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

zation rested upon the pretense that
candidate whose opponent has been
declared elected and has received a
certificate, may Notwithstanding that
fact, participate i'm the organization if
he intends to contest, and of course,
according to the dogma before stated,
knows he is elected. / trust this
statement will not be accepted as q
was the only title by which these
men acted i'm the organization of the
Dunsmore House. And none of them
ever did present a contest in the
House. Yet all of these men voted
for Mr.. Martin. And the organization
thus created was solemnly recognized
by the Governor and the Populist
majority i'm the Senate, and was recog
nized as the only House of Represen-
tatives by the Lieutenant Governor in
declaring the election of my opponent
to the Senate. In defense of the pre-
negatives and rights of that organiza-
tiOn the functions of civil government
in this State were Frustrated for
time by an appeal to military force.
In the face of such facts can the
suggestion of good faith be entertain
ed for moment? If such practices
are to be INDUCED i'm i'm the election
OF United States Senators is net there
an end of government by law?
The distinction taken between
members" land "members-elect'' is
well supported by authority. (Citat-
ions are here made::fr from number of
authorities, after which the argument
is continued as follows:)
The technical objections to my title
are:
First. That the Lieutenant Cover
nor had declared the Joint assembly
adjourned before the seventy-seven
members voting for me had voted,
and
Second. That President Douglass
declared that no person had received
joint assembly and that no one was
electad.
The reason for President Douglass
declaration was an error of law. He
assumed that all ''members-electu
had the right to vote whether they
had qualified and taken their seats or
not. But, whatever his reason was,
it is immaterial i'm a contested election
case, for it is legal votes and not de-
claratiOn of result that elect officers.
The declaration of the Lieutenant
Governor was made i'm the face of
fifteen members of the Senate who
had not voted but had demanded the
right to vote before the declaration
was made. 1t was also made i'm the
presence of siXty-two members" of
the House of Representatives who
were likewise demanding the right !
to vote. and was SO made before the
roll of the members" of the House
had been called. Can the Lieutenant
Governor, when the names of enough |
of his partisans have been called to |
elect his candidate, arbitrarily refuse
the votes of other members" present |
and desiring to vote, and thereupOn |
declare an election? The question
answers Itself. If the members |
whom he arbitrarily attempted to
i'm this case could not |
proceed with the ballot under such |
then it would frequent
ly be in the power of the presiding
officer and Governor, by this sort of |
arbitrary action, to seat their candi-
date in defiance of the will of major |
ity OF the electors. That the subse-
quent proceedings taken by the
seventy-seven members was inten-
ded as a continuation of the joint as
sembly cOnclusively appears from the
declaration of President Douglass,
which proceeded on the theory that |
160 legal votes had been cast, of which |
Mr.. Martin had received seventy-six,
had received seventy-seven, and
seven were cast for other parties. |
Hence his declaration that no person
had received a majority of all the
votes cast in the joint Assembly.
In view of all the facts in this case,
and the law governing the joint as
sembly, respectfully insist that
there were 104 votes cast i'm the joint /
assembly, of which received seventy
seven, and was, therefore, duly elect
ed to q seat In the United States Sem
ate from the State of Kansas.
This communication is made to the
because it is invited by
him, and is not designed to be full
Rpd complete argument or presenta-
tinn of the authorities. bearing upon
my title, but it is full and fair pre-
sentation of all the material facts
affecting my title to seat.
All of which is respectfully submit
ted. JOSEPH w. ADY.