wholly fails to show that correct returns of the legal vote cast in said township would have changed the result of said election, and fails to show that any fraud or irregularity was committed by the judges and clerks of election in said township which would warrant the rejection of the entire vote of said township or any part thereof. A. C. T. GEiger. S. H. ALLEN, A. M. HARVEY, Of Counsel for A. C. T. Geiger. Before the Senate of the state of Kansas. In the matter of the contest of John R. Hamilton against A. C. T. Geiger to contest the election of said A. C. T. Geiger to the office of judge of the seventeenth judicial district of the state of Kansas. Now comes the said A. C. T. Geiger, and, appearing specially for the purpose of this motion only, moves the Senate to dismiss this proceeding upon the grounds and for the reason following, to wit: First. That the Senate has no jurisdiction of the subject-matter of this contest or of any controversy relating to the election of a judge of said district, because the constitution of the state of Kansas expressly confers all the judicial power of the state on "a supreme court, district courts, probate courts, justices of the peace and such other courts inferior to the supreme court as may be provided by law," and vests the legislative power of the state in a House of Representatives and Senate; that the Senate is not a court inferior to the supreme court, but one branch of the legislative department of the government, with no judicial powers except those expressly conferred on it by the constitution in cases of impeachment and to judge of the election and qualification of its own members. Second. Because the Senate has no jurisdiction of the person of A. C. T. Geiger as contestee. S. H. ALLEN. A. M. HARVEY, Of Counsel for A. C. T. Geiger. A. C. T. GEIGER. The president of the Senate announced that the hour had arrived for the Senate to repair to the House of Representatives for the purpose of electing a United States senator, as provided by law. The Senate, at twelve o'clock M., preceded by its president, secretary, and sergeant-at-arms, repaired to the hall of the House of Representatives. JOINT SESSION. The president of the Senate took a seat beside the speaker of the House of Representatives and called the joint assembly to order, and announced that the hour fixed by law for the convening of the Legislature of the state of Kansas in joint assembly for the election of a United States senator had arrived, and directed the secretary of the Senate to call the roll of the Senate. The roll was called. The following senators were present and answered to their names: Branine, Buschow, Caldwell, Carpenter, Chaney, Codding, Conrad, Crum, Findlay, Fitzpatrick, Fulton, Gabriel, Henley, Householder, Hurrel, Kennedy, King, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Porter, Simons, Smith, Sponable, Stewart, Tapp, Vincent, Ward, White, Wright, Wulfekuhler. The senators absent were: Allen, Cubbison, Fullington and Peterson. A quorum present. The president of the joint assembly then directed the chief clerk of the House of Representatives to call the roll of the House. The roll was called. The following gentlemen were present and answered to their names: Messrs. Adair, Adams of Butler, Adams of Sedgwick, Baird, Ballard, Barnd, Beeson, Betts, Bevington, Billings, Bowman, Brandon, Broadbent, Brown of Brown, Brown of Labette, Bucklin, Campbell of Bourbon, Campbell of Meade, Chandler, Daugherty, Dolley, Dunn, Einsel, Emmons, Enright, Farris, Finley, Fisher, Focke, Francis, Friar, Galle, Godshalk, Goebel, Griffin, Hale, Harris, Hawkins, Hayden, Heusel, Hill, Hollenbeck, Honnell, Hugos, Hunter, Hutcheson, Husey, Jeffries, Jenks, Jensen, Johnson of Sheridan, Jones of Gove, Jones of Norton, Jones of Trego, Keith, King of Lane, King of Ottawa, Kinkel, Kinnison, Kirkpatrick, Kirtland, Kramer, Langfield, Laughlin, Leland, Lewis, Linton, Lockwood, Lynn, Martin of Morton, Martin of Woodson, McIntire, McKee of Clay, McKee of Marshall, McLaughlin, Mead, Mendenhall, Miller, Murdock, Mustoe, Nation, Nixon, O'Donnell, Parish, Peck, Perkins of Leavenworth, Perkins of Wyandotte, Pollock, Pralle, Robbins, Roughton, Sarbach, Schermerhorn, Schlyer, Schmidt of Geary, Sharp, Sims, Smith of Thomas, Speer, Starr, Stavely, Tannahill, Tatum, Taylor, Tipton, Tucker, Von Trebra, Waggener, Watkins, Weldon, Whistler, Williams of Shawnee, Williams of Stanton, Wilson, Woodhouse, Wyckoff, and Mr. Speaker Pringle. Gentlemen absent were: Messrs. Barker, Burke, Crocker, Evans, Johnson of Decatur, Kost, Law, and Stubbs. Quorum present. The president of the joint assembly announced that there was a quorum of both houses present, and that the joint assembly would proceed to the election of a United States senator. The president of the Senate then directed the secretary of the Senate to read that portion of the Senate Journal of January 27, 1903, which related to the election of a United. States senator. The secretary of the Senate read as follows: At twelve o'clock м. the president of the Senate announced that the time fixed by the constitution of the United States for the election of a United States, senator had arrived. Senator Noftzger placed in nomination the name of Chester I. Long for United States senator. Senator McMillan placed in nomination the name of W. A. Harris for United States senator. The president directed the secretary to call the roll. Senators voting for Chester I. Long were: Allen, Branine, Buschow, Carpenter, Chaney, Codding, Conrad, Crum, Findlay, Fitzpatrick, Fulton, Henley, Hurrel, Kennedy, McKnight, Miller, Morehouse, Morrow, Noftzger, Pestana, Porter, Simons, Smith, Sponable, Stewart, Tapp, Vincent, Ward, White, and Wulfekuhler. Senators voting for W. A. Harris were: Caldwell, Gabriel, Householder, King, McMillan, and Wright. Senators absent and not voting were: Fullington, Cubbison, Peterson, and Leidy. The president announced the result of the vote, as follows: Whole number of votes cast, 36, of which Chester I. Long received 30, and W. A. Harris received 6. The president instructed the secretary to so record the vote. The president of the joint assembly then directed the chief clerk of the House to read that portion of the Journal of January 27, 1903, which related to the election of United States senator. The chief clerk of the House read as follows: BALLOTING FOR UNITED STATES SENATOR. The hour of twelve o'clock M. having arrived, the speaker announced that it was the time fixed by the constitution for balloting for United States senator, and that nominations for United States senator were in order. Mr. Galle, of McPherson, nominated Hon. Chester I. Long, and Mr. Waggener, of Atchison, nominated W. A. Harris. The speaker then directed that the roll be called, and requested that as the names of members were called they arise and announce the name of the person for whom they desire to vote for United States senator. The roll was then called, with the following result: Whole number of votes cast, 122, of which Mr. Long received 93 and Mr. Harris received 29. Gentlemen voting for Mr. Long were: Messrs. Adair, Adams of Butler, Adams of Sedgwick, Baird, Barnd, Beeson, Betts, Bevington, Billings, Brandon, Brown of Brown, Brown of Labette, Burke, Campbell of Bourbon, Campbell of Meade, Crocker, Dougherty, Dolley, Dunn, Einsel, Emmons, Enright, Evans, Farris, Finley, Fisher, Francis, Friar, Galle, Godshalk, Griffin, Hawkins, Hayden, Heusel, Hill, Hollenbeck, Honnell, Hugos, Hunter, Hutcheson, Husey, Jeffries, Jenks, Johnson of Sheridan, Jones of Gove, Jones of Norton, Jones of Trego, King of Ottawa, Kinkel, Kinnison, Kirkpatrick, Kirtland, Kramer, Leland, Lewis, Linton, Lockwood, Martin of Morton, Martin of Woodson, McKee of Marshall, Mead, Mendenhall, Miller, Murdock, Mustoe, Nation, Nixon, O'Donnell, Peck, Perkins of Wyandotte, Pollock, Pralle, Robbins, Sarbach, Schermerhorn, Schmidt of Geary, Sharp, Sims, Speer, Starr, Stavely, Taylor, Tucker, Von Trebra, Watkins, Weldon, Whistler, Williams of Shawnee, Williams of Stanton, Wilson, Woodhouse, Wyckoff, and Mr. Speaker. Gentlemen voting for Mr. Harris were: Messrs. Ballard, Bowman, Broadbent, Bucklin, Chandler, Focke, Goebel, Hale, Harris, Jensen, Johnson of Decatur, Keith, King of Lane, Kost, Langfield, Laughlin, Lynn, McIntire, McKee of Clay, McLaughlin, Parish, Perkins of Leavenworth, Roughton, Schlyer, Smith of Thomas, Tannahill, Tatum, Tipton, Waggener. Gentlemen absent or not voting were: Messrs. Barker, Law, and Stubbs. Mr. Speaker Pringle then announced the vote on United States senator to be as follows: Whole number of votes cast 122, of which Mr. Long received 93, and Mr. Harris received 29, and instructed that the clerk so record the vote. The president of the joint assembly announced that Chester I. Long, having received the requisite majority in each house of the Legislature, was duly elected to the Senate of the United States. Senator Noftzger moved that the president of the joint assembly appoint a committee of five to escort Senator elect Long to the speaker's desk. The president appointed as such committee, Senators Noftzger and Carpenter, and Messrs. Leland, Francis, and Waggener. Senator elect Long was then escorted to the speaker's desk and addressed the joint assembly. The certificate of election of Chester I. Long was then duly presented and signed, as follows: HALL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF KANSAS. TOPEKA, KAN., January 28, 1903. THIS IS TO CERTIFY, That the members of the Senate and the members of the House of Representatives of the Legislature of the state of Kansas, having assembled in joint convention in the hall of the House of Representatives, on the 28th day of January, A. D. 1903, in conformity with the act of Congress of the United States, entitled "An act to regulate the times and manner of holding elections for senators in Congress," approved July 25, a. D. 1866, and an act of the Legislature of the state of Kansas, entitled "An act providing for joint convention of the two houses of the state Legislature," approved May 7, 1861, to supply the vacancy in the Senate of the United States occasioned by the expiration of the term of the Hon. W. A. Harris, which will occur on the 4th day of March next, the Journals of the Senate and House of Representatives having been severally read, showing the names of persons voted for and the number of votes received in each house by each person, it appeared that Chester I. Long received a majority of all votes cast in each house, and the said Chester I. Long is declared duly elected senator to represent this state in the Senate of the United States for the constitutional term commencing on the 4th day of March next. D. J. HANNA, President of the Senate and President of the Joint Convention. C. M. SHELDON, Secretary of the Senate. J. T. PRINGLE, Speaker of the House of Representatives. W. P. MASON, Chief Clerk of the House of Representatives. |