The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-07-14
WHICH Is SENATOR?

The REGISTER is in receipt of a
pauphlet, with the compliments OF
Hon. j. w. Ady, stating the grounds
of his contest for the seat in the Unit
ed States Senate now occupied by
Hon. John Martin. The first part of
IL is used to state the facts concerning
the Senatorial election. These have
already been published in the REGIS
TER. The second part is devoted to
an argument upon these facts, and we
herewith present it in full, believing
we could give our readers of all par
ties no more interesting matter:
"My petition for a contest in this
case presents two propositions:
First. That Hon. John Martin was
not elected to fill the unexpired term
on Hcu. 2. b. Plumb, ending March 4,
1896. .,
Second. That was elected for said
unexpired term.
In support of these propositions L
desire to call attention to the fact,
first. that if all elect, "
those who have not signified their &C
ceptance of the office to which tney
were chosen by identifying them
selves with the House, as well as the
members who have taken their seats
i'm the House," were entitled to vote
i'm the Joint assembly. then there were
I6O legal votes cast in the joint assem-
bly. of which Mr.. Martin received
sevenSy-six, received seventy-seven,
and seven were cast for other parties,
no person received majority and
therefore there was no election. Thus
Mr.. Martins title fails. Second, If q
ssmember-eIect." who has refused to
accept the seat in the House to which
ne is elected. and who at the time OF
the Joint assembly has no intention OF
accepting his seat in the House can
not 90 in and vote as member OF the
House at the joint assembly, then
there were 1O4 legal votes cast at that
Joint assembly, of which ] received a
ity-seventy-seven votes and
was therefore elected.
There is no defensible theory on
winch the title of my opponent can
rest 1t does rest OH the twenty-four
votes h. received from the Senate,
the two votes he received from the
House of Representatives and the six.
Nv votes he received from The Duns-
more House.
The mere statement of these facts
presents the striking solecism in gov
eminent. 1.-THE Legislature consists
of the Senate and House OF Represen.
tatives. A large majority OF MI.
Martins votes were received from
third body, the Dunsmore House. Ii
was not the House of Representatives.
II was not a de fdcto House of Repre-,
senLa.ives, for q legal, constitutional,
de facto and de jure House of Repre-
sentatiyes was then organized ana
holding its regular sessions ID Repre-
sentative Hall at the State capitol.
But it had illegally assumed to e1et-
else the functions Of the House of Rep
resentatives and was therefore o revo-
Iutionsry body.
Can the members of such body
vote in joint assembly for United
States Senator? II they can, by what
authority? Under what law? The
iaw of Congress provides that The
Legislature of each State
shall on the secopd Tuesday after the
meeting and organization thereof pro-
coed to elect a Senator in Congress"
Each House shall openly, by rsUd
poce vote of each member present,
name one person for Senator in Con-
gress." "At twelve o'clock NJ. of the
day following the members
of the two Houses shall convene in
Joint assembly" If no person has
heeR elected in the separate proceed
dngs al the two Houses 1.-The joint as
sembly SHAH then proceed to choose,
f,v a riuo soce WSze- of each member
present, a person Gor Ssaaatt99r." This
fIEes what bodies shall Xq4@, is
ddhe 1--we Houses" 1t declares ThQ!
shall Constitute the joint assembly.
1T is 1.-THE members of the two Hous-.
esq 1t declares who shall be electors
in the joint assembly. They are