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1st Session. I

No. 24.

WOOD vs. PETERS.

PAPERS AND TESTIMONY

IN THE CONTESTED-ELECTION CASE OF

S. N. WOO D vs. S. R. PETERS,

FROM THE STATE OF KANSAS AT LARGE.

JANUARY 10, 1884.-Referred to the Committee on Elections and ordered to be printed.

NOTICE OF CONTEST.

No. 1. To the Hon. SAMUEL R. PETERS:

You are hereby notified that the undersigned, Samuel N. Wood, a resident of the city of Topeka, in the county of Shawnee, in the State of Kansas, of the age of 57 years, and who has been continuously, since the admission of Kansas into the Union as a State, and for over twenty-one years a citized, elector, and inhabitant of the State of Kansas and of the United States, and having all the qualifications under the laws and Constitution of the State of Kansas and of the United States necessory for a member of the House of Representatives of the Congress of the United States, intends to contest your seat as a member of the House of Representatives of the Congress of the United States from the State of Kansas at large, and your right to the same, to which you claim to have been elected at the general election held in the State of Kansas on November 7th, 1882, for the term in and of the Forty-eighth Congress of the United States, commencing on March 4th, 1883, and ending on March 4th, 1885.

You are further notified that the undersigned specifies particularly the grounds upon which he relies in said contest, to be as follows:

1. That you were on the Tuesday succeeding the first Monday in November, 1879, elected to the office of judge of the district court within and for the 9th judicial district of the State of Kansas for the term of four years, commencing on the second Monday of January, 1800, and ending on the second Monday in January, 1884; that you received the proper certificate of election to the said office of judge; duly qualitied by taking the oath of office, and entered upon the duties of said office of judge on the second Monday of January, 1880, and that continuously since then, up to and including the time you were served with this notice of contest, you have been and now are in the exercise and discharge of the duties of the said office of judge; that upon qualifying for the said office of judge you took and subscribed to th, following oath of office:

“I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Kansas, and faithfully discharge the duties of the office of judge: So help me God."

That at the time of the admission of the State of Kansas into the Union as a State there was the following provision in the Constitution of the State of Kansas, and which ever since then has been, and now is, part and parcel thereof, and of all which you and the electors of the State of Kansas were advised and at all times well knewthat is to say:

* ARTICLE 3.-JUDICIAL.

"Section 13. The justices of the supreme court and judges of the district court shall at stated times receive for their services such compensation as may be provided by law, which shall not be increased during their respective term of office: Prorided, Such compeusation shall not be less than fifteen hundred dollars to each justice or judge each year; and such justices or judges shall receive no fees or perquisites, nor hold any other office of profit or trnst under the authority of the State or the United States during the term of office for which said justices and judges shall be elected, nor practice law in any of the courts in the State during their continuance in office."

That at the general election held in the State of Kansas on the Tuesday succeeding the tirst Monday in November, 1882, being the 7th day of November, 1882, you received 99,866 votes for Congressman at large from the State of Kansas unapportioned to any Congressional district, and for the term as such member of the House of Representatives of the Congress of the United States and of the Forty-eighth Congress thereof, commencing on March 4th, 1883, and ending on March 4th, 1885.

That the undersigned at the said election held on the Tuesday succeeding the first Monday in November, 1882, aforesaid, received 83,364 votes for Congressman at large from the State of Kansas unapportioned to any Congressional district, and for the term as such member of the House of Representatives of the Congress of the United States, commencing March 4th, 1883, and ending March 4th, 1885, the same being the Forty-eighth Congress.

That by reason of the facts aforesaid you were, are, and will be personally ineligible and disqualified to accept or hold said seat as a member in said House of Representatives for the term aforesaid, and were, are, and will be, for the same period, personally ineligible and disqualified to accept or hold or be a member of the house of representatives of the legislature of the State of Kansas; that as a citizen of the State of Kansas you are forbidden and prevented by its constitution from accepting or holding said seat in the House of Representatives of the Congress of the United States; that as a judge of the district court of the State of Kansas you are especially forbidden and prevented by its constitution from accepting or holding the same; that all votes cast for or received by you for the same were so cast and received by you in violation of law, and are illegal, void, and as if cast for no person; that by reason of your ineligibilty and disqualification aforesaid, by reason of the illegality of the votes cast for you, as aforesaid, and by reason of the votes cast for the undersigned, and by reason of his having all the legal qualifications under the Constitution of the United States and the constitution of the State of Kansas to accept and hold the same, he hereby claims said seat and gives you notice of his intention to contest the same, and of all which you will please take notice. Dated at Topeka, Kansas, Dec. 5, 1882.

S. N. WOOD,

Contestant.

I acknowledge service of the within, by copy delivered to me by S. N. Wood, Dec. 13th, 1882, expressly reserving all rights as to competency and qualification of contestor, and also all rights as to sufficiency of notice and service of notice.

S. R. PETERS.

(Indorsement :) 48th Congress; S. N. Wood, contestant, r8. S. R. Peters, contestee. Original notice of contest and service of same, State of Kansas at large.

ASIER TO NOTICE OF (ONTEST.

No. 2.

In the matter of the purported coutest of S. X. Wood rersus S. R. Peters. Now comes the undersigned, and for answer to the notice of sontest served upon him by S. N. Wood, esq., on the 13th day of December, A. D. 1882, says:

First. He denies each and every allegation in said notice contained, except as hereinafter expressly admitted. The allegations admitted are as follows, to wit: Headmits that he was duly elected judge of the 9th judical district of the State of Kansas, at the tiine and for the term as alleged; that he received his certificate of election, took the oath of office, and entered npon the discharge of the duties of said office, as alleged in said notice; that at the regular election held in the State of Kaosas, on the 7th day of November, A. D. 1882, he received 99,866 votes for the office of Representative in the 48th Congress of the United States, from the State of Kansas at large; and that said S. N. Wood, esq., received 83,364 for the same office.

Second. That the resignation of the undersigned as judge of the 9tb judicial district of the State of Kansas was, by the governor of the State of Kansas, accepted, and the same took effect on the 31st day of December, 1882, since which time he, the undersigned, has ceased to act as jndge of said district, and since which time he has ceased to receive any of the honors or emoluments of the same.

Third. That on the 7th day of November, A. D. 1882, the State of Kansas was by law authorized to elect four Řepresentatives from the State at large to the 48th Congress of the United States, whose terms of office should begin on March 4th, A. D. 1883; that on said day an election was held, as provided by law; that at said election one E. N. Morrill received 98,349 legal votes for the office of Representative in Congress from the State of Kansas at large; that said Morrill has been lawfully declared duly elected to said office as one of said four persons to be elected by the State at said election, and has received his certificate of election; that one B. W. Perkins at said election received 98,338 legal votes for said office; that said Perkins has been lawfully declared duly elected to said office as one of the persons to be elected by the State at said election and has received his certificate of election; that one Lewis Hanback at said election received 97,354 legal votes, and has been lawfully declared duly elected as one of the persons to be elected by the State at said election, and has received his certificate of election ; that the undersigned received 99,866 legal votes at said election and has been lawfully declared duly elected to said office as one of said four persons to be elected by the State at said election, and has received his certificate of election; that at said election the whole number of votes cast was 183,000; that each of the four persons herein before last referred to received a majority of all the votes cast at said election; that but four persons could by law be elected to said office; that the votes received by the undersigned at said election were legal votes, cast by duly-qualified electors of the State of Kansas; that at least 90,000 of the electors of the State of Kansas, who voted at said election for Messrs. E. N. Morrill, B. W. Perkins, and Lewis Hanback, voted also for the undersigned; that the undersigned received' 1,517 votes more than said Morrill; 1,528 votes more than said Perkins; 2,513 votes more than said Hanback, and 16,502 votes more than S. N. Wood, esq. ; that at least 5,000 of the electors who voted for S. N. Wood, esq., also voted for the undersigned ; that said S. N. Wood, esq., not having received a majority of the votes cast for said office, has no right in law to contest the election of the undersigned ; that he has no sufficient interest in said office to authorize him to institute contest proceedings; wherefore the undersigned denies the right of the said S. N. Wood, esq., to appear before the House of Representatives of the 48th Congress, or before any of the committees of said House, as contestor against him, the undersigned.

Fourth. The undersigned respectfully submits to the House of Representatives of the 48th Congress of the United States the following facts, which, if satisfactorily proven, entitle him to membership, to wit: That he is forty years old ; that he is now and always has been a citizen of the United States; that he is now and has been for the last ten years continuously an inhabitant of the State of Kansas; that he has received a certificate of election from the secretary of state for the State of Kansas in due form of law, evidencing his right to a seat in the House of Representatives of the United States, which certificate is now on file in the office of the Clerk of said House. All of which is respectfully submitted.

S. R. PETERS.

TOPEKA, KANSAS, January 10th, 1883. Service of the foregoing answer of S. R. Peters, esq., by copy, is hereby acknowledged on the date last above written,

J. G. WATERS,

Atty for S. N. Wood,

(Indorsement:) 48th Congress; S. N. Wood, contestant, l'. S. R. Peters, contestee; original answer to notice of contest and proof of service; from State of Kansas at large.

Yo. 3.

OFFICE OF SECRETARY OF STATE,

Topeka, Kansas, February 13, 1883. I, James Smith, secretary of state of the State of Kansas, do hereby certify that the following is a true and correct copy of section 13, article 3, of the constitution of the N. F. Acres

16.

State of Kansas as it existed at the date of the admission of the State of Kansas into the Cuion, and as it exists now:

** Section 13. The justices of the supreme court and jndges of the district court shall, at stated times, receive for their services such compensation as may be provided by law, which shall not be increased during their respective terms of office, provided such compensation shall not be less than fifteen hundred dollars to each justice or judge each year, and such justices or judges shall receive no fees or perquisites, not hold any other office of profit or trust under the authority of the State or the United States during the term of office for which said justices and judges shall be eleeted, nor practice law in any of the courts in the State during their continuance in office."

In testimony whereof I have hereunto subscribed my name and affixed my official seal. Done at Topeka, Kansas, this 13th day of February, A. D. 1883. (SEAL)

JAMES SMITH,

Secretary of State.

No. 4.
STATE OF KAxsas,
Office of Secretary of State :

TOPEKA, Dec. 3d, 1833. I, James Smith, secretary of state of the State of Kansas, do hereby certify that the following is a true and correct statement of the votes cast for members of Congresa from the first, second, and third Congressional districts of said State, and for four members of Congress from the State at large, at the general election held in said State on the 7th day of November, A. D. 1882, as shown by the records of the State board of canvassers of the State of Kansas, showing the total number of votes cast for each person and the number of the district.

For member of Cougress, first district :
John A. Anderson receive i 41, 251 votes.
Charles H. Moody " 17,816 "
L. T. Smith

1,299 " Scattering

47
For member of Congress, second district:
D. C. Haskell received 23, 601.
Alfred Taylor

5,710. Scattering

66

13.
For member of Congress, third district:
Thomas Ryan received 36,181 votes.
Jobn C. Cannon “ 17,729 «
D. J. Cole

9,356 " Scattering

66

20
For members of Congress, State at large ;
S. R. Peters received 99, 866 votes.
E. N. Morrill

98, 349
Lewis Hanback " 97, 354
B. W. Perkins “ 98, 338
C. A. Leland 6 58, 079
John O'Flanagan 59, 872
S. N. Wood

83, 364
H. L. Phillips « 25,614
Allen Williams “ 22, 243
John Davis

26,701
M.V. B. Bennett " 1, 417 "
John C. Cannon“ 588 6
Scattering

In testimony whereof I have hereunto subscribed my name and affixed my official seal. Done at Topeka this 3d day of December, A. D. 1883. (SEAL.]

JAMES SMITH,

Secretary of State, By W. L. CAVANAUGH,

Ass't Sec'y of Slate.

No. 5.
STATE OF KANSAS,
Office of Secretary of State :

TOPEKA, December 3d, 1883. I, James Smith, secretary of state of the State of Kansas, do hereby certify that the following is a true and correct copy of the vote cast at the regular election held

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