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SIXTH DAY.

MORNING SESSION.
SENATE CHAMBER, TOPEKA, Kan.,

January 21, 1903-10 o'clock A, M. The Senate met pursuant to adjournment, with Lieut.gov. D. J. Hanna in the chair.

The roll was called.

Present: Senators Allen, Branine, Buschow, Caldwell, Carpenter, Chaney, Codding, Conrad, Crum, Cubbison, Findlay, Fitzpatrick, Fulton, Gabriel, Hanley, Householder, Hurrel, Kennedy, King, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Peterson, Porter, Simons, Smith, Sponable, Stewart, Tapp, Vincent, Ward, White. Wright, and Wulfekuhler.

Absent: Senator Fullington.
Senator Ward was excused.
The invocation was offered by the chaplain.

The hour having arrived for special order, the chair ordered Senate concurrent resolution No. 6 read by the clerk of the Senate, as follows:

Resolved by the Senate, the House concurring therein, That in consideration of the present coal famine, which prevails to a greater or less extent throughout, and the distress existing and likely to exist and increase from the same, that a committee of three members of the Senate and four members of the House be appointed to investigate the cause or causes of said coal famine, and, if possible, to locate the responsibility thereof. That the committee shall be empowered to employ an expert stenographer, to summon witnesses and examine same under oath, and enforce the attendance of the same, and to require the production of books and papers, and report their findings to the legislature at the earliest possible moment.

The resolution was adopted.

NOTICE OF CONTEST. The notice of contest was read, as follows: Notice of contest of the election for judge of the district court in the

seventeenth judicial district of the state of Kapsas, on November 4, 1902, by John R. Hamilton, contestor, against A. C. T. Geiger,

contestee. To the honorable Senate of the State of Kansas, the Secretary

thereof, and A. C. T. Geiger, contestee :

The undersigned, John R. Hamilton, contestor, says that he is, and was on November 4, 1902, and for many years prior thereto had been, a citizen and elector of the state of Kansas and of the said judicial district in said state ; that at said election, held in said judicial district on the 4th day of November, 1902, he was the candidate of the republican party, and said A. C. T. Geiger was the candidate of the democratic or people's parties for judge of said district; and said A. C. T. Geiger has been issued a certificate of election by said board of canvassers as having been elected judge of said judicial district; said John R. Hamilton hereby gives notice of his intention to contest before the Senate of the state the election of the said A. C. T. Geiger, the particular points and grounds upon which he means to rely being the following:

First. That in the county of Cheyenne and in the various election precincts therein there were counted and canvassed 287 ballots as votes cast for said John R. Hamilton and 296 ballots as votes cast for said A. C. T. Geiger; that in each of said election precincts the judges of election rejected ballots which were votes cast for said John R. Hamilton which should have been counted for him, and counted as votes cast for said A. C. T. Geiger ballots which, because of distinguishing and other defective and unauthorized marks thereon, should have been rejected, sufficient in number to have changed the result of said election in said judicial district and to have given a majority of the votes cast therein to said John R. Hamilton, as will appear from a recount and recanvass of the ballots cast at said election in said several precincts.

Second. That in the county of Decatur and in the various election precincts therein there were counted and canvassed 586 ballots as votes cast for said John R. Hamilton and 1094 ballots as votes cast for A. C. T. Geiger; that in each of said election precincts the judges of election rejected ballots which were votes cast for said John R. Hamilton which should have been counted for him, and counted as votes cast for said A. C. T. Geiger ballots which, because of distinguishing and other defective and unauthorized marks thereon, should have been rejected, sufficient in pumber to have changed the result of said election in said judicial district and to have given a majority of the votes cast therein to said John R. Hamilton, as will appear from a recount and recanvass of the ballots cast at said election in said several precincts.

Third. That in the county of Norton and in the various election precincts therein there were counted and canvassed 1396 ballots as votes cast for said John R. Hamilton and 764 ballots as votes cast for said A. C. T. Geiger; that in each of said election precincts the judges of election rejected ballots which were votes cast for said John R. Hamilton which should have been counted for him, and counted as votes cast for said A. C. T. Geiger ballots which, because of distinguishing and other defective and unauthorized marks thereon, should have been rejected, sufficient in number to have changed the result of said election in said judicial district and to have given a majority of the votes cast therein to said John R. Hamilton, as will appear from a recount and recanvass of the ballots cast at said election in said several precincts.

Fourth. That in the county of Phillips and in the various election precincts therein there were counted and canvassed 1332 ballots as votes cast for said John R. Hamilton and 1445 ballots as votes cast for said A. C. T. Geiger; that in each of said election precincts the judges of election rejected ballots which were votes cast for said Jobn R. Hamilton which should have been counted for him, and counted as votes cast for said A.C. T. Geiger ballots which, because of distinguishing and other defective and unauthorized marks thereon, should have been rejected, sufficient in number to have changed the result of said election in said judicial district and to have given a majority of the votes cast therein to said John R. Hamilton, as will appear from a recount and recanvass of the ballots cast at said election in said several precincts.

Fifth. That in the county of Rawlins and in the various election precincts therein there were counted and canvassed 541 ballots as votes cast for said John R. Hamilton and 562 ballots as votes cast for said A. C. T. Geiger; that in each of said election precincts the judges of election rejected ballots which were votes cast for said John R. Hamilton which should have been counted for him, and counted as votes cast for said A. C. T. Geiger ballots which, because of distinguishing and other defective and unauthorized marks thereon, should have been rejected, sufficient in number to have changed the result of said election in said judicial district and to have given a majority of the votes cast therein to said John R. Hamilton, as will appear from a recount and recanvass of the ballots cast at said election in said several precincts.

Sixth. That at said election held in Sappa township, of Decatur county, the election board was composed of one republican judge and one republican clerk, and two people's party or democratic judges and one people's party or democratic clerk; that said lastnamed judges and clerk were active partizans and supporters of said A. C. T. Geiger at said election, and, while acting in their official capacity as members of said election board, and during the time the ballots were being cast, did uplawfully and corruptly, for the purpose

of influencing electors to vote for said A. C. T. Geiger as judge of said judicial district, give out cigars and intoxicating liquors to many of the electors as they presented themselves to vote and before casting their ballots, with the statement to such electors that they were Geiger cigars and Geiger liquor, and persisted in so doing against the protest and objection of the republican judge and clerk; that, by such unlawful and corrupt practices, electors were influenced to cast their ballots for said A. C. T. Geiger when they would not otherwise have done so, but the number so influenced is unknown to contestor ; that said election board did not make an honest and legal count of the ballots, and gave to said Geiger more votes than were legally cast for him, and rejected one or more ballots legally cast for said John R. Hamilton; that said election board made up the poll-books to show only seven votes cast for said John R. Hamilton and thirtythree votes as cast for said A. C. T. Geiger in said election precinct, giving to said Geiger a greater majority in said precinct than the state canvassing board determined he received in the entire district; that the poll-books were not signed and certified to by said election board, nor did the members thereof take and subscribe an oath as required by law; that, by reason of the foregoing alleged illegal and corrupt practices and irregularities, the returns from said election precinct of Sappa township should be given no recognition in law and should be rejected in toto as fraudulent.

Seventh. That in each and all of the various election precincts of the said seventeenth judicial district of the state of Kansas the judges and clerks of said election rejected and refused to count and canvass legal ballots that were cast for said John R. Hamilton, contestor herein, at said general election held on the 4th day of November, 1902, in the said seventeenth judicial district of the state of Kansas, sufficient to, and which did, change the result as announced and declared by said boards of election officers; that the said judges and clerks of each and all of the various election precincts in the said seventeenth judicial district, in said election, counted and canvassed as legal votes cast for said contestee, A. C. T. Geiger, a large number of illegal and void ballots sufficient in number to, and which did, change the result of said election as declared by said election officers, and said contestor, John R. Hamilton, by a true, correct and legal count and canvass of all of the votes legally cast at said election for said office, received a majority of all such votes so cast for said office of judge of the seventeenth judicial district of the state of Kansas.

WHEREFORE, Said contestor, John R. Hamilton, prays that a recount of the ballots ast at said election in the various election precincts of said seventeenth judicial district be had, excepting the ballots cast at said Sappa township, in Decatur county; that all ballots illegally rejected as votes cast for said John R. Hamilton which should be counted for him be so counted, and that ballots

illegally counted as votes cast for said A. C. T. Geiger which should not have been so counted be rejected, and that said John R. Hamilton, on such hearing, be declared the legally elected judge of said seventeenth judicial district of the state of Kansas for the term of four years, beginning on the second Monday in January, A. D. 1903.

John R. Hamilton, Contestor. L. H. THOMPSON,

Garver & LARIMER, Attorneys for Contestor. STATE OF Kansas, COUNTY OF SHAWNEE, ss.

John R. Hamilton, of lawful age, being first duly sworn, says that he is the contestor mentioned in the above notice of contest; that it is affiant's intention in good faith to make said contest, and that each and every allegation in said notice contained is true, as affiant is informed and verily believes. And further affiant says not.

John R. Hamilton. Subscribed and sworn to before me, this 19th day of January, 1903. (SEAL)

Robt. D. GARVER, Notary Public.

My commission expires December 13, 1904. The notice of contest was referred to the Committee on Elections.

Senator Noftzger introduced Senate resolution No. 34, as follows:

Resolved, That the minority be allowed to choose one page and a stenographer for their use.

The resolution was adopted.

Senator Smith introduced Senate resolution No. 35, as follows:

Resolved, That the Senate Committee on Stenographers be requested to hold an examination for the purpose of recommending a stenograpber for the committee to investigate the coal famine.

The resolution was adopted.

APPOINTMENTS.
The following appointments were made:

I hereby appoint Edgar Roberts clerk of the Committee on Judiciary, and C. E. Baker stenographer.

F. Dumont SMITH, Chairman. I hereby appoint G. W. McKnight, jr., clerk of the Committee on Insurance.

G. W. McKNIGHT, Chairman. I hereby appoint Fred Rogers as Senate page for the minority, a provided by Senate resolution No. 34, of the 21st inst.

Geo. W. GABRIEL (by authority of minority).

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