The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-30
NOT IN DISTRICT.
LeavenwOrth Republicans Make
Novel Claim.

Leavenworth, Kas., Jan. 30.-The SUI
preme court will, in all probability. be
called upon to decide whether Shawnee
county is legally part of the First
congressional district The preliminary
steps in the matter were taken Friday
when Chairman E. d. Lysle served
legal notice on Arthur CaOper, chair
man of the First district Republican
congressional committee, and also upon
William l. Biddle. secretary of the
committee of a formal contest upon
the delegates from Shawnee county
sitting in the convention in Holton
Tuesday. The paper served on Mr..
Capper is as follows:
II hereby give notice to you, as chair
man of the congressional committee.
that we desire form ally to protest
delegation from Shawnee county to
participate in ana sit as delegates in
the First district congressional conven-
ton in Holton for the following rea-
son. to wit:
IN 1891 the Fifty-airst congress of
the United States passed an act en-
titled: An act making an apDOrtiOn-
ment of representatives in congress
among the several states under the
eleventh census, being chapter 116,
Vol. &c U. S Statutes at Large, p. 735.
By the first section of that act, Kansas
| is given eight members in congress 1t
is provided by section 4 of that act
that:
d" In a case of an increase in the num-
Der of representatives which may be
given to any state under this appor-
| tionment such additional representative
or representa- shall be elected by
the state at large, and the other repre-
sentatives by the districts now pre-
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 repre-
sentatives thereof shall be elected from
Il
til such state be redistricted as herein
prescribed by the legislature of said
state
The state Of Kansas has not been re-
districted since the passage of that act
but in 1897, by chapter So session laws
1897, page 49, an act was passed en-
titled: An act to amend sections 2 and
5 Of chapter 1 of the session laws OF
1883, being an act providing for the
/ appOrtiOnment of the state of Kansas
/ into congressional Districts approved
! March 5, 1888 By this act no attempt
/ is made to redistrict the state as pro-
vided by the act of congress, but sim
! ply an attempt is made to change the
| boundaries of the First and Fourth dis
tricts. BY section 1 Shawnee county is
made a part OF the First district, and
i this is clearly a violation of the fourth
section of the act of congress, which
/ provides that:
"'And the other representatives by
/ the districts now prescribed by law until
the legislature of such state in the man.
ner here in prescribed shall redistrict
such state
'There can be no question that Shaw
nee county is not, and has never been
a member Of the First congressional
district, and that it has no right to par
tieipate in a convention called for the
| purpose of nominating a member OF
congress from the First district
! kindly acknowledge receipt of this
communication. Very respectfully,
e. D. LYSLE,
Chairman Leavenworth County Dele
catio,7