People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-07-14

counted Out TWO years prior by the
same board, were suspicious as well
as cautious. The chairman of the
state central committee adopted
a plan by which the township central
committeeman would send to him
the exact vote as taken from the DOL
books, signed by the clerks, which
gave him the exact vote as soon as
the mails could bring them. So our
folks knew who were elected, but
when this canvassing board met they
issued certificates to ten Republicans
who were not elected, making sixty
three certificates to Republicans and
tifty-eight to Populists, the sixty.
three being the exact number to Or
ganize the house. Mr.. Stubbs, a Re-
publican member, one of the ten who
was not elected, but received a GER
titicate, proved himself to honest a
man to accept it, and would not take
part in the fraud. This reduced
them to sixty-twO and they dare not
try to organize the house with sixty
two, as prearranged. So something
else must be done. The board meets
agail and discovered a tie vote be-
tween Mr.. Rice, POpulist and Mr..
Ballinger, Republican. The next
move or star chamber act was to clear
the room, lock the doors and proceed
to draw or some other kind of lottery
to settle the tie. As a matter of
course, the Republican was the lucky
man. The second canvass of The
vote showed that Mr.. Rice had one
majority.
The action of the board was illegal
and no one denies it. The law re-
QuireS the contestants to be present.
Neither was present. Their designs
were certainly evil, or they would
have allowed the same to be per-
formed in public and above board.
This gave their proper number. So
they adjourned. 1t seems to me that
in case three or four more of the Re-
publicans who were not elected, had
refused to accept their certificates,
they would have found some means
by which they could be replaced un-
til the immortal sixty-three would
stand fire.
Article s Of the constitution says
THAT the members of the legislature
are persons who receive the greatest
number of votes"
The law creating the canvassing
ooard says the member is the person
who receives the certificate. 1t has
been held by all courts that any law
that conflicts with the constitution
is not a law, or null and void. The
question or turning point on that
memorable day was, who are the
members, the persons elected or the
ones who received the ready made
certificates? Shall the constitution
be trampled under foot or shall the
canyassing board law, which is uncon-
stitutiOnal, be respected? The Re-
publicans claimed a legal house and
the Populists claimed constitutional
house. There is another maxim in
law which is as old as law itself which
is, 'any fraud" violates the entire
proceedings, which it is connected
with. Taking these latter views,
formed the basis Of the Populist ac-
tion. The plain frauds, virtually ad-
mitted, was the issuing of the certifi-
cate to Stubs, when the returns be-
fore the committee showed that Ros-
enthal was elected; they admitted
the same, but would not change it;
the illegal drawing Of lots in the case
Of Rice and Ballinger, when Rice had
one of majority.
The seating of a Republican, who
is and was a citizen of Oklahoma,
also issuing certificates to six persons
who were postmasterS, which is also
contrary to the constitution, and
many similar actions demonstrated
and proved to our folks that they
meant to steal the house at all haz-
ards. The Populists claimed that 10
persons of either side who had con-
tests filed should participate in the
organization, which was certainly
fair and is precedent established BY
the q. S. senate. We offered to place
all the contests, with the proof, the
returns, the witnesses, ETC., before
three men, Judges Foster, Allen and
Horton, but they refused, being two
Republicans and one Populist. We
then offered to leave it to Allen and
Horton and they pick third man,
which was refused. By the refusal
of these more than fair propositions,
by the contemplated frauds mention
ed;insults, abuse, ETC.. patience and
fOrbearance ceased to be virtues and
the POpulists concluded to organize
the house.
With all these facts before us and