Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-10-11
DeGeer Resigns.

Several days ago County Attorney
DeGeer wrote to the attorney general
for his opinion regarding the citizenship
OF those who have taken land in the
Strip. The nature of the answer was
such that Mr.. DeGeer deemed 1t proper
TO Immediately resign his office, and ac-
cordingly did so Saturday before the
commissioners adjourned. By virtue
OF his Office. however, he has acquired
a knowledge of the cases to be prosecut-
co IN the coming term of court, and the
commissioners have employed him to
as sist for the state. The criminal
| docket is large this year. including the
McQninn murder trial. OF this case
there can be no doubt but that Mr.. De-
Geer is the best equipped for conduct
ing the prosecution. as he is in posses
sion of all the facts relative to the case
which haye so far been obtained.
The judge will appoint DeGeer's sue
cessor to act as prosecuting attorney in
| the next term.
Following is the letter received by
Mr.. DeGeer from Attorney General
Little. which will be interesting 10 all
as it covers most of the points arising
from the subject:
TOPEKA, Kan, Sept. 80, 1893
HON. L. w. DEGEER, Co. Attorney,
Medicine Lodge, Kan.
DEAR SIR:-In the case of State VS..
Pierce the briefs for both sides are al
ready filed. and as you have tried the
case in the court below and know SO
much more about it than we do, it
would be very gratifying to us to have
you appear and argue the case here, but
II you cannot be on hand we Will pre-
| sent the case i'll the best manner pos
sible.
think your first proposition is COW
cred by my opinion before. 1t is imma-
terial where a mans wife lives, who
Tiles on claim in the Strip. If he filed
ON claim and intends to return there
after the election, Notwithstanding all
| this time his wife may reside in Kan
sas, lie will not be a legal voter at the
determines the domicile and not the
wife. If the husband filed on claim
and intends to return to the claim after
election he will not be legal voter IN
Kansas this fall. 1t is immaterial
| where his wife lives.
Your second question, if man takes
land in the Strip under the second
method which refer to, by filing on it,
and then comes back to Kansas and re-
lies On the six months given him by the
law to make his residence there, and if
during this six months he intends to re-
turn to the land, at the expiration of
the six months he will not be a legal
voter in Kansas. AS | said in the opln-
ION it is his intention which determines
his residence. When he filed on the
land and came way Immediately, if he
| intends to return at the end of six
months and complete his title he will
not be legal voter here this fall, al
though he may have spent the entire
six months III Kansas living with his
| family.
Your third question, if a man goes
upon land, locates, measures it aid
plants stake on it with his name and
aScertainS the number, then files and
leaves and does nothing more towards
completing residence on it, but if he
intends to return TO that land at the ex-
plration of six months and complete his
title, he is net resident of Kansas and
Will not be entitled to vote, notwlth-
standing he has lived the entire six
months in Kansas with his family. AS
L said before, the residence of his fam
lily cuts no figure in the case. The
mans intent determines his residence.
Very truly yours,
JOHN w. LITTLE,
Atty. Gen.