Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1893-02-09

lows:
Resolved, That Ora B. Douglass was
not elected by the voters Of the One hun
bred and twenty-second district as a
member Of this house and is not entitled
to his seat as such member.
Resolved, That John Morrison, having
received the greatest number OF votes
cast for representative by tho voters OF
the One hundred and twenty-second
district, being the county OF Gray, was
duly elected as q member OF this house,
and is entitled to seat as such member.
Respectfully submitted,
A. H. UPPER,
Chairman Committee on Elections.
On motion the rules were suspended,
and the report Of committee and reso-
lutiohs were adopted.
In the face of the above facts Mr..
Douglass holds the certificate Of election,
yet it is the opinion Of this house that
the man who is eligible to the office, and
has received majority Of Is votes, is
undoubtedly entitled to the seat. The
above facts, with many other startling
revelations, can be found upon the jour
nal Of this house Of above date, which
we submit 10 an honest, truth-loving
people.
With reference to the postmaster cases
contested before the house:
Section of article 2 of the constitu-
ton Of this state provides that no men,
Der Of congress or officer Of the United
States shall be eligible to q seat in the
legislature. The supreme court Of Cal
ifornia in the case of Searcy os. Grow,
18th CAL, page III, in passing on sim
liar proposition in which one Grow was
elected to the Office of sheriff, and at the
time Of the election held the United
States office Of postmaster, but resigned
prior to his being qualified and entering
upon the duties Of his Office, The court
uses the following language in defining
the word eligible"
eve understand the word eligible to
mean capable Of being chosen, the sub
ject of selection and choice. The people
in this case were clothed with this power
of choice. Their selection of the candi-
date gave him all the claim to the Office
which he has. His title to the Office
comes from their designation OF him.
But they could not designate or choose
a man not eligible; that is, not capable of
being selected. They might select any
man they choose, subject only to this
exception, that the man they selected was
capable Of taking what they had the
power to give.
"We do not see how the fact that he
became capable Of taking that Office after
they had exhausted their power of
choice can avail the appellant. We do
not see how it can be argued that by the
acts of the candidate the votes which
when cast were Intellectual because not
given for qualified candidate became
effectual to elect him to Office"
1t will be seen that the decision of the
election committee in the postmaster
cases is sustained by higher authority.
Therefore be it further
Resolved, 1, That to avoid reoccur-
renee Of the possibility Of like contro-
versy in the future, it is the sense of
this house that section of srtic , 2 OF
the constitution, which provides that
each house shall be the Judge Of the cleo
ton returns and qualification OF its own
members, which has been handed down
to us as relic Of the barbarous ages and
emblemntic of the great fight between
the commons and the crown, be 30
amended as to permit Of the settlement
Of all contests Of members Of the legisla-
ture prior to the time for their concerning;
leading to which object joint resolution
has been introduced in the house propos-
ing an amendment to section 8, article 2
Of the constitution, so that said section
may read as follows:
"SEoTIoN 8. A majority OF each house
shall constitute quorum, Each house
shall establish its own rules, and all con-
tests as to the election returns and quail
ifcations of the members Of either house
shall be determined in the county or dis
trict In which such election was held IL
such manner as the legislature shall pro
vide"
2. This proposition shall be submitted
to the electors Of this state at the gen
eral election in the year A. D. 1893, for
their approval or rejection. Those vot-
ing in favor of this proposition shall have
written or printed on their ballots "For
the amendment Of section 8, article 2 OF
the constitution" Those voting against
said proposition shall have written OF
printed on their tickets Against. the
amendment Of section 8, article 2 OF the
constitution" Said ballot shall be re
ceived, and said vote shall be taken
counted, canvasaed, and returns thereof
made in the same manner In all respects
as provided by law in case OF the election
Of representatives to the legislature.
J 8. This resolution shall take effect anC
be or forced from and after it's publica
cation in the official state paper.
We therefore, the representatives o
the several districts, the number Of which
is set opposite our respective names, ap
pealing to the Supreme Judge Of tn
world for the rectitude Of our intentions
do hereby solemnly publish the fact
hereinbefore stated to be true histor,
of the organization Of the house Of rep
resentetives and the rights for maintain
ing the same, and hereby challenge al
statements to the contrary.
Dist. Name. Dist. NGmc.
/. Joseph w Howard 62......."S o Everl