The advocate and Topeka tribune., 1893-02-01

already mentioned, and it will be seen
that Mr. Morrison received an actuRl
majority Of 13 votes in his county and
district.
House Resolution No. 80 reads as fol-
lows:
Resolved, That Ora B. Douglass was
not elected by the voters Of the One hun
dred and twenty-second district as q
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 the voters of
the One hundred and twenty second
| district, being the county OF Gray, was
duly elected as member of this house,
and is entitled to seat as such member.
Respectfully submitted.
A. q. LUPFER,
Chairman Committee on Elections.
On motion the rules were suspended,
and the report of committee and rsso-
iutions 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 13 votes, is
undoubtedly entitled to the seat. The
above facts, with many other startling
revelations, can be found upon the jour
nal OF this bouse of above date, which
we submit TO an honest, truth-loving
people.
With reference to the postmaster cases
contested before the house:
Section Of article Of the constitu-
tion of this state provides that no mezn-
Der Of congress or officer of the United
States shall be eligible to seat in the
Legislature. The supreme court Of Cali
ifornia in the case of SeRrcy Us. 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"
1--WE understand the word eligible tk
mean capable Of being chosen, the sub
| iect OF selection and choice. The people
in this case were clothed with this poWee
of choice. Their selection Of the cand
date gave him all the claim to the off s
which he has. HIS title to the off q
comes from their designation OF 2
But they could not designate or che g
a man not eligible; that Is, not capable 81
being selected. They might select any
man they choose, subject only to this
erceptSon, that the man they selected was
capable Of taking what they had the
power to give.
ave do not see how the fact that /
became capable OF taking that Office aft6
they had exhausted their power
choice can avail the appellant. We
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
tehectue1 to elect him to Office"
It will be seen that the decision of ths
election committee in the postmaster
cases is sustained by higher authority
Therefore be it further
Resolved, /, That, to avoid reoccuT
renee Of the possibility OF like Contrf
versy in the future, it is the sense
this house that section 8 OF article
the constitution, which provides th
each house shall be the judge OF the sIet
ton returns and qualification OF its ow
members, which has been handed dow
to US as Q relic of the bsrbRrous ages an@
emblemetic Of the great fight betWeeIs
the commons and the crown, be s.
amended as to permit Of the settlemers
Of all contests Of members Of the IegisI 6
turs prior to the time for their c0nOenSg
leading to which object q joint resoluti
has been introduced in the house pro- !
ing an amendment to section 8, artia 3
Of the constitution, so that said see
may read as follows: e Z
"SECTIoN 8. A majority OF each
shall constitute quorum. Each s. 5
shall establish its own rules, and al
tests as to the election returns and % &
ificstions Of the members of either hS "
shall be determined In the county OF Z
trict In which such election was ne q
such manner as the legislature shal .
vide" - 2
2. This proposition shall be subm 3: g
to the electors of this state at the e :
eral election in the year A. d. 1885. a.
their approval or rejection. Those =
ing in favor of this proposition shall b 3
written or printed on their ballots 't :
the amendment of section 8, article z
the constitution" Those voting agE g
said proposition shall have writes. g
printed on their tickets Against
amendment of section 8, article OF /
constitution" Said ballot shall be
ceived, aud said vote shall be take
counted, canvsseed, and returns ther
, made in the same manner In all TespeS
as provided by law in case Of the electiG
: of representatives to the legislature.
8. This resolution shall take effect ens
J be eL forced from and after it's publica
] cation in the official state paper.
We therefore, the representative Q
the several districts, the number OF whicl
!. is set opposite our respective names -
pealing to the Supreme Judgs Of th
world for the rectitude of our intentions
do hereby solemnly publish the facs
hereinbefore stated to be true hlsboE
| of the organization Of the house of reE
) ressntatives and the rights for maintair
4 ing the same, and hereby CHALLENGES Q
: atatensessts to the contrary.