The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1893-11-03


get there"
Take the four republican postmssters.
In each case they held the Office until 3
short time before the meeting Of the
legislature and for some time after cleo
ton, and any one who viii examine
Msine, California and other cases cited
cannot believe other than that the per-
son who held postofice at the time of
his election is not entitled to q seat in
the legislature. The constitution (sec-
ton s. provides that 'nO member of
congress or officer Of the United States
shall be eligible to seat in the legis-
Esture. If any person after his election
20 the legislature be elected to congress
or elected or appointed to any Office
under the United States, his acceptance
thereof shall vacate his seat" A person
holding the Office Of postmaster after his
election is in no better condition than
e he should be appointed after such
election. Besides, we have republican
precedent in the Kansas house of repre-
Bentatives of 1865 The house then con-
sisted of sevsnty-seven members. In
November, 1864, Johnsthan Foster and
Joel Moody were the candidates for rep
resentstive in Woodson county. Foster
received So, Moody 45 votes. At the
time of the election Foster was pest
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:
E'Mr. Speaker, the committee on cleo
lions beg leave to report as follows in
the case of Johnathan Foster and Joel
Moody in the Sixty-third representative
district, in the state of Kansas, in
favor of admitting Joel Moody to seat
m this house. ROBERT BIDDLE,
Chairman"
The report of house journal shows
that SO voted to seat MIR. Moody and IL
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 unssat Mr.. Foster and |
to seat his opponent, Mr.. Moody, on the |
ground of his having been a postmaster |
at the time of his election: Jacob Stot- |
Ter. James M. Harvey, afterwards gov
ernor, Cyrus Leland, Jr., Doniphan !
county, Ed Russell and many others.
Joel Moody is still a prominent rapub- |
hcan and was state senator from Linn |
county in 1890. bnt we ind presidents
only good when they are made in the in
terest of the republican party, at least /
as construed by the republican courts in |
the state of Kansas.
In Morris county Mr. Richter claimed |
to be elected by majority. 1t was
shown by the testimony of Mr.. Bailey.
one Of the judges OF election, that Mr..
Thomas, a republican judge, changed |
the ballots by taking a Peoples party I
ticket out Of the ballot box, holding it |
under the table and droppingit, and then
taking q republican ticket and handing
it to the next Judge who read it aloud
to the clerks. He states in his evidence
that from seven to twenty votes and |
possibly more, were changed from the
Peoples party to the republican ticket
by this Judge in this fraudulent way.
6. W. Campbell testified that Bailey
said to Thomas: ST want you to quit
changing those tickets" Mr.. Thomas
said: 81 am not changing them"
Bailey said: "You did; / saw you. There
is another ticket lying there folded mp"
Mr.. Thomas hesitAted awhile and then
said that he folded it up to throw at the
boys. Mr.. Campbell also testified that
the ballots taken out of the box as Pop
ulist were changed by MIR. Thomas for
republican tickets and counted for Mr..
Richter. It was also shown conclusively
that seven illegal votes had been cast for
Mr.. Richter, the republican candidate.
This was done prior to the meeting of
the legislature and there was no ques-
tion but White was the legally elected
representative from Morris county.
In the jackson county matter OF Shell
Ienbarger against Kline, it is shown that |
there were two representative districts in
jackson county; that the city of Holton
being city of the second class was
township within itself; that it, prior to |
It's organization as city OF the second /
class, was part in one township and part |
in another; that in appOrtioning said |
districts in 1890 the city of Holton was
not included in the district in which Mr.. |
Ehellenbarger and Mr.. Kline were caudi- |
dates. Mr.. Shellen berger received ma
icrity Of seventy five in the district as |
outlined in the legislature of 1890, and |
the city of HOlton can just as easily be |
included in the other representative dis |
tFict in that county as the one in which |
Kline and Shellenbsrger were candidates. /
So there seems to be no doubt about !
ShellsnbRrger being entitled to seat as /
= member Of such house.
In the Grav county case, where it was |
returned to the county CLERK that Doug |
lase, republican, bad received 259 and /
Morrison, Populist, pa votes the judges in !