466 



KANSAS. 



creased steadily from that year to 1875, when it 

 dropped, and for a year showed but little change. 

 In 1878, however, it is 45,000 more than in 1874. 

 In 1373 the increase was 13 per cent.; in 

 1874, 19 per cent. ; in 1875 there was a de- 

 crease of 6'| per cent. ; in 1876, an increase of 

 less than 1 per cent. ; in 1877, an increase of 

 13 per cent. ; an aggregate increase in the seven 

 years of 38 per cent. Sixteen counties show 

 a decrease of other cattle, but the increase in 

 the other counties aggregates 73,666, leaving a 

 net increase of 66,656, or 11 per cent. Like 

 milch cows, other cattle have fluctuated in 

 numbers, rising uniformly to 1875, then falling 

 and remaining almost stationary the next year. 

 In 1878, however, the number is greater by 

 upward of 77,000 than in 1874. In 1873 the 

 increase was 13 per cent., and in 1874, 15 

 per cent. In 1875 there was a decrease of 6 

 per cent. ; in 1876, an increase of a trifle over 

 1 per cent. ; and in 1877, an increase of nearly 

 9 per cent. ; an aggregate increase during the 

 seven years of 37 per cent. 



The amount of the bonded and floating indebt- 

 edness of all the counties, cities, townships, 

 and school districts in the State is $13,000,000. 



Among the most important proceedings of 

 the last term of the United States Circuit 

 Court in 1878 were the motions by the bond- 

 holders of Leavenworth City and County and 

 Douglas County against the officials of 'those 

 corporations respectively, to attach them for 

 contempt for not making a tax levy to pay the 

 judgments obtained on the coupons of their 

 bonds. Writs were ordered against them, but 

 they appeared voluntarily, and previous to an- 

 swering the contempt they suggested through 

 their counsel that but one legal firm was using 

 extreme measures against them ; that the great- 

 er number of their creditors were disposed to 

 compromise the indebtedness. These creditors, 

 it was averred, under the advice of their respec- 

 tive counsel, were willing to wait until they 

 could procure legislation necessary to compro- 

 mising and funding the indebtedness. Judge 

 Dillon thereupon said that he would not dis- 

 charge the attachments, but, if the officials 

 would enter into bonds conditioned that they 

 would be present in Topeka at an adjourned 

 term in March ensuing, and meanwhile not re- 

 sign, he would continue the matter until that 

 time, and in the interval there would be oppor- 

 tunity to procure the necessary legislation. 

 This arrangement was acceded to, and the 

 bonds were given. 



A case came before the Supreme Court, 

 which was an attempt by proceedings in the 

 natnre of a quo warranto to try the title of the 

 dttondant to his seat in the House of Repre- 

 sentatives of the Legislature of Kansas. The 

 ,ourt dismissed the action, saying: "The at- 

 jrapt to determine the title of the defendant 

 as a member of the Legislature in this manner 

 inst necessarily fail, for the simple reason that 

 we can not and ought not to take jurisdiction 



tbe case. We are powerless to enforce any 



judgment of ouster against a member of the 

 Legislature, and it would be mere idle cere- 

 mony on our part to express any views of the 

 right, power, or authority of the defendant to 

 act as a member of the House. While the Con- 

 stitution has conferred the general judicial pow- 

 er of the State upon the courts and officers 

 specified, there are certain powers of a ju- 

 dicial nature which, by the same instrument, 

 are expressly conferred upon other bodies or 

 officers, and among them is the power to judge 

 of the elections, returns, and qualifications of 

 members of the Legislature. This power is 

 exclusively vested in each House, and can not 

 by its own consent, or by legislative action, 

 be vested in any other tribunal or officer. 

 This power continues during the entire term 

 of office. (Sec. 8, Art. II., Const, of State. 

 State vs. Gilmore, 20 Kas.) 



"Further, we have no jurisdiction in a pro- 

 ceeding like this to oust a person from his seat 

 as a Kepresentative, after he has been declared 

 and adjudged to be a member of the House by 

 the power and tribunal having the exclusive 

 authority to hear and determine that question. 

 (O'FerralK's. Colby, 2d Minn., 180; McCrary 

 on Elections, sec. 515 ; Hiss vs. Bartlett, 3d 

 Gray, 468 ; People vs. Mahoney, 13th Mich., 

 481.)" 



The Republican State Convention assembled 

 at Topeka for the nomination of State officers 

 on August 28th, and was organized by the ap- 

 pointment of W. R. Biddle as President. The 

 final adjournment did not take place until the 

 third day. Seventeen ballots were taken for 

 Governor, when the vote stood St. John, 156 ; 

 Martin, 128. Ex-Governor Anthony, the third 

 candidate on the previous ballots, had been 

 dropped. The other nominations were as fol- 

 lows : for Lieutenant-Governor, L. U. Hum- 

 phrey ; for Secretary of State, James Smith ; 

 for State Treasurer, John Francis ; for Auditor, 

 P. I. Bonebrake ; for Attorney-General, Wil- 

 lard Davis; for School Superintendent, A. B. 

 Lemmon ; for Chief Justice, Albert H. Horton. 

 The following platform was adopted : 



The Republicans of Kansas, in delegate conven- 

 tion, declare 



1. The United States of America is a nation and 

 not a federation. All power is inherent in the peo- 

 ple. The national Government has the constitu- 

 tional power, and it is its sworn duty to enforce, in 

 every section and every State, recognition of the 

 rights of every citizen. Any failure to enforce this 

 constitutional obligation is a criminal neglect of 

 sworn duty. 



2. The Republican party, by its loyalty to liberty 

 and law, has preserved, and promises upon the com- 

 mon altars 01 a country redeemed and saved by its 

 sacrifices and fealty to the rights of all men to per- 

 petuate and hand down to posterity, the declarations 

 of the fathers, " that all men are created equal ; that 

 they are endowed by their Creator with, certain in- 

 alienable rights, among which are life, liberty, and 

 the pursuit of happiness ; that for the attainment of 

 these ends governments have been instituted among 

 men, deriving their just powers from the consent of 

 the governed," which consent is evidenced by a ma- 

 jority of the lawful suffrages of the citizens, deter- 

 mined in pursuance of law. Until these truths are 



