The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-07

withdrawing from the race. The com
mittee report was as follows:
Mr.. Speaker: We, your committee
have had under consideration the above
named contest and beg leave to make
following report:
Having heard the evidence and the
/ argument of counsel IN the case, and ex-
amined all ballots in question in said con-
test case, find that no frauds appear in
evidence in the case; we further find that
a majority of the ballots were cast for
the said ". II. Scott; that all ballots ex-
amined 10y your committee We're placed
under two classes. Class one, were bal
lots upon which the stamp were used
Glass two, were the ballots upon which
a lead pencil was used in voting. We
| further find that it was clearly the inten-
ton Of a majority Of the voters in this
election that ". II. Scott be their rep
resentative.
I'VE have further examined the law
and find line of authorities supporting
either contention. From the authorities
bearing upon this contest and from the
facts in the same we report TO this house,
with the recommendation that this con-
test be dismissed
Mr. Atherton's surprise was born Of
the necessities Of the case, and was az
! follows:
House Of Representatives, Sixth Legtsla-
tive Assembly:
Guthrie. Oklahoma, Fen. s, 1901.
s P. Anterior. Contestant. vs. William
H. Scott, Contestee:
$780,, - - r, ,,,,+as+e,+ { D Athe~
ton, in person and by his attorney, John
Embry, and files this, his dismissal of the
contest proceeding, now pending before
this house, wherein he contests the seat
Of William H. Scott, as representative
from the Sixth district, and prays that
the house win make all proper records
and orders showing such dismissal
S. P. ATHERTON, Contestant.
JOHN EATBRY. Attorney.
Explanatory Of his course Mr.. Atherton
then filed the following explanation by
his Sttorney;
Guthrie. Oklahoma, Feb. c, 1901.
Mr.. Speaker: In presenting the mo-
ton Of Hon. S. P. Atherton for the dis
missal Of the contest case against the
Hon. W. Fl. Scott, of the Sixth district,
/
by the consent of Mr. Atherton, and ne
desires me to give to the house as his
reason therefor, that, Notwithstanding
the fact that he believes that he was
legally elected yet the determination of
this matter has been SO long delayed that
one half Of this session has expired. dur
ing which time, the contestee has acted
as the representative of the said district
and Mr.. Atherton believes that the legis-
lative matters in which his district is in
terested have, at this late day, taken such
form that it would be embarrassing to
him to be called upon to in any way
interrupt the course of things; and fur
Their that if mistakes have been made
he does not desire to assume the respon-
sibiIity therefor, neither does he desire to
change the position Of his district on
any meritorious legislation The contest
ant has directed me further to express
to this house, his sincere thanks for the
exhautive examination made of the cleo
ton returns and for their careful and
courteous consideration Of the matters
and things pertaining to this contest.
JOHN BNBRY. Attorney.
In the committee of the whole the fol
lowing bills were disposed Of:
House Bill No. 123 by Mr.. Campbell.
an act TO amend section 80, chapter Is,
sessio nlaws of 1897, entitled fees and sal
aries, and fixing the salaries Of county
treasurers according to the population Of
thei irrespective counties. was killed. The
biu provided for a substantial raise and
the house is dad sot" against increase
of salaries.
Hous Bill No. 70, by Mr.. Brewer, an act
to regulate the practice of Osteopathy in
the territory of Oklahoma declaring the
same not TO be the practice Of medicine
0 rsurgery, and fixing a license fee of IS
for the practice thereof, was made
specia lorder for February H.
House Bill No 10. by Mr.. Campbell,
an act to prevent the practice Of hypno-
tisc, Mesmerism. and other kindred prac-
tees. was placed in trance from which
it win never awaken.
The following bills were introduced:
House Bill No 81, (substltuted) by Mr.
Wood An act relating to libel and SIAN
der.
House Bill No. 1853, by Mr.. Wood. an act
relating to procedure and practice in
courts and for other purposes.
House Bin No. ITO, by Mr.. Woods, an
act to amend section IS. chapter s, Of the
session laws Of 1897. relating to convey
ances. and legalizing certain detective ac-
acknowledgements.
When you feel bad take Hoods sarsa-
parlla- It win make you decidedly bet
ter.