The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-07
SITTING
MEMBERS
SUSTAINED
Scott and Phelps Remain in
the Legislature,
REPORT OF COMMITTEE
Shows Exactly Why They Are
Legal Representatives.
REPORT OF COMMITTEE

Guthrie, o. T.. Feb. "a short session
character.zd the work in the lower
house today. the main features being the
disposal Of the two contests pending
Alberto nagainst Scott, in the Sixth, and
wales against Phelps in the Tenth dis
tricts. Both the sitting members were
confirmed in their seats. The report Of
the committee in the Wales-Phelps case
being as follows:
'1Ir Speaker: We, your committee ap-
pointed to hear evidence and decide the
issues Joined in said contest case, beg
leave to make the following report:
STATEMENT OF FACT
The facts shown by evidence introduced
+ are as follows:
.'That the said contestee, Walter i.
i Phelps became a resident OF the territory
+ Of Oklahoma about the 10th or nth day
/ Of November 1893; that he continued to
reside ia the town Of Norman Cleveland
county from that date; that ne was nom
I mated on the Democratic ticket for the
! Office Of representative Of said Tenth dis
trict in the year 1900; that at the election
held on the 9Th Gay of November, 1900
/ he received a total Of 500 votes in the
said district.
THAT the contestant J. G. Walls was
a resident Of the county of Cleveland
and territory Of Oklahoma for several
years. prior to the year 1900; that he was
nominated for the office Of representative
party, and at the election held on the 9Th
day Of November 1900. received total Of
$50 votes.
The allegations for the contestants are
as follows:
'T'irst-That the said Phelps was not
resident Of the territory Of Oklahoma
the required length Of time to be quail
fed for the office Of representative.
Secondhand he secured his election
by undue and corrupt influence.
your committee quote as matter OF
law that while the said Phelps had not
been a legal resident of the territory Of
Oklahoma for the period of one year on
the 6th day Of November. 1900. he was
lega resident at the time of the Issuing
Of the certificates Of election to him, and
at that time he was sworn in at the
convening of the Sixth legislative assemb-
~ on the Sth day Of January, 1901.
THE precedent established by the con-
gress Of the United states IN seating per-
sons who have received a majority of the
votes IN their district as soon as the dis
ability has been removed. has been es-
tablished and followed in that body for
years The constitution Of the United
States requiring q person to be of the
age Of q years before he IS eligible to
become a member Of congress: persons
have been elected to that office who have
rot attained the required age at the con-
vening Of congress, and who have sub
sequently been seated upon attaining that
age Our statutes being peculiar in its
wording in defining the qualifca tons OF
a member OF the territorial legislature
does not use the words election days
but the words. when chosen" that a
member Of the legislature must have
been a resident of the territory Of Ok
lahoma for the period Of one year before
the time that he is chosen"
your committee believing. as mat
ter Of law, shat he is not chosen until he
receives his certificates Of election, and
in that event, the contestee, Mr.. Phelps.
had been a legal resident Of the territory
Of Oklahoma for the period Of one year
next preceding the date Of said certif- /
cate
"The committee further concludes, as a /
matter Of law that IL the said contestee,
Mr. Phelps, was disqualified from hold
ing the oflce of representative. that the
next highest. contestant, Mr.. Walls,
would not legally be entitled to said Office
i'm this assembly instead Of Mr. Phelps.
A large line Of discussion being to The e.
feet that the person receiving the highest !
number Of votes being disqualified. it /
docs not elect the next highest candidate.
Your committee having arrived at this
conclusion we deem It best that the said
contestee retain his seat rather than that
the district should not oe represented /
during thesession.
we therefore recommend the dismissal /
If the contest proceedings Instituted by
the SAID j. c. walls against the said
Waiter l. Phelps"
The committee had prepared a report IN /
the Atherton-Scott case, but surprise /
was sprung by Mr.. Anterior voluntarily /