The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-30
PORTER is SEATED
Senate Voted for Him Today,
% to 10.
Two Senators Refused to Vote
on Motion.
STANTON LEFT THE CHAMBER
Porter Was Sworn in at Once
by West.
Story of Contest as Shown by
Committee Report.
STANTON LEFT THE CHAMBER

The senate this afternoon, by a vote
of 2S to 10, unseated Stanton, Socialist
from Crawford county, and put Porter
Republican, in his place. Maine OF
RawIins and Milton of Wyandotte re
fused to vote. Porter was sworn
in at once by Justice West and took
his place in the body. Stanton lett
the room as soon as the vote was ta-
ken.
The senate also voted to pay Por-
ter salary, postage and mileage from
the beginning of the session.
The galleries were crowded with So
cialists and the floor of the senate
chamber was packed with spectators.
The result of the vote was received IN
dead silence, neither friends or enc
mics of the Socialist senator making
any demonstration of approval or dis
appreciation.
The roll call vote was as follows, the
yeas to unseat Stanton:
Yeas-Carey, Carney, Denton, Hines,
Howe, Huffman, Kinkle, Klein. Lam
bertson, Logan, Mahin. Mcmillan,
Nighswonger, Overfield, Paulen, Pauley,
Price of Clark. Price of Greenwood,
Shouse, Simpson, ,Stavely, StillingsTrott,
Troutman, Waggener, Wilson of Jetfer-
son, Wilson of Washington Wolff.
Nays-Bowman, Davis, Gray, Joseph
King, Meek Nixon, Stanton, Sutton,
Williams.
Not voting-MaIone, Milton.
The vote was taken without debate.
Resolutions passing the senate We'd
nesday afternoon provided for roll
call at o'clock after giving the sena-
tors an afternoon, evening and morn
ing to read the 215 pages of evidence
laid on their desks by the state print
or the day before.
The senate chamber and galleries
were crowded when the vote was taken.
The Socialists wearing their red badges
filled a section of the galleries behind
the presidents chair. They came to
Topeka from all parts of the state to
watch the progress of their only men,
ber in the senate.
According to the judges returns of
the last election November 8, Fred w.
Stanton, of Mulberry, received 3,S24
votes and E. F. Porter, 346l votes for
the election of state senator from the
Ninth district including Crawford
county. This gave Stanton a major
ity of 363 votes over the ex-senator
from Pittsburg. Stanton is a Socialist
and Porter a Republican
In the latter part of December at
torneys for E. F. Porter had collected
evidence and served a contest notice
on the Socialist who was successful at
the polls. This contest was carried to
the elections committee of the senate
under the chalrmanSh1p OF william NJ.
Price, of Greenwood county.
The committee after hearing the evil
dence which took two weeks of their
spare time from legislative sessions, a
vote was taken among the members
and the ballot was unanimous in dec
1aration that Fred W. Stanton should
be unseated and E. F. Porter placed
in the Crawford county chair in the
senate.
In a 10 to 10 vote before the senate,
decidedly Lieutenant Governor ingalls,
1t was decided to postpone action on the
committee report and have the evil
dence printed for the benefit of the
entire senate of forty members At a
cost of 5000 the state printed a book of
215 pages giving the entire argument
for perusal.
The senate adjourned Wednesday af-
ternoon, January %. until o'clock
this afternoon and all committee meet
ings and caueuses were placed at rest
by the president of the senate, that
the entire body might study the evil
dence of the contest case.
The vote at o'clock this afternoon
was taken on roll call without debate
as provided in a resolution by Sem
ator Gray, of Osborne county.
Sensational Charges.
The evidence of the case as printed
in the brief before the senate shows
that voters came over from across the
Missouri line to vote for Stanton, that
voters took the official ballots home
with them and there received aid in
marking them for Stanton, that one
precinct voting place was moved bodily
to a Socialist hall after the official
designat ton had been maintained by
the sheriff, that in one precinct intoXi-
eating liquors We're sold within a few
feet of the booths, that electiOneering
and marking of ballots was carried on
10 fIo
Judges made no attempts in many pre-
cincts to stop illegal voting, that scores
of aliens voted declaring that some day
they intended to become naturalized
and that at one place the polls were
not open until o'clock
The contestee, Fred w. stanton, has
refuted most of the evidence produced
bv Porter. He denied that the can
vassing board erred in counting ball
lots, that the voting place was moved
that voters from outside the state
voted that aliens cast their vote for
him. that fraud and corruption was
used in aiding his election, that mem
hers of the Socialist party electioneer-
marked in the homes of the voters and
that election officials were guilty of
In his brief Stanton declares he was
legally elected state senator from Craw-
ford county, asks that the contest
case be dismissed and that the state
reimburse him for the attorney fees
and costs in the case.
The elections committee recommend
ed that the entire returns of six pre-
cincts in which evidence was taken
should be thrown out The vote was
/ OBS for Stanton and 2s7 for Porter
in this district. This would give Porter
a lead az nearly 400 votes over the
Socialist who now occupied the seat in
the senate.