KANSAS. 



421 



gation of the facts in the case was made and 

 successfully urged in both Houses. The meas- 

 ure was strongly opposed by some, on account 

 of the generality, or irrelevancy, of the facts 

 charged, and more, because of the uselessness 

 of the proposed inquiry, even though those 

 facts were ascertained to be true, by reason 

 that the person who should be considered the 

 chief offender was not amenable to the State 

 Legislature, he being now a member of the 

 Federal Senate. It was contended that such 

 investigation should be left to that body, to 

 which it properly belonged. Preambles and 

 resolutions to that end were prepared and dis- 

 cussed; but the sentiment of those who assert- 

 ed for the State Legislature the propriety and 

 duty of instituting the inquiry prevailed, and, 

 on motion, the work of investigation was ex- 

 tended to the senatorial election also, which, 

 had taken place in 1867, and which, had been 

 carried, it was stated, by the use of the like 

 corrupt means as that of 1871. 



The following joint resolution, having been 

 discussed and severally amended in both Houses, 

 was finally concurred in on the 24th of January, 

 1872: 



Be it resolved "by the House of Representatives, the 

 Senate concurring therein, That a committee, consist- 

 ing of five members of the House of Representatives 

 and three members of the Senate, be appointed to 

 investigate all charges of bribery and corruption con- 

 nected with the senatorial elections of 1867 and 1871, 

 with power to send for persons and papers, and re- 

 port to the Legislature as soon as possible ; and that, 

 for the purposes of this investigation, each member 

 of the committee who shall be appointed under this 

 resolution shall have power to administer oaths and 

 affirmations. 



The joint committee were appointed, and 

 entered immediately upon the performance of 

 the duty assigned them, and concluded their 

 work in about a month. On the 24th of Feb- 

 ruary, 1872, the chairman laid the result of 

 the investigation before the Legislature in a 

 report signed by all the members of the com- 

 mittee, in which the committee said : 



From the testimony taken, your committee find 

 that, at the senatorial election of 1867, a large sum 

 of money was used, and attempted to be used in 

 bribing and in attempts to bribe and influence mem- 

 bers ot the Legislature to secure the election of S. C. 

 Pomeroy, E. C. Ross, and Thomas Carney, by S. C. 

 Pomeroy, Thomas Carney, Perry Fuller, and others 

 in their employ. * * It also appears, in reference 

 to that election, that S. C. Pomeroy and Sidney 

 Clarke, in March, 1866, jointly paid one thousand 

 dollars, and promised to pay a further sum of two 

 thousand dollars, for which they executed their joint 

 notes to M. W. Reynolds, who has recently been ap- 

 pointed Registrar of the Land-Office at Neodesha, in 

 consideration that he would use the columns of the 

 State Journal, at Lawrence, to secure the election of 

 S. C. Pomeroy to the United States Senate in 1867- 

 and Sidney Clarke to Congress in the fall of 1866.' 

 It also appears that S. C. Pomeroy paid in addition 

 the sum of two hundred and fifty dollars to the said 

 M. W. Reynolds. It further appears that M. W. 

 Reynolds sued upon these notes, in the Douglas 

 County District Court, and the defendants, Pomeroy 

 and Clarke, pleaded therein an illegal consideration 

 for the notes, and that the findings of the court, 

 upon trial upon the merits, were for the defendants, 



and the judgment against the plaintiff, Reynolds ; 

 that Reynolds had the case, prepared for the Supreme 

 Court, and then directed his counsel not to proceed 

 further in the cause, and that shortly thereafter he 

 was appointed to the public office he now holds. 



In relation to the election of 1871, the committee 

 find that the testimony shows that Sidney Clarke 

 was a candidate for election to the office of United 

 States Senator in 1871, and that his friends engaged 

 for him, which act he afterward ratified, some eighty 

 rooms at the Tefft House ; that in addition thereto he 

 rented and fitted up on the opposite side of the street 

 from the Tefft House, on the corner of Kansas Ave- 

 nue and Sixth Avenue, a suite of fine rooms, which 

 was, during that canvass, designated as "The Soup 

 House and the Bread Riot,'' where refreshments 

 were kept ; that he deposited with the Kansas Valley 

 National Bank, when he came here, $2,500, which 

 was drawn out by Mr. Adams upon authority from 

 Clarke ; that Sidney Clarke offered to members of 

 the Legislature appointments to office and payments 

 of expenses of the election of members of the Legis- 

 lature for their votes for himself for United States 

 Senator; that he told R. S. Stevens to make what- 

 ever arrangement he pleased with Caldwell in regard 

 to his (Clarke's) expenses. * * * It also appears 

 that R. S. Stevens, who is a resident of Attica, N. Y., 

 and general manager of the Missouri, Kansas & Texas 

 Railroad, and whose business headquarters were then, 

 as now, in Sedalia, Missouri, was here in the interest 

 of Mr. Clarke, and expended an amount of money for 

 his use in the canvass. * * * In relation to the matters 

 affecting Alexander Caldwell, the testimony shows 

 that money was paid, and offered to be paid to vari- 

 ous members of the Legislature by Caldwell' s agents 

 and friends ; that George Smith paid out to members 

 of the Legislature, for Caldwell, and with an under- 

 standing that it should be refunded to him by Cald- 

 well, over $20,000; that Caldwell promised appoint- 

 ments to office, and other favorable official acts, for 

 votes ; that Caldwell said after his election, at dif- 

 ferent times, that he paid for his seat in the United 

 States Senate from this State twice as much as the 

 salary of the office for the full term of six years 

 would amount to, or about $60,000, and that he paid 

 Carney's election expenses, amounting to more than 

 ten per cent, of the whole sum, or over $6,000 ; that 

 Caldwell offered twice, or oftener, to pay all of Sid- 

 ney Clarke's election expenses, and that he did agree 

 with R. S. Stevens to pay them upon consideration 

 of Clarke's withdrawal, and Clarke's and his friends' 

 support of Caldwell in the joint convention. From 

 all the testimony your committee find that Alexander 

 Caldwell used bribery and other_ corrupt and criminal 

 means, by himself and his friends, with his full 

 knowledge and consent, to secure his election in 

 1871 to the United States Senate from the State of 

 Kansas. 



The committee call the attention of the 

 Legislature in an especial manner to the in- 

 tentional absence, or concealment, of several 

 among the most important witnesses, although 

 duly summoned to appear, on which they say : 



Your committee have also to report that the most 

 important witnesses, Thomas Carney, Len. T. Smith, 

 W. H. Carson, and T. J. Anderson, are now fugitives 

 from the State for the purpose of depriving this com- 

 mittee of their testimony, and that their action is in 

 contempt of the proper processes issued upon them, 

 and as your committee is convinced, from all the cir- 

 cumstances attending their sudden and clandestine 

 flight, for a cash consideration paid to at least two 

 of them. 



W. A. Martin and Joel Thomas, important wit- 

 nesses, as we believe, have failed to appear, and we 

 have been unable to hear of their whereabouts since 

 they were served Thomas being served by copy, 

 Martin twice with personal service, once a subpoena, 

 and once with the rule of the Senate. 



