidenc'
that from seven to twenty votes anC
possibly more, we're changed from th,
Peoples party to the republican ticke
by this Judge in this fraudulent way
G. W. Campbell testified that Bale,
said to Thomas: 81 want you to qui
changing those tickets" Mr.. Thoms
said: II am not changing them.
Bailey said: "You did; | saw you. Their
is another ticket lying there folded 10.
Mr. Thomas hesitsted awhile and the
said that he folded it up to throw at tn
boys. Mr.. Campbell also testified tina
the ballots taken out Of the box as Por
ulist were changed by Mr.. Thomas 70
republican tickets and counted for MI
Richter. 1t was also shown conclusivel
that seven illegal votes had been cast 70
Nj. Richter, the republican candidate
This was done prior to the meeting G
the legislature and there was no ques
ton but White was the legally electe
representative from Morris county.
In the jackson county matter of She
lenbsrger against Kline, it is shown tbs
there were two representative districts
Jackson county; that the city Of Holto
being city Of the second class was
township within itself; that it, prior
its organization as city of the secon
class, was part in one township and pa
in another; that in spportionipg sal
districts in 1890 the city OF Holton ws
not included in the district in which M
Shellenbsrger and Mr.. Kline were cand
dates. Mr.. Shellenbsrger received a M
jority of seventy Eve in the district
outlined in the legislature Of 1890, ar
the city Of Helton can just as easily
included in the other representative di
trict in that county as the one in whiC
Kline and Stellenbsrger were candidate
So there seems to be no doubt sbov
Shellenbsrger being entitled to seat
member Of such house.
In the Grav county case. where it W
returned to the county cler& that Dou
Lass, republican, bad received 259 al
Morrison, Populist, IA votes the judges