The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-10
| OUT He GOES.
Josiah Crosby Loses His Seat in
the House.
Crack of Party Whip Is Used
With Effect.
ONLY SIX REBELS.
These Republicans Refused to
Support Colleagues.
Case Hinged on Proper Marking
of Ballots.

There were "a Republicans. 40 Demo-
Gratis and one Independent in the house
of Representatives Republican ma
| jority of forty-three over all This was
| not enough. however, for all working
purposes, so the Republicans threw out
a Democrat, Crosby of Cheyenne and
| seated Finlay in his place. making
their majority over all the round num-
Der of forty-four.
Crumley of Thomas, Fehr of Reno,
Eadie of Greeley. Mccormick of Craw-
ford. Stone of Shawnee and Veatch of
Washington were the Republicans who
refused to be governed by politics in
the matter. Lennen of Ness, the only
Independent in the house. voted for
Crosby and the Democrats, to a man,
lined up for the representative who
had been declared elected in Cheyenne
county by the election boards and
county commissioners of that county.
The election committee made two re-
ports, majority and minority report.
The former prevailed. The unseating
of Crosby hung on the proposition as
to whether or not six ballots were to
be counted for Finlay or thrown out.
Samples of these ballots were dis
tributed over the house. The Repub-
licanS held that they were legal ballots
and should be counted for the Repub-
lican contestant. But how any man
not gifted with divine powers could de-
clare with certainty the intention of the
voters in this case is hard to see. The
ballots were marked with a cross in
the circle at the top of the Repu blican
ticket. thereby showing that the voter
was a Republican but he scratched his
ticket in fearful and wonderful man
ner. He placed crosses opposite the
names of the Republicans for whom
he wished to vote and also placed these
crosses opposite the names of many
Democrats. He did not place any cross
opposite the name of Finlay. He voted
for Independents on the ticket but as
the name of Crosby did not appear on
the ballot at all he did not write it in.
However there was nothing in the bal
lot or under it or around 1t that 1ndi-
Gated with certainty that he wanted to
vote for F'inlay. In fact, he did not
vote for him. But Finlay is a Repub-
lican. he needed those ballots to win,
and as the Republicans were in ma
jority in the house he did win. To an
Impartial observer it looked like a case
of grand larceny under the polite and
formal guise of party politics and q
technicality of the law. The party
wills it. Long live the party.
Three hours were consumed in ora
tory and argument before the deed was
done. Morrison of NeoSho opened the
ball for the Democrats. He is MEM
Der of the election committee and
signed the minority report. He quoted
law and added logic and iustic, but he
spoke to the winds
Reeder, of Doniphan, tried to show
that the majority of the. committee
could do no wrong. Mitchell of Doug
las, capable of better things, arose and
cracked the party whip. Ryan of Brown
apologized for his part in the transac-
ton, but argued the law must where
the party drives.
PenweH of Shawnee. who had signed
the minority report of the committee,
made strong and manly appeal for
Crosby. the man who had been de-
clared elected by his county. Veatch OF
IL, vii I, %I1O INxa-f
talk of the day. This man Veatch is
a Republican but he is something else
besides that when sitting on jury as
a representative Of the people. He said
he was guided by the evidence in the
case and therefore could not in COM
mon decency count these doubtful bal
lots for any man; They should be
thrown out, he said, and that act would
keep Crosby in his seat. Foley of Rice,
closed with a powerful speech in which
he demanded justice. Our own Stone of
Shawnee, asked that party lines be
obliterated in such a case as this and
that the members judge impartially be-
tween the two contestants with an eye
to the evidence and the facts rather
than the politics of these two men.
But the Republicans answered the roll
call as though it had been Gabriefs
trumpet and Crosby was thrown out
into utter darkness.
1t would not have been quite SO bad
had there been a close vote in the
house. Then the majority could have
urged the excuse good of the party.
hut with over 40 votes to spare there
was no call to unseat Crosby on the
strength of a half dozen doubtful bal
lots.
Another Democrat is due to walk the
plank today-Stout of the Stevens Nor
ton district, whose seat is contested by
RroiIIer, Republican. A majority report
has been prepared against Stout by the
election committee. The people of the
Morton district found that
Stout had been elected, but the election
committee of the house of representa-
tives at Topeka found out differently,
even if the ballots from one township
did not come to their hands when they
recounted the ballots. 1t does not ap-
near necessary to have all the ballots
in a recount, only enough to answer the
purpose.
A treat is in store for the house
Thursday evening at o'clock when the
glee club of the Quindaro college will
give a short programme for the benefit
of the members. The young negroes
from this institution are said to be fine
musicians. Besides instrumental music
a uuartette will sing such sweet old
songs as Annie Laurie" Kentucky
Home and 1.-The Bridge"
Bills in the House.
Bills introduced in the house Tues
day afternoon:
H. B. No. 7S9. By Westcott-An
act providing for the stay of execution
in certain cases.
H. B. No. TAO. BY Westcott-An