Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1893-02-09
J. w. Hair vs.. John W. Davis.
From House Journal, Tuesday, January
"a, 1898.

uSbQhyY ObuuuIB
"a, 1898.
Chairman Lupfer, of the committee on
elections, submitted the following report
and resolution, which we're read the first
time:
MIR. SPEAKER: am instructed by the stand
ing committee on elections to make the follow
ing report of facts which have been laid before
and come to the knowledge of your committee
touching the right of John W. Davis to a seat in
this house, as representative from the Ninety
fourth representative district embracing tho
county Of Kiowa.
By the returns in the Office of the secretary
of state, the said John W. Davis is shown to have
received I01 votes and J. W. Hair received 500,
leaving said Davis o majority of SO votes for the
Office.
An affidavit, made by Willis Il. Smith before
and duly certified by W. D. Eastman, Esq, notary
public, of said Kiowa county, on November %,
1892, has been laid before your committee, in
which the af1lant states as follows:
ION or about the 9TH day of November 1892,
John W. Davis, then q candidate for representa-
tive of Kowa county, paid afiiant So to vote for
him Davis at the election on the 9Th day of
November, 1892; that afiiant accepted the 50 with
the understanding that the 81 was paid to him
as the consideration for his vote, and with the
understanding that affiant was to vote for him
Davis on the 9Th day of November"
Another affidavit has been laid before your
committee, made by Joseph Derby, before said
notary public, on the Dist day of January. 1885,
duly certified, In which the afiant states as fol-
lows:
a ~ TIL.
W. Davis, then a candidate for representative
of Kiowa county, came to atfianta lat his residence
and offered alta Mt 81 to vote and work for him
at the election which was tn come of on the sth
day of November, 1892, which So attiant refused
to accept, aud that Davis insisted that he should
accept it, and put the 81 into atlantis vest
pocket, and affiant took the money out of his
pocket and returned it to Davis"
Within thirty days after the declaration of
the state board Of canvassers, said j. w. Hair
prepared and signed a statement and notice to
said ]. W. Davis, recitng that he Hair being a
qualified elector in Union township, in said
Kiowa county, would contest before the house of
representatives the right of said Davis to a seat
as representative of that district on the grounds
among other-that he had given some of the
electors who had voted for him, and had offered
to give to sundry other electors voting at the
said election, brides and rewards in money aud
other things of value, for the purpose Of pro-
curing his election to said Office, which grounds
of contest specified In said notice were duly veri-
fed by the affidavit of ]. W. Hair, made De-
cember 81, 1892, before ]. T. Garfield, a notary
public of said Kiowa county, who duly certified
tho same
1t is shown to the committee by the affidavit
of said Hair, that said j. W. Davis had left his
usual place of residence, taking his family with
him, and had so absented himself that his
whereabouts could not be ascertained, leaving
his usual place of residence closed. A copy OF
said notice was therefore by the sheriff left at
the Office Of said j. w. Davis, in said Kiowa
county, on the 2lst day of December, 1892, said
Davis being an attorney and having a regular
law Office and place of business in the county,
and notice was on the next day fled in the Office
of the county clerk of said Kiowa county, who,
under his Official seal, has certified copy OF the
same and of the Endorsement Of the sheriff
thereon, to this committee, and the same is now
before us.
The aforesaid facts, in the opinion Of your
committee, juctify and warrant an Investigation
by this house as to the charges Of bribery and
other charges embraced in said afIidavits and
sworn notice of contest; and your committee
submit for the consideration of this house the
following resolution in relation thereto:
House Resolution No. 25.)
RESOLVED That the committee on elections be
instructed to speedily inquire into the evidence