People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-10-06
A Letter From Representative Dou-
Bleday.-WhO Can Vote.

EDITOR NOICE:-Ihe opinion OF I
Attorney General Little published in
your issue Of Sept. %. is, in my opin-
ion, calculated to mislead many vo-
tiers. Decisions Of the Supreme court
are supposed to be law until reversed
by a subsequent decision. Let us
now examine into the findings of the
Supreme court upon this question
during the legislative trouble last
winter.
NJ. B. Chrisman received a certif-
cate as a member-elect from the 5lst
representative district (Chautauqua
county, Section /, article > of the
constitution of Kansas declares mo
person shall be a member of the leg
islature who is not, at the time of
his election qualified voter of and a
resident in the county or district
from which he is elected" April p,
1892, said Chrisman under oath filed
his soldiers declaratOry statement.
No. 6O4, in the KingfSher L. S. land
Office for the following land: Lots s.
9 and 10 and W quarter of W GUAR
ter of section % and lots and 6 sec.
%. township is north, range s west,
and on the 18th day Of July, 1892,
said ChriSman transmitted said SOL
dier'S declaratOry to homestead en-
try on the same land and in his home
stead affidavit, among other things,
SwOre
That my said application is hon
eStly and in good faith made for the
purpose of actual settlement and cul-
tiyation and not for the benefit of
any other person, persons or corpora
tiOnS and that | will faithfully en-
deavor to comply with all the require
mentS OF laws as to settlement, resi-
dence and cultivation necessary to
ACQUIRE title to the land applied for"
On the 10th day of December said
ChriSman made and filed the follow
ing affidavit:
U. S. Land Office, Kingfsher, o. T..
December 10. 1892. Morton B. Chris
man, being duly sworn on oath saws:
lie is the same person who made
homestead entry, No. S759 on lots s,
and 10, sw quarter of sw quarter
section % and lots ) and 6, section %.
township Is north, range s west.
July Is, 1892 at Kingfsher, o. T.
That he has built on said land one
and One-half story frame dwelling
house l4x26 feet, dug well, broke
out ten acres of ground and that all
OF his Improvements are of the ag-
gregate value of about two hundred
dollars, that he has established his
personal residence on said land and
has resided thereon since December
!, 1872, to the present time: that his
wife is quite old and in feeble health
ana to remove from her present home
In ChautauQua county, Kansas, to his
homestead at this season of the wear.
would endanger her health. and that
he has corn crops in the field to be
gathered and other matters at his
OLD home in Kansas that demands bis
personal attention during the winter
months and until the opening of
spring. Afliant asks that leave of
absence be granted him for eight
months, to July 10, 1893, at which
time he desires to return, with all OF
his family and resume his residence
on his lands. His present poStoffice
address is Juanita, Chautauqua cOun-
ty, Kansas.
MORTON B. CHRISTIAN.
Subscribed and sworn to before me
this 10th day of December, 1892.
SEAL PC. HUGHES,
Notary Public
The above affidavit was corrob
GRATED by Isaac ChriSman and NJ. d
ChriSman of Dover, Kingflsher cOun
ty, o. I. All of the papers werC
properly certified to by W. NJ. Stone
commissioner of the general land of
flee and are made evidence both By
federal and state enactmentS.
This was brought before the Su
pre'1e court and yet that court helC
that Chrisman was a legal membeI
of the legislature and counted him il
order to give the Douglass house /;
quorum on the day of organization.
This being a later decision thar
the one referred to by the ATTORNEY
general the Republicans will undoubt
edly take advantage Of it and plac,
the POpulists to great disadvantage
After making a homestead entry
tne party mas SIX months In which Il
move upon the land and during thai
period he may conclude not to NOV,
upon his homestead, but to forfeit
his entry; in that event no one woulC
insist that he lost his residence il
Kansas.
We should also observe the diStinc
tion between the rulings of the de
partment in regard to what consti
tutes a settlement upon public land
and our state laws governing the
right of suffrage.
The department has held that tn,
driving of stake upon the lanC
claimed is sufficient to hold the lane
under the meaning of the law in rela
tiOn to settlement, while such an ac