|KANSAS COLLECTION BOOKS|
The Thirteenth Kansas Legislature, Thomas A. Osborn, Governor, met January 14, adjourned, March 7. Presidnet of the Senate, E. S. Stover; Speaker of the House, Josiah Kellogg.
January 21, George W. Martin was elected State Printer, on the third ballot, the vote being, for Martin, 68; for S. S. Prouty, 58.
The voting for a United States Senator was begun January 28. One that day a vote was taken in each branch with the following result: Senate - S. C. Pomeroy, 10; D. M. Valentine, 1; J. M. Harvey, 6; William A. Phillips, 2; D. P. Lowe, 5; C. A. Logan, 2; John M. Price, 3; Thomas A. Osborn, 2; J. M. Morton, 1; Charles Robinson, 1. House - S. C. Pomeroy, 40; J. M. Harvey, 19; D. P. Lowe, 13; C. A. Logan, 11; John M. Price, 3; D. M. Valentine, 2; John T. Morton, 4; Charles Robinson, 3; John J. Ingalls, 1; T. H. Walker, 1.
Corruption in High Places. - The election of United States Senator occurred Wednesday, January 29. The joint ballot of the two Houses was as follows: John J. Ingalls, 115; D. P. Lowe, 6; Sidney Clarke, 2: Alexander M. York, 2: Charles Robinson, 1; S. A. Kingman, 1.
Before the balloting began, Col. Alexander M. York, Senator from Montgomery County, addressed the joint convention. He stated that on Monday night he had visited Senator Pomeroy's room, in the dark and secret recesses of the Tefft House, and there, in an interview with the Senator, bargained his vote for the said Pomeroy, in consideration of $8,000, of which sum promised, $2,000 was paid him at the time of the interview, $5,000 paid him on the following day, and $1,000 promised when he had cast his vote for Pomeroy. In corroboration of the astounding disclosure, Col. York advance to the Chief Clerk's desk, and placed upon it two parcels of money, which he desired should be counted and held thereafter for the expenses of prosecuting S. C. Pomeroy for bribery and corruption. The packages were found to contain, one $2,000 and the other $5,000 - $7,000 in all. Following this disclosure, Senator Pomeroy did not receive a single vote, and John J. Ingalls was elected by nearly the unanimous vote of the Legislature.
A suit was immediately instituted against Senator Pomeroy, in the State courts for bribery.* (*The case of the State of Kansas against S. C. Pomeroy, for the bribery of A. M. York, came before Judge John T. Morton, at Topeka, June 16, 1873, and on motion of Pomeroy's counsel, was continued to the next term. June 8, 1874, the case was again brought before Judge Morton at Topeka. It was agreed that the case should go to trial July 27. July 27, the motion on the part of Pomeroy's counsel to quash the information, being overruled by Judge Morton, a change of venue was taken and the case sent to Osage County. For the end of the case, see annals of 1875.)
February 4, the House, by a vote of 74 to 8, requested Senator Pomeroy to resign. On the same day, the Senate passed a resolution requesting the United States Senate to appoint a committee to investigate the charges of bribery against S. C. Pomeroy. February 5, the State Senate requested Pomeroy to resign by a vote of 21 to 9. On the same day, the House asked United States Senator Caldwell to resign by a vote of 51 to 39.
A joint committee, appointed by the two branches of the Legislature, to investigate the charges of bribery against S. C. Pomeroy, reported March 6, as follows:
The committee appointed to investigate charges of bribery and corruption against Hon. S. C. Pomeroy, United States Senator, during the Senatorial election in the State of Kansas, in January, A. D. 1873, to whom was referred the foregoing resolution, beg leave to submit the following report:
February 9, Senator Pomeroy, in the United States State, denied the charges of bribery and corruption, and asked that a committee investigation be appointed. A committee was appointed, consisting of Senators Frelinghuysen, Buckingham, Alcorn, Vickers and Thurman. The Committee commenced its investigation February 17, and made its final report March 3. The arguments before the Committee were made, in behalf of A. M. York, by B. F. Simpson; in behalf of Senator Pomeroy, by Caleb Cushing and Albert H. Horton.
The witnesses examined were: Alexander M. York, William A. Johnson, James C. Horton, Frank Bacon, William H. Bond, B. O'Driscoll, William Simpson, William Matheny, Edward Searcy, William E. Guerin, David L. Payne, C. J. Hanks, D. W. Houston, Asa Low, J. P. Brown, J. S. Hoke, John A. Martin, George T. Anthony, Daniel H. Horne, R. W. Wright, J. L. Sharp, Thomas Murphy, J. Z. Sexton, W. R. Laughlin, Sidney Clarke, John J. Murphy, C. A. Rohrabacher, I. S. Kalloch, Asa Hairgrove, John M. Holmes, P. B. Maxon, John Q. Page, J. D. Liggett, Robert McBratney, F. M. Shaw, John McDonald, John A. Joyce, Chester Thomas, A. H. Horton, Samuel C. Pomeroy, Stephen A. Cobb.
The following is the statement of Senator Pomeroy, made under oath, before the committee, February 25:
GENTLEMEN OF THE COMMITTEE: I submit herewith a true statement of the facts as they relate to my action in the cases of bribery and corruption now pending before this committee.
The majority report, signed by Frelinghuysen, Buckingham and Alcorn states:
The committee, bearing in mind, while examining the evidence, that the whole transaction, whatever view be taken of it, is the result of a concerted plot to defeat Mr. Pomeroy, and remembering that the burden of proof is on the party making the accusation, having come to the conclusion that Mr. York has not sustained his charge by sufficient proof, contradicted as it is by the evidence of Mr. Page and Mr. Pomeroy.
Senator Thurman reported:
I also believe that the testimony convicts Mr. Pomeroy of having attempted to bribe Senator York of that Legislature, to vote for him; that Pomeroy delivered to York $7,000 is not denied.
Senator Vickers reported:
I cannot decide that the guilt of Mr. Pomeroy is established beyond a reasonable doubt.
Senator Pomeroy's term expired on the day following the report of the Committee, March 4.
In the case of Senator Caldwell, the committee ordered by the United States Senate by the resolution of May 11, 1872, before quoted, commenced the investigation January 10, 1873. The examination of witnesses closed February 5.
The following witnesses were examined: Sidney Clarke, J. M. Luce, Johathan Hammond, William Spriggs, William H. Carson, Thomas J. Anderson, Leonard T. Smith, Ira C. Buzick, Joel Thomas, James L. McDowell, Jacob Smith, Daniel R. Anthony, William H. Peckham, John Fletcher, Fred K. Hunt, J. M. Steele, Thomas L. Bond, George W. Wood, James Phinney, Thomas Carney, William S. Burke, James H. Snead, C. H. Stilwell, Edwin C. Manning, Henry Foote, Claudius B. Brace, J. G. Reaser, George S. Smith, John L. Pendery, Thomas P. Felon, Jeremiah Clark, S. J. Langdon, G. G. Gage, Frank H. Drenning, Chester Thomas, Sol. Miller, O. J. Hopkins, G. M. Simcock, M. H. Insley, L. J. Worden, James F. Legate, Charles Columbia, David A. Comstock, Robert Crozier, Theodore C. Sears, Isaac D. Clapp, William Williams, D. W. Thomas, George B. Sherwood, and A. C. Van Duyn. Attorneys for Senator Caldwell were, Caleb Cushing and Robert Crozier.
The committee reported, through the Chairman, Senator Morton, February 17. The conclusion of the report was as follows:*
It has been a subject of discussion in the Committee whether the offenses of which they believe Mr. Caldwell to have been guilty should be punished by expulsion or go to the validity of his election, and a majority are of the opinion that they go to the validity of his election, and had the effect to make it void. Wherefore the Committee recommend to the Senate the adoption of the following resolution:
*For full report, see Senate Report, No. 451 - Forty-second Congress, third session.
March 6, Senator Morton introduced the resolution recommended in the foregoing report.
March 24, Senator Caldwell tendered his resignation, and, through the vice President, notified the United States Senate, as follows:
WASHINGTON, D. C., March 24, 1873.
Hon. Robert Crozier was appointed United States Senator, to fill the vacancy made by the resignation of Senator Caldwell, November 22.
During the session of the Legislature, twenty acts were passed authorizing the issuance of municipal bonds; the boundaries of the counties of Decatur, Rawlins, Cheyenne, Sheridan, Thomas, Sherman, Clark, Ford, Hodgeman, Ness, Lane, Buffalo, Foote, Meade, Scott, Sequoyah, Arapahoe, Seward, Wichita, Kearney, Grant, Stevens, Greeley, Hamilton, Stanton, Kansas, Pawnee, Rush and Stafford were defined; a State Board of Education was created; the Fifteenth Judicial District was created; an act passed providing for an amendment to the Constitution, increasing the number of members of the Legislature.
The annual State election was held November 4, at which time an amendment to the Constitution was submitted to the people. Railroad Assessors, Judges for the Tenth, Eleventh and Fifteenth Judicial Districts, Senator for Douglas County (to fill vacancy), and members of the House of Representatives were elected. The total vote thrown for Representatives was 89,443. It was an "off year," and a light vote was polled.
The expenditures of the State, for the fiscal year ending November 30, were $444,902.94. Among the items were: Normal School, Emporia, $16,976.03; Normal School, Leavenworth, $5,988.65; Blind Asylum, $11,586.01; Deaf and Dumb Asylum, $35,078.17; Insane Asylum, $25,575; State University, $24,531.53; Penitentiary, $71,200; Printing, $54,089.18; Agricultural College, $23,225.96; State House and Grounds, $9,945.80.