The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-11
THIS ONE STAYS.
House Decides to Let Stout Keep
His Seat.
Winner Is an Old Line Demo-
crat, Too.
VOTE is ONE SIDED.
Loss of Ballots Plays a PrOmi-
nent Part.
Party Lines Ignored When De-
ciSiOn Is Made.
VOTE is ONE SIDED.

The house by a vote of 50 to "a
Wednesday evening decided the BroiI-
1er-Stout contest from the Stevens
Morton district in favor of Stout, the
present incumbent and a Democrat.
Only twenty-four out of the IS Re-
publicans on the floor voted for Broil-
Ter the Republican contestor.
The contest hinged upon two propo-
sitions, the disappearance of the bal
lots from Harmony township in Stew
ems county and the counting of an
identified ballot for Broiller by the
elections committee after it had been
agreed beforehand that all identified
ballots should be thrown out. Stout's
majority, as certified up to the secre-
tary of state was four votes. Broiller
was given one vote majority by the
majority report of the election COM
nittee.
AS in the case of the Finlay-C Crosby
contest OF the day before, when the
Democrat was seated, there were two
reports from the election committee.
q majority and minority report. Nor
rison and Penwell, the two Demo-
cratic members, and Crumley, Repub-
Hcan, signed the minority report,
while the Republicans of the commit
tee recommended the unseating of
Stout in the majority report.
Morrison of Neosho moved as a sub
stitute to the motion to adopt the ma
5ority report that the house adopt the
minority report and supported his
claims by a mastery speech. The
Neosho man was born on the Emerald
isle and was proud of the fact He
came up smiling. he said, after being
run over by the bandwagon the day
before. He had a better case today
and believed that the majority would
listen to the voice of justice. He set
forth clearly the contention of the
minority of the committee and was
given close attention by the Republi-
cans of the house. In summing up the
situation he said: 1.-THE committee
agreed to throw out all identified bal
lots and. then counted a ballot for
Broiller that had been marked with an
x in the square under the mo Nomi-
nations" column. This was the ballot
that he had delivered the goods. AS
for the missing ballots from Harmony
township, cannot see how this house
can turn down the count of the Stew
ens-Morton election boards and coun-
ty commissioners of all the ballots and
then accept the recount OF the major
ity of this house committee of a part
of the ballots and unseat a member
on the strength of the latter proceed
ing
Crumley. Republican. of Thomas,
carried the day for Stout, Democrat,
when he took the floor in defense of
the minority report. He was question:
ed by his own party mem bers, but
stood to his guns in great shape.
A Democrat had been ousted the day
before by the counting of doubtful bal
lots and here was another Democrat
facing the same situation and the doubt
was still greater than in the previous
case. The broad minded and fair Re
publicans of the house did the wise and
just thing when they decided that the
burden of proof rested with the con-
testor and that he had not proved his
case beyond a doubt. Allen, Mitchell, |
buchanan, Stone. Lehman, Mercer. Nor
nf oT76 Fhn-
came out hatfooted and voted for Stout
to retain his seat. The stand taken
yesterday by these men might have
been hard on Jerry Broiller. but it was
a move calculated to strengthen the
Republican party of this state and
show the country at large that all this
talk of a square deal has not been vain
boasting and idle circumstance. The
roll call vote to accept the minority re-
port and keep Stout, Democrat, in his
seat stood as follows:
Yeas-AIlen. Ashcroft Beckett. Bon
nett, Boyd Brown, Buchanan, Burke of
ford. Cron, Crumley, Davis of Bour- |
bon, Darling, Deacon, Eadie, Edwards, |
Ely, FEEDER. Fehr, Flagg. Flanagan, |
Foley. Francisco. Grabbe. Gray, Griffin.
Harmon, Harbaugh, Hines, Hopkins of
jackson, Howard, Hutchison Jewett
of Lane. Johnson, Kelly. Keraus,
E<uoni, Lander Landrey, Laubach,
Lehman. Lennen, Loofbourrow. Louder
l.
Meek, Mercer, Miller. Mitchell. Moore |
Morgan of Hodgeman. Morgan of Reno. |
Morris, Morrison, Morton of Clay, Nor
ton of Osborne, Newlin. Parker Phil |
lips. Ravenscroft, Rhodes of Anderson
Rhodes of Marshall, Rogers, Schaum-
burg, Sekavec, Snyder. Stannard,
Stockton, Stone of Shawnee. Stone of
Sherman. Veatch. Walker. Westgate.
White. Wood. Yoxali Total. 81
Nays-Banker Berke of Jewell
Brighton. Dryden. Clark, Clay. Cline,
F'inlay Dennis. Guilbert. HaSkin Hop
kins of Finney, Jackson, Jewett of
Sedgwick. KrehbieI Lambertson. Pyle, |
Reeder. Rich. Sch1itching Shielder,
Shoemaker, Watson, Westcott. Total,
a.
Cowley and Davis of Kiowa played
rabbit and refused to vote. It was evil
dent that many Republicans voted for
party simply and solely because it was