Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-02-01
]. w. Hair VS.. John w. Davis.
From House Journal, Tuesday, January
"a 1898.

From House Journal, Tuesday, January
"a, 1898.
Chairman Lupfer, of the committee on
elections, submitted the following report
and resolution, which were read the first
time:
MR.. SPEAKER: I 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 seat in
this house. as representative from the Ninety
fourth representative district, embracing the
county of Kiowa.
By the returns in the Office of the secretary
of state, the said John W. Davis is shown to have
received 4O1 votes and J. W. Hair received 1863.
leaving said Davis majority of go votes for the
Office
An affidavit made by Willis L. Smith before
and duly certified by W. D. Eastman, Esq, notary
public of said Kiowa county, on November q,
1892, has been laid before your committee, in
| which the aff1ant states as follows:
"On or about the 9th day of November, 1892,
! John w. Davis, then candidate for representa-
tive of Kiowa county, paid afiant So to vote for
him Davis at the election on the sth day of
| the understanding that the 81 was paid to him
| as the co" sideration for his vote, and with the
| Un0erSta.. IL that atflant to vote for him
| Davis on the Sth 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. 1893,
duly certified In which the affiant states as fol-
| lows:
ION the LIST or I'd dav of November, 1892. John
W. Davis, then candidate for representative
| of Kiowa county came to afhant at his residence
and offered affant 81 to vote and work for him
| at the election which was t. come off on the sth
Gay OF NoveIap e lI9a. WHicn - aant refused
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 statement and notice to
said j. w. Davis, reciting 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 and
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 J. W. Hair, made De-
cember 81 1892 before J. T. Garfield notary
| public of said Kiowa county, who duly certified
the 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 al
the Office of said j. W. Davis, in said Kiowa
county, on the Dist day OF December, 1892 sale
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 YOU
committee, iu,tify and warrant an investigation
by this house as to the charges of bribery and
other charges EMBRACED in said affidavits 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.)
Resoired That the committee on elections be
instructed to speedily inquire into the evidence