The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-05-21
TROUBLE AHEAD.
Change in Boundaries of First
and Fourth Districts
Is Pronounced Illegal by j. G.
SlOnecker.
WOULD LEAVE CURTIS
Out of the Race if So Decided
by the Courts,
As Nomination is Already Made
in His Old District.

A discovery that may cause trouble
for the congressional nominees in the
First and Fourth districts has been
made by ]. G. Slonecker of Topeka
The discovery is that the changing of
the boundary lines of the First and
Fourth congressional districts by the
last legislature was illegal and that the
districts must remain as they were be
fore the legislature passed the law
Congressman Charles Curtis was nomi-
mated in a district in which he does not
live and H. S. Martin and J. NJ. Miller
are the nominees in the original Fourth
district. While this will make trouble
for Curtis it practically assure the cleo
ton of Mr. Miller.
In discussing the matter Mr. Sion
ecker said: I have thought all the
time that the change in boundary lines
of these two districts was illegal. [
suggested the matter to Mr.. Curtis
when he was at home after the law was
passed but he did not seem to think I
was correct. Later investi legations
caused me to believe that the law can
not be sustained
The law of congress making the ap-
pOrtiOnment of representatives in con-
gress, based upon the eleventh census
was approved February Z, 1891 1t pro-
Vides that the house of representatives
shall be composed of $50 members and
apporUonS them among the several
states, giving Kansas eight. Section 5
of the act provides for the election of
representatives by districts composed
of contiguous territory, containing as
nearly as practicable, an equal mum Der
of inhabitants.
Section of the act is as follows:
That in case of an increase in the
number of representatives which may
be given to any state under this appor-
tiOnment such additional representa-
tive or representatives shall be elected
by the state at large and the other rep
TPSRntariVAg
scribed by law until the legislature of
such state in the manner herein pre-
scribed, shall redistrict such state, and
If there be no increase in the number
of representatives from state the rem
resentatiVeS thereof shall be elected
from the districts now prescribed bv
law until such state be redistricted as
herein prescribed by the legislature of
said state
The law passed by our legislature
makes no attempt to redistrict the
state 1t simply changes the boundar-
les of two of the districts. Under the
apporuonment Kansas was granted an
increase of one member of congress md
the law OF congress specifically provides
that In such case the additional repre-
sentative shall be elected by the state
at large and the other representatives
by the districts now prescribed by law
until the legislature re1istricts the
state. As there is an additional repre-
sentative granted to the state. no re-
dlStricting bill would comply with the
act OF congress which did not estab-
fish district for each representative
TO which the state, by law, is entitled =
MI Slonecker says that in the event
that the law is declared invalid it will
mean that the vote Of Shawnee county
can not be counted in the First district
and the vote of Pottawatomie can not
be counted in the Fourth
Chief Justice DOster was seen and
asked his opinion of the law but refused
TO give it He said that he is familiar
with the law but as the question may
come before the supreme court he de-
cnned to tell what he thinks about it
II this construction of the law holds
Sooa the erect will fall as hard on H
;. Martin, the fusion nominee for COW
sress IN the new Fourth district as on
any one as he was instrumental in hav-
.LIS the law passed so that a fusionist
might be elected to congress- in tbe
Fourth district
rms discovery may explain why John
N1auOeh suddenly concluded that he did
not want to be a candidate for con-
gress. AOA S0ii-