KANSAS COLLECTION BOOKS

William G. Cutler's History of the State of Kansas


LEGISLATIVE AND POLITICAL ANNALS, Part 12

[TOC] [part 13] [part 11] [Cutler's History]

1883, PART 1.

The Fourth Biennial Session of the Legislature, George W. Glick, Governor; D. W. Finney, President of the Senate; James D. Snoddy, Speaker of the House; convened January 9, adjourned March 8, 1883.

The Legislature met in joint convention January 16 and re-elected T. Dwight Thacher, State Printer. The Senate was unanimous for him, and he received all but four of the votes that were case in the House.

Election of United States Senator - On January 23, Senator Plumb was re-elected. The vote in the Senate was, Plumb, 38; James G. Bayne, 1; John A. Anderson, 1. In the House, Plumb, 89; Bayne, 11; Anderson, 2; John Martin, 20; George W. Glick, 1. Representative Wilson, of Linn County, was absent on account of sickness. Representative Bishop, of Smith, absent on the 23d, was present at the Joint Convention on the 24th, and was accorded the opportunity of voting for Senator Plumb. The united vote of both Houses was as follows: Plumb, 128; Martin, 20; Bayne, 12; Anderson, 3; Glick, 1; absent, 1. Senator Plumb's majority was 91.

Congressional Apportionment. - In 1882, Kansas elected Members of Congress in the first, Second and Third congressional Districts as created by legislative enactment of March 2, 1874, and four on a general ticket.

March 5, an act was passed apportioning the State into seven Congressional Districts, the number it is entitled to have by the Congressional Apportionment act, under the tenth census, made in March, 1882. The division of the State may be characterized as follows: Northeast Congressional District, East Central, Southeast, Central, North Central, Southwest and Northwest Districts.

The Northeast District contains 8 counties; the East Central and Southeast district, each, 9; the North Central, 10; the Central 11; the Northwest, 16 organized, 6 unorganized; the Southwest, 18 organized, 8 unorganized counties.

Below is a table giving the location and numbers of the Congressional and the Senatorial and Representative Districts, naming the counties comprising each:

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT OF 1883*
(*The Legislative apportionment was made
by the Legislature of 1881.)

               First Congressional District - Northeastern.
==============================================================
                 Represent-    Senate     No. of    No.  of
COUNTIES.           ative      Districts. Senators  Represent-
                  Districts                         atives.
==============================================================
Doniphan.......      1,  2}                                 2
Brown..........     50, 51}        1          1             2
Atchison.......   3,  4,  5        2          1             3
Jefferson......      6,  7}                                 2
Leavenworth....  8,9,10,11}        3          2             3
Jackson........      49,                                    1
Pottawatomie...      56,57}       17          1             2
Nemaha.........      52,53}   Part of 18                    2
               -----------------------------------------------
   Total.......                               5            18
----------------------------------------------------------Cont.

====================================================== COUNTIES. Population. Males of 21 years and over ====================================================== Doniphan...... 14,257 3,571 Brown.......... 12,817 3,405 Atchison....... 26,668 8,163 Jefferson...... 15,563 3,808 Leavenworth.... 32,355 8,921 Jackson........ 10,718 2,690 Pottawatomie... 16,350 4,193 Nemaha......... 12,462 3,153 --------------------------------- Total....... 141,190 37,904 ------------------------------------------------------

              Second Congressional District - East Central.
==============================================================
                 Represent-    Senate     No. of    No.  of
COUNTIES.           ative      Districts. Senators  Represent-
                  Districts                         atives.
==============================================================
Wyandotte...        12, 13         4          1          2
Johnson.....        14, 15}                              2
Miami.......        21, 22}        5          2          2
Linn........        23, 24}                              2
Bourbon.....        27, 28         6          1          2
Anderson....            25}                              1
Allen.......            26}    Part of 12                1
Franklin....        19, 20     Part of 13                2
Douglas.....    16, 17, 18        15          1          3
                ----------------------------------------------
   Total....                                  5         17
---------------------------------------------------------Cont.

====================================================== COUNTIES. Population. Males of 21 years and over ====================================================== Wyandotte... 19,143 5,394 Johnson..... 16,853 4,289 Miami....... 17,802 4,582 Linn........ 15,298 3,677 Bourbon..... 19,591 4,737 Anderson.... 9,057 2,305 Allen....... 11,303 2,887 Franklin.... 16,797 4,388 Douglas..... 21,700 5,615 -------------------------------------- Total.... 147,544 37,874 ------------------------------------------------------

               Third Congressional District - Southeastern.
==============================================================
                 Represent-    Senate     No. of    No.  of
COUNTIES.           ative      Districts. Senators  Represent-
                  Districts                         atives.
==============================================================
Crawford.....         29          7          1           1
Cherokee.....     30, 31, 32      8          1           3
Labette......     33, 34, 35      9          1           3
Montgomery...         36, 37     10          1           2
Neosho.......         38, 39}                            2
Wilson.......         40, 41}    11          1           2
Elk..........             64}                            1
Chautauqua...             65}    21          1           1
Cowley.......     66, 67, 68     22          1           3
                ----------------------------------------------
   Total.....                                7          18
---------------------------------------------------------Cont.

====================================================== COUNTIES. Population. Males of 21 years and over ====================================================== Crawford..... 16,851 4,334 Cherokee..... 21,905 5,753 Labette...... 22,735 5,727 Montgomery... 18,213 4,637 Neosho....... 15,121 3,716 Wilson....... 13,775 3,347 Elk.......... 10,623 2,604 Chautauqua... 11,072 2,658 Cowley....... 21,538 5,701 -------------------------------------- Total..... 151,833 38,477 ------------------------------------------------------

               Fourth Congressional District - North Central.(sic)
==============================================================
                 Represent-    Senate     No. of    No.  of
COUNTIES.           ative      Districts. Senators  Represent-
                  Districts                         atives.
==============================================================
Woodson.....             42    Part of 12                 1
Coffey......             43    Part of 13                 1
Osage.......         44, 45        14         1           2
Shawnee.....     46, 47, 48        16         1           3
Wabaunsee...             60    Part of 19                 1
Lyon........         61, 62}                              2
Greenwood...             63)       20         1           1
Butler......         69, 70        23         1           2
Chase.......             71)                              1
Marion......             72}       24         1           1
Morris......             73}                              1
               -----------------------------------------------
   Total....                                  5          16
---------------------------------------------------------Cont.

====================================================== COUNTIES. Population. Males of 21 years and over ====================================================== Woodson..... 6,535 1,631 Coffey...... 11,438 2,891 Osage....... 19,642 5,436 Shawnee..... 29,093 8,530 Wabaunsee... 8,756 2,426 Lyon........ 17,326 4,640 Greenwood... 10,548 2,812 Butler...... 18,586 5,009 Chase....... 6,081 1,726 Marion...... 12,453 3,202 Morris...... 9,265 2,376 --------------------------------------- Total.... 149,723 40,679 ------------------------------------------------------

               Fifth Congressional District - North Central.
==============================================================
                 Represent-    Senate     No. of    No.  of
COUNTIES.           ative      Districts  Senators  Represent-
                  Districts                         atives
==============================================================
Marshall.....       54, 55    Part of 18                  2
Riley........           58}                               1
Davis........           59}   Part of 19                  1
Dickinson....       74, 75}                               2
Ottawa.......           83}       25          1           1
Clay.........           76}                               1
Washington...       77, 78}       26          1           2
Republic.....       79, 80    Part of 27                  2
Cloud........       81, 82    Part of 29                  2
Saline.......       84, 85    Part of 31                  2
               -----------------------------------------------
   Total.....                                 2          16
---------------------------------------------------------Cont.

====================================================== COUNTIES. Population. Males of 21 years and over ====================================================== Marshall..... 16,136 4,234 Riley........ 10,430 2,685 Davis........ 6,994 1,843 Dickinson.... 15,251 4,026 Ottawa....... 10,307 2,758 Clay......... 12,320 3,239 Washington... 14,910 3,711 Republic..... 14,913 4,082 Cloud........ 15,343 4,003 Saline....... 13,808 3,741 --------------------------------------- Total..... 130,412 34,322 ------------------------------------------------------

               Sixth Congressional District - Northwestern.
=================================================================
                    Represent-    Senate     No. of    No.  of
COUNTIES.              ative      Districts. Senators  Represent-
                     Districts                         atives.
=================================================================
Jewell............     108, 109   Part of 27               2
Smith............}     110, 111}                           2
Osborne..........}          107}       28        1         1
Mitchell..........     105,106    Part of 29               2
Lincoln...........          104]                           1
Ellsworth.........          102]                           1
Russell...........          103]       30        1         1
Rooks.............          113}                           1
Ellis.............          114}                           1
Trego.............          121}                           1
Graham............          123}       37                  1
Sheridan..........          125}                           1
Gove, St. John                 }
  and Wallace.....  Unorganized}
Sherman & Thomas..  Unorganized}
Phillips..........          112]                           1
Norton............          123]                           1
Decatur...........          124]       38                  1
Rawlins...........Unrepresented]
Cheyenne..........  Unorganized]
                   ----------------------------------------------
   Total..........                      4(sic)     18
------------------------------------------------------------Cont.

====================================================== COUNTIES. Population. Males of 21 years and over ====================================================== Jewell............ 17,475 4,472 Smith............. 13,883 3,521 Osborne........... 12,517 3,265 Mitchell.......... 14,911 3,925 Lincoln........... 8,582 2,218 Ellsworth......... 8,494 2,318 Russell........... 7,351 1,992 Rooks............. 8,112 2,182 Ellis............. 6,179 1,640 Trego............. 2,535 707 Graham............ 4,258 1,282 Sheridan.......... 1,567 509 Gove, St. John and Wallace..... 1,882 715 Sherman & Thomas.. 174 80 Phillips.......... 12,014 3,202 Norton............ 6,998 1,921 Decatur........... 4,180 1,243 Rawlins........... 1,623 544 Cheyenne.......... 37 27 ----------------------------------- Total.......... 132,772 35,763 ------------------------------------------------------

               Seventh Congressional District - Southwestern.
=================================================================
                    Represent-    Senate     No. of    No. of
COUNTIES.              ative      Districts. Senators  Represent-
                     Districts                         atives.
=================================================================
McPherson..........      86, 87   Part of 31                2
Harvey.............      88    }                            1
Reno...............      97, 98}      32         1          2
Kingman............      94    ]                            1
Sedgwick...........      89, 90]      33         1          1
Sumner.............      91, 92}                            2
Harper.............       93   }      34         1          2
Barber.............       95   ]                            1
Pratt..............       96   ]                            1
Stafford...........       99   ]                            1
Pawnee.............      116   ]                            1
Edwards............      117   ]                            1
Ford...............      118   ]      35         1          1
Hodgeman...........      119   ]                            1
Ness...............      120   ]                            1
Lane & Scott....... Unorganized]
Wichita & Greeley.. Unorganized]
Hamilton & Finney.. Unorganized]
Seward & Comanche.. Unorganized]
Barton.............      110   }                            1
Rice...............      101   }      36         1          1
Rush...............      115   }                            1
                    ---------------------------------------------
   Total...........                              5         22 
------------------------------------------------------------Cont.

====================================================== COUNTIES. Population. Males of 21 years and over ====================================================== McPherson.......... 17,143 4,718 Harvey............. 11,451 3,104 Reno............... 12,826 3,292 Kingman............ 3,713 1,154 Sedgwick........... 18,753 5,310 Sumner............. 20,812 6,264 Harper............. 4,133 1,273 Barber............. 2,661 745 Pratt.............. 1,890 513 Stafford........... 4,755 1,273 Pawnee............. 5,396 1,439 Edwards............ 2,409 704 Ford............... 3,685 1,515 Hodgeman........... 1,846 542 Ness............... 3,722 1,152 Lane & Scott....... 644 237 Wichita & Greeley.. 17 15 Hamilton & Finney.. 1,076 457 Seward & Comanche.. 594 202 Barton............. 10,318 2,724 Rice............... 9,292 2,457 Rush............... 5,490 1,435 ---------------------------------- Total........... 142,626 40,525 ------------------------------------------------------

The division of the State into seven Congressional districts, located the Congressmen of Kansas for the Forty-eighth Congress in the districts created March 5, in the following manner: Representative Morrill is located in the north central county of the First District; Haskell, in the northwest county of the Second; Perkins, in the county next west of the southeast county of the State of the Third; Ryan, in the northeast county of the Fourth; Anderson, in the southeast part of the Fifth; Hanback, in the southwest county of the Fifth; Peters, in the northeastern part of the Seven, the Sixth having no Representative.

Comparison of the Old with the New. - The late First District comprised thirty-three organized and three unorganized counties; the late Second, fifteen; the late Third, thirty-three organized and eleven unorganized counties. The First district, as now existing, contains eight counties of the old First; the Fifth, ten counties; the Sixth, fifteen organized, three unorganized counties of the old First, and one organized and three unorganized counties of the old Third. The Second contains nine counties of the old Second; the Third, three counties of the old Third and six counties of the old Second. The Fourth contains eleven counties of the old Third; the Seventh, eighteen organized and eight unorganized counties of the old Third.

An act was passed by the Legislature, and approved by the Governor, February 21, changing the boundaries of the unorganized counties in the southwestern part of the State, and defining the boundaries of Hamilton, Finney, Ford, Seward and Lane Counties. By the act, the new county of Finney was created - named in honor of Lieut. Gov. David A. Finney. The former counties of Arapahoe, Clark, Grant, Gray, Kansas, Kearney, Meade, Stanton and Stevens were absorbed in the newly-defined boundaries of the five counties first named. The four south townships of Lane County were attached to Hodgeman County, and the two west townships were made a part of Finney county. The unorganized counties were thus reduced in number to fourteen.

A Contested Election - The seat of Judge Samuel R. Peters, one of the Members-at-Large for the Forty-eighth Congress, is contested by Samuel N. Wood. It is declared in Section 13, Article III of the State Constitution, that "the Justices of the Supreme Court and Judges of the District Courts shall 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 elected."

The instances in which the constitution has been disregarded or violated are in the following-named cases:

David P. Lowe, appointed March 4, 1867, as Judge of the Sixth Judicial District, just then created, consisting of the counties of Miami, Linn, Bourbon, Crawford and Cherokee, was elected in November, 1867, for a full term, which would have ended in January, 1872. In 1870, he was elected the last Congressman from the State, while the whole territory was one district.

John R. Goodin, elected in November, 1867, from the Seventh Judicial District, created at the same time the Sixth was, and which comprised the counties of Anderson, Allen, Labette, Woodson and Wilson, was re-elected in 1871, for a term ending in January, 1876. In 1874, he was elected to Congress from the Second District.

William R. Brown, Judge of the Ninth Judicial District, created in 1867, was re-elected in 1872, for a term ending in January, 1877. In 1874, he was elected Congressman from the Third District.

Samuel R. Peters, succeeding Congressman Brown as Judge, had been last elected in November, 1879, for a term ending in January, 1884. He was elected Congressman-at-Large in November, 1882.

Bishop W. Perkins, Judge of the Eleventh Judicial District, composed of the counties of Crawford, Cherokee, Labette and Montgomery, whose term expired in January, 1883, was elected Congressman-at-Large in November, 1882.

Andrew S. Wilson, Judge of the Twelfth Judicial District, whose term of office expires in January, 1885, was a candidate for Congress before the convention of June 28, 1882.

Albert H. Horton, elected Chief Justice of the Supreme Court in November, 1878, for a term of six years, ending in January, 1885, received 80 out of 165 votes cast for United States Senator, in the joint convention of the Legislature that re-elected Senator Ingalls, January 31, 1879.

Judges as Aspirants for Office. - The Legislature of 1883 enacted a law to preserve the purity of the Judiciary, making it a penal offense for any canvassing board to count votes for and issue a certificate to a person holding a judicial position running for any other than a judicial office. Gov. Glick signed the bill March 8, being the last report from the Executive Department. Its text is as follows:

SECTION 1. That all ballots or votes cast at any election for any person holding the office of Judge of a District Court or a Justice of the Supreme Court, except for a judicial office, shall be deemed and held to be void, and shall not be counted by the Judges and Clerks at any election, nor by any canvassing board, nor any certificate of election issued thereon.

SEC. 2. Any person, violating the provisions of this act shall be deemed and held to be guilty of a misdemeanor, that on conviction thereof shall be imprisoned in the county jail not less than three nor more than six months.

Legislative Acts - Of the 167 bills passed by the Legislature, Gov. Glick approved 162, vetoed 4, allowed 1 to die in his hands. This one was making an attorney's fee a lien upon property in foreclosing a mechanic's lien. One of the vetoed bills, regulating the salaries of the County Clerk, Treasurer and Superintendent of Rush County, became a law by receiving the necessary number of votes.

The act took effect from its publication in the official State paper, and it provided for a salary for each, of not less than $300, nor more than $600 per annum, which salary shall be in full for all the services by law required to be performed in their respective offices.

In the miscellaneous appropriation bill was an item appropriating $100 per month for the fiscal years ending June 30, 1884 and 1885, to the Samaritan Mission, a charitable institution located at Kansas City, Kan., and one for $1,000 to John H. Carter, Deputy Sheriff of Ford County, for the arrest of criminals McCullum and Wooteen, in accordance with the Governor's proclamation for the arrest and conviction of the criminals. No conviction was made.

The Governor entered his protest in the following language:

If it were not so near the close of the session (ten minutes), I would not sign this bill but return the same for further consideration. As to all such donations I enter my protest as being wrong in principle and disastrous in practice. In only sign this bill now on account of the wrong it would do to deprive the other parties who have claims provided for by this bill.
G. W. GLICK, Governor.
EXECUTIVE DEPARTMENT, TOPEKA, March 8, 1883.

[TOC] [part 13] [part 11] [Cutler's History]