State of Kansas as it existed at the date of the admission of the State of Kansas into the Union, and as it exists now: "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 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, nor 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 elected, 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.] STATE OF KANSAS, Office of Secretary of State: No. 4. JAMES SMITH, TOPEKA, Dec. 3d, 1883. 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 Congress 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. 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, Ass't Sec'y of State. 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 in said State on the fourth day of November, A. D. 1879, for judge of the district court for the ninth judicial district of the State of Kansas, for the regular term commenc#ing on the 12th day of January, A. D. 1880, as appears from the record of the State board of canvassers of the State of Kansas; and as published in pursuance of law in the official State paper, on the 10th day of December, A. D. 1879 : Ninth district. Names of persons voted for. Samuel R. Peters 339 497 591 816 494 670 389 734 1,381 1, 970 1. 378 1, 870 571 1, 872 13, 512 13, 426 2 1 1 16..... 61 5 86 No returns. 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. I, James Sn ith, secretary of State of the State of Kansas, do hereby certify that S. R. Peters was, at the general election held in the State of Kansas on the 4th day of November, A. D. 1879, elected judge of the ninth judicial district of the State of Kansas for the term of four years, commencing on the second Monday of January, A. D. 1880, as shown by the records in this 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, No. 7. OFFICE OF SECRETARY OF STATE, I, James Smith, secretary of state of the State of Kansas, do hereby certify that at the general election held in the State of Kansas on the 8th day of November, A. D. 1882, S. R. Peters received 99,866 votes for one of the Congressmen-at-large from the State of Kansas, and at said election S. N. Wood received 83,364 votes for one of the Congressmen-at-large from the State of Kansas, as appears from the records in this 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.] STATE OF KANSAS, Shawnee County, 88: No. 8. JAMES SMITH, GEORGE W. REED, of lawful age, being first duly sworn according to law, deposes and says: I am a citizen of Topeka, Kansas; am a journalist by profession. I am editor and, publisher of the Kansas State Journal, daily and weekly, and was during the campaign of 1882, when S. R. Peters was a candidate for Congress. One issue of the Journal reached over 75,000 copies; it circulated in all parts of the State. The provision of the constitution of Kansas which makes judges ineligible for other offices was published two or three times during the canvass, and public notice given that S. R. Peters was judge of the 9th judicial district and was not eligible to a seat in Congress, and could not hold the office if elected, and that all the votes cast for him were thrown away. This question was generally discussed in the newspapers of Kansas, and was well understood by the people of the State and by those who voted for S. R. Peters that under the constitution of Kansas Judge Peters could not hold the seat if elected, yet many Repub licans voted for him, believing that the House would be Republican and no attention would be paid to the constitution of the State. There cannot, however, be any question but what the voters generally understood that, according to our State constitution, Mr. Peters could not hold the office, and votes cast for him were thrown away. GEO. W. REED. Subscribed and sworn to before me this 19th day of November, 1883. (Certificate of official character.) STATE OF KANSAS, County of Shawnee, 88: I, George T. Gilmore, county clerk of Shawnee County, and State of Kansas, do hereby certify that Joseph Reed, jr., is a justice of the peace in and for said county, duly elected and qualified, and that his signature to the foregoing instrument of writing is his genuine signature, and that the annexed instrument is executed and acknowledged in accordance with the laws of the State of Kansas. In witness whereof I have hereunto subscribed my name and affixed my official seal at Topeka, in said county, this 4th day of Dec., 1883. [SEAL.] No. 9. GEO. T. GILMORE, County Clerk. Deposition of witnesses taken at the office of Frank T. Lynch, at Leavenworth, county of Leavenworth, State of Kansas, on the 21st day of November, 1883, to be used in the case of S. N. Wood, contestant, vs. S. R. Peters, contestee, House of Representatives, Washington, D. C. H. C. BURNETT, being first duly cautioned and sworn, according to law, says: I am editor of the Leavenworth Standard, a newspaper printed and published at Leavenworth, Kansas, and was the editor of said paper during the canvass of 1882, when S. R. Peters was a candidate for Congress from the State at large. The question of Peters' eligibility under the constitution of Kansas was generally discussed in the newspapers of the State. It was well known to the voters of the State of Kansas that S. R. Peters was a judge of the ninth judicial district of the State of Kansas, and that his term of office did not expire until some time in January, 1884. It was also well understood that under the constitution of the State of Kansas S. R. Peters was not eligible to a seat in Congress, and could not hold the office if elected, and that if the constitution of Kansas was obeyed all votes cast for him were thrown away. And further deponent sayeth not. H. C. BURNETT. Sworn and subscribed to before me this 21st day of November, 1883. [SEAL.] No. 10. FRANK T. LYNCH, (Commission expires May 5, '85), Notary Public. Deposition of witnesses taken at the office of city clerk at McPherson, county of McPherson, State of Kansas, on the 21st day of November, 1883, to be used in the case of S. N. Wood, contestant, vs. S. R. Peters, contestee, House of Representatives, Washington, D. C. G. W. MCCLINTICK, being duly cautioned and sworn, according to law, says: I am editor of the Independent, a newspaper printed and published at McPherson, county of McPherson, State of Kansas, and was the editor of said paper during the canvass of 1882, when S. R. Peters was a candidate for Congress from the State at large. The question of S. R. Peters' eligibility under the constitution of Kansas was generally discussed in the newspapers of the State. It was well known to the voters of the State of Kansas that S. R. Peters was a judge of the ninth judicial district of the State of Kansas, and that his term of office did not expire until some time in January, 1884. It was also well understood that under the constitution of the State of Kansas S. R. Peters was not eligible to a seat in Congress, and could not hold the office if elected, and that if the constitution of Kansas was obeyed all votes cast for him might be thrown away. And further deponent sayeth not. G. W. MCCLINTICK. OFFICE OF CITY CLERK, McPherson, Kans., Nov. 21st, 1883. The within affidavit subscribed and sworn to before me, the city clerk of McPherson, Kans., on this 21st day of Nov., 1883. [SEAL.] D. C. WELCH, City Clerk. No. 11. Deposition of witnesses taken at the office of V. Brown, at El Dorado, county of Butler, State of Kansas, on the 21st day of November, 1883, to be used in the case of S. N. Wood, contestant, vs. S. R. Peters, contestee, House of Representatives, Washington, D. C. T. P. FULTON, being duly cautioned and sworn, according to law, says: I am editor of the Butler County Democrat, a paper printed and published at El Dorado, county of Butler, State of Kansas, and was editor of said paper during the canvass of 1882, when S. R. Peters was a candidate for Congress from the State at large. The question of S. R. Peters' eligibility under the constitution of Kansas was generally discussed in the newspapers of the State. It was well known to the voters of the State of Kansas that S. R. Peters was judge of the ninth judicial district of the State of Kansas, and that his term of office would not expire until some time in January, 1884. It was also well understood that under the constitution of the State of Kansas S. R. Peters was not eligible to a seat in Congress, and could not hold the office if elected; and that if the constitution of Kansas was obeyed, all votes cast for him were thrown away. And further deponent sayeth not. STATE OF KANSAS, Butler County, 88: T. P. FULTON. Subscribed and sworn to before me this the 21st day of November, A. D. 1883. [SEAL.] No. 12. VINCENT BROWN, Notary Public, My com. expires May 5th, 1886. Deposition of witness taken at the office of G. H. Eusign, in the city Kirwin, Phillips County, State of Kansas, on the 22nd day of November, 1883, to be used in the case of S. N. Wood, contestant, rs. S. R. Peters, contestee, House of Representatives, Washington, D. C. WM. A. GARRETSON, being duly cautioned and sworn, according to law, says: I am editor of The Independent, a weekly newspaper, printed and published in the city of Kirwin, county of Phillips, State of Kansas, and was editor of said paper during the canvass of 1882, when S. R. Peters was a candidate for Congress from the State at large. The question of S. R. Peters' eligibility under the constitution of Kansas was generally discussed in the newspapers of the State; and it was well known to the voters of the State of Kansas that S. R. Peters was a judge of the ninth judicial district of the State of Kansas, and that his term of office as such judge would not expire until some time in January, 1884. It was also well known and understood that under the constitution of the State of Kansas S. R. Peters was not eligible to a seat in Congress, and could not lawfully hold the office if elected; and that if the constitution of Kansas were obeyed, all votes cast for him were thrown away. And further deponent sayeth not. STATE OF KANSAS, Phillips County, 88: WM. A. GARRETSON. Personally appeared before me, a notary public in and for Phillips County, Kansas, Wm. A. Garretson, who subscribed to the above instrument of writing in my presence, and swore to the truth of the statements therein contained, before me, this 22nd day of November, 1883. [SEAL.] GEO. H. ENSIGN, Notary Public. (Commission expires Sept. 28th, 1885.) No. 13. Deposition of witness taken at the office of Frank Dale, at Wichita, county of Sedgwick, State of Kansas, on the 26th day of November, 1883, to be used in the case of S. N. Wood, contestant, . S. R. Peters, contestee, House of Representatives, Washington, D. C. W. S. WHITE, being duly cautioned and sworn according to law, says: I am editor of the Wichita Beacon, a newspaper printed and published at Wichita County of Sedgwick, State of Kansas, and was editor of said paper during the canvass of 1882 when S. R. Peters was a candidate for Congress from the State at large. The question of S. R. Peters's eligibility under the constitution of Kansas was generally discussed in the newspapers of the State. It was well known to voters of the State of Kansas that S. R. Peters was a judge of the ninth judicial district of Kansas, and that his term of office did not expire until some time in January, 1884. It was also well understood that under the constitution of the State of Kansas S. R. Peters was not eligible to a seat in Congress, and could not hold the office if elected, and that if the constitution of Kansas was obeyed all votes cast for him were thrown away; and further deponent sayeth not. WM. S. WHITE. Subscribed in my presence, and sworn to before me this 26th day of November, 1883. [SEAL.] No. 14. FRANK DALE. Notary Public. (Com. expires Feb. 16th, 1884.) STATE OF KANSAS, TOPEKA, Nov. 31, 1883. To the House of Representatives, U. S., Washington, D. C.: We, State officers, and members of the Democratic party of the State of Kansas, most respectfully protest against the admission of Judge S. R. Peters, of this State, to a seat in your honorable body, and protest against him being allowed to take the oath as a member of the House. Judge S. R Peters was elected judge of the ninth Judicial District of the State of Kansas, in November, 1879. His term of office commenced in January, 1880, for four years, ending January, 1884. Section 13, Article 2, of the constitution of the State of Kansas, reads as follows: "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 terms of office: Provided, such compensation shall not be less than $1,500 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 TRUST UNDER THE AUTHORITY OF THE STATE OR 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.' This was the constitution under which Kansas was admitted into the Union, assented to by Congress in the act of admission, and is a part of the compact between the United States and the State of Kansas. Under this provision of our constitution, assented to by Congress, Judge S. R. Peters cannot hold a seat in your honorable body, nor can he take the oath as a member without a clear violation of our constitution. This was well known to the electors of Kansas when Judge Peters was voted for in November, 1882. The legislature of the State of Kansas, in the face of this election, in order to give a legislative construction to the constitution, passed, without opposition, the following law, approved March 8th, 1883: AN ACT to preserve the purity of the judiciary. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That all ballots or votes cast at any election for any person holding the office of judge of the district court, or of justice of the supreme court, except for a judicial office, shall be deemed and held void, and shall not be counted by the judges or clerks of any election, nor by any canvassing board, nor shall any record of the same be made by any canvassing board, nor any certificate of election be issued thereon. SEC. 2. Any person violating the provisions of this act shall be deemed and held to be guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the county jail not less than three nor more than six months. SEC. 3. This act shall take effect on its publication in the statute book. |