People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1893-01-27

at correct legal conclusion, and are
herein stated substantially OF neces.
sity and not in detail.
Upon the face OF the returns the
Republicans elected siYty.tive mem.
bers OF the house, the POpulists fifty.
eight, and the Democrats two. One
Democrat, Mr.. ROsenthal, OF Haskell
county, was deprived Of his certificate
OF election on account OF the claimed
mistake OF the county clerk in trans
posing the votes for himself and
his opponent, Mr.. Stubbs, thus
certifying to the state board OF
canyassers the election OF the latter
in place Of the former. This fraud
was too palpable for the Republicans
to defend, and they made no attempt
to do 10 other than to claim in the
Supreme court lack Of power in the
state board OF canvaSsers to reassem-
BILE and correct the returns. After
the organization Of the house was ac-
complished in part by Mr.. Rosenthal's
rights he was given his seat, thu. re-
ducing the Republican membership
to sixty-fOur, and increasing the Dem
Ocratic membership to three. In the
case of Coffey county, Mr.. Rice, the
P0pulist candidate and Mr.. Ballinger,
the Republican candidate, were certi-
lied by the county clerk to have re-
ceiyed an equal number of votes.
Under the statue it became the duty
of the state board Of canvasserS, upon
notice to the candidates, to cast lots
ind determine to whom the certificate
Of election should be awarded. With
Jut notice to Mr.. Rice or anyone rep
resenting him, the state board of can
vasserS went into secret session and
came out in few minutes, claiming
TO have performed their duty, and
claiming that Mr.. Ballinger, the Re-
publican candidate, had drawn the
lucky number. Mandamus proceed
lngs in the supreme court to secure a
recount Of the vote. in COffey county
we're Intellectual for the same reasons
given in the ROsenthal case, tOwit:
Lack OF power to compel the state
oOard to re-assemble and perform its
work again.
Against several Of the Republican
members, to whom certificates have
oeen awarded, contests have been filed
upon the ground Of illegal miscOuntS
I ballots and bribery by the candi.
dates. In several other instances
pOStmasters had been elected by the
Republicans, and in one or two in.
stances by the POpulists. These post.
masters, it is claimed, resigned after
the election. In one case it Is claimed
ltnat q resident Of Oklahoma had been
elected on the Republican ticket.
Whether these claims, or any OF them,
ire 10 be founded in fact, they were
nevertheless made and it at once
raised the important question, What
Are the rights Of those whose claims
Ire thus disputed TO participate In
TganiZatiOn OF the house and to sit
Is members" From the standpoint
# the POpuliSts it is claimed that
they have no such iyhts. That
II disqualified, they were disqualified
from the beginning; and it was not
sufficient answer to say that If dis.
Qualified the facts should be inquired
INTO by the c0nteSting committee,
made up as it would be Of members
Jf partisan bias, allowing them in the
meantime to participate in the legis-
latiOn and in the election of the Uni.
ted States senator and state printer,
and compelling their constituents tO
90 not only unrepreSented, but ac-
Gually misrepresented, during a large
part Of the session.
Upon the part Of the Republicans
1t is claimed that che certificates Of
election are prima facie evidence of
their right to seats, emitting them to
the privilege of membership until
proven to be ineligible, or not legally
elected.
Except to technical lawyers or un-
fair partisans, the claim of the Pop
ulists must appear the better one,
and so it has been held by all tribu-
mails and in all legislative bOdie.
which have been called upon TO deter.
mine the precise question. An officer
elected to serve the people gets his
commission out of the ballOt-box, and
not from the returning board and this
claim has been steadily maintained
as fundamental principle Of popu-
lar right, and never denied, except by
the brutal Republican majority, dur
ing reconstruction days, when, to re-
tain political ascendancy, it became
necessary to deny it to the people OF
Louisiana, South Carolina and other
southern states.
Then follows a series of court decis.
ions abundantly in support Of the po.
sition taken. The articles closes as
follows:
All the Populists have ever claimed
is the right to have those contest
clses determined speedily, and in a fail
and impartial way, before a fair and
bipartisan tribunal. The republi.
cans to preserve an unjust advantage
upon the strength Of their majority
OF certitcated members. have steadily
declined to accede to this reasonable
request, and out Ofthis difference OF
position and claim Of right, arises the
disgraceful and humiliating spectacle
Of the last two weeks.
Let no citizen of Kansas be alarm
ed lest the validity Of any action eth
er as to the election of officers or the
enactment Of laws be drawn in ques-
tlon on account Of the Populists fail
ing to have in their organization a
quorum Of certificated members.
The question turns not upon certifi-
Gates, but upon majority Of votes.
That question the republicans have
not, or dare not, enter into at this
time. But, If it be found as a fact.
which is all the time denied. that We
do not have quorum OF regularly