The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-01-23
Whitney Retains Seat After In
VestigatiOn by Members.
Not Enough Evidence to Make
the Contest Stick.
A new GAMBLING BILL IS IN
DOerr Introduces Measure to
Make Winners Pay Losers.
Senate Is killing Time and
Wasting Many Words.

The senatorial contest brought by
1. NJ. Mahin, Republican, against w.
C. Whitney, Democrat, was dismissed
by action of the senate today following
the filing Of d report by the elections
committee recommending that such
action be taken. The contest was
brought from the Smith Phillips-Nor-
ton county district.
The report of the committee occa-
stoned considerable surprise among
senators and politicians. No Longer
ago than Monday members OF the
tiecticns committee expressed the
opinion that the contest might con-
tinue thru the whole session anu
might involve a recount OF the w
cast for senator in all of the counties
of the district =
when the report was filed today 1t
merely stated that because of insut-
ficient evidence on the part OF the
,laintiff il was recommended that thS
action be dismissed
Did Not Allow Vote.
Whitney was given the certlllcals
If election and seated at the beSlilIlll7
of the session upon the basis Oh d ma ma
ioritv of eighteen votes A week ~
members of the election commute
announced that in a recount OF tne
votes in one precinct IN Snlth CouIi'y
tWenty-fOur votes IOr MANN nav -
fonnd-votes apparently uncounted At
the time of the election Inns S@N0
Mahin a majority of six votes:
rho committee considered the WEN
.,.-fn,,r votes and it considered th5
Cther evidence. Then it recommendei
a dismissal Of the actlon. 80
vas taken by secret ballot. no olie
r,,en,her admitted knowing how any
n+ber voted But the majority was Tor
The democratic senator and the com
,nittee is almost solidly republican
The Republicans have an oH It,l
,,,belnina, majority in the senate WIFI
out Mahin.
New Gambling Bill.
rrbe Gambler will have no chance at
oil in Kansas if bill introduced IN
the senate today by Senator Docll VI
Pawnee. becomes a law. ,.,.+i.o. tho
He Will not only be violating tue
law when he CANDLES and be liable to
'rrest and IMPRISONMENT but the man
from whom he wins money Will nave
the right to go into court with a civil
action and collect all he lost
The Doerr bill states that following
the assage of the act the person los
ing money in a gambling game in
Kansas will have sufficient standing
in court to sustain an action for re-
Covery,
OF course. the winning gambler will
have the consolation that few losers
are going to squeal and stand the
chance Of being arrested and punished
for gambling. But if the loser wants
TO take the chance and II he wants 10
admit publicly that he has been Gamb-
ling his recourse will be thru the law
proposed by Senator Doerr.
The senate may not know it but it
is playing horse 1t is wasting time,
altho, be it said for the senate 1t mas
the time to waste. 1t will have many
dull hours of waiting before the house
is ready to quit But the senate is
wasting both time and words Dur
ing today's morning session eight bllis
were thrcshed out in committee of the
whole. They were argued from every
ansle-none of them of any great
importance. OF the eight bills five
were reported back to the senate sub
ject to amendment and debate. They
will come up again in the senate and
all the debate that took place in the
committee of the whole may be re-
peated.
one of the bills recommended for
passage was introduced by Schoch of
Shawnee. 1t provides that wills must
be contested within two years after
they are filed for probate. Otherwise
they become binding for all time to
come.
Another bill recommended for pas
sage was introduced by Wilson of
Washington. The only change it
makes IN the present law Is tnat II per-
mitS state banks to buy and sell state,
county, city, township and school
bonds of other states than Kansas. At
present the state banks are limited to
such bonds issued in Kansas while the
national banks have no such limita-
tions The Wilson bill puts the state
banks on a par with the national
banks in this respect.
The bill by Senator Barr of Bourbon
repeating the dog tax low-the law
making a dog personal property.
therefore subject to the ordinary tax
went thru the senate committee of the
whole without an objection. 1t was
recommended for passage. \ few mo-
ments later Senator Doerr of Pawnee
discovered what had happened and
made the request that the motion be
would be subject to further amend
ment and debate in the senate
A bill introduced by Schoch of
Shawnee provides that employers shall
have regular pay days and that once
established they shall not be changed
without two weeks notice to en-
ployes.
Another motion picture bill has been
introduced in the senate-this one by
Carroll of Wabaunsee. Its outstand-
ing feature is the fact that it provides
for no appeal. The bill calls for a
board of three members to be appoint
ed by the governor. the chairman to
draw a salary of $4,000 a year and
the other two members to draw $1,000
each. The fee for censoring films is
81 reel and is to go to the state
treasury to be used in paying the sal
aries and other expenses of the board.