by this Act according to the true intent and meaning thereof, he shall, on conviction thereof, before any court having cognizance to that amount, be fined in any sum at the discretion of the court, not exceeding two hundred dollars. SEC. 7. That all fines and penalties imposed by this Act, shall be recovered with costs of suit or in an action of debt, or by indictment for the use of the county. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. Approved February 12, 1858. J. W. DENVER, Acting Governor. Penalty. CHAPTER XXVII. ELECTION FRAUDS. AN ACT providing for the Investigation of Election Frauds. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: missioners. SEC. 1. That Henry J. Adams, E. L. Taylor, Thomas Ewing, Names of ComJr., J. B. Abbott, Ely Moore, Sen., and Dillon Pickering, be and are hereby appointed and created a Board of Commissioners, whose duty it shall be to investigate the frauds committed on the Their duties. 21st day of December, A. D. 1857, at an election held in the several precints in said Territory, on the adoption of the constitution framed at Lecompton, November 7th, 1857, as submitted by the convention who framed it; and also at an election held on the 4th day of January, A. D. 1858, at the several precincts in said Territory, for the purpose of electing State officers, member of Congress, and members of the Senate and House of Representatives, under said constitution. missioners. SEC. 2. That for the purpose of said investigation, the said Powers of comcommissioners are hereby authorized and empowered to hold their sessions at such time and at such places as a thorough and full investigation of said frauds may, in their judgment require; and they are hereby authorized and empowered to issue subpoenas, under the hand of the President of said Board, for witnesses; to compel the attendance of persons and the production of papers; May issue sub poenas and comdance of wit pel the atten nesses. Testimony to be reduced to writing. Shall make reports. Sergeant-at arms. His duty. Compensation and milage. Compensation to administer oaths, and in default or refusal of any person to appear before them, who may have been duly subpoenaed, to enforce attendance by attachment. SEC. 3. That it shall be the duty of said Board to cause the testimony taken before them to be reduced to writing under their direction, and subscribed by the deponents; that said Board shall from time to time make reports, which together with the testimony so taken, shall by them be transmitted to the Governor of the Territory, the President of the Council, and the Speaker of the House, to be communicated by them to the Legislative Assembly. SEC. 4. That said Board or a majority of them, shall have power to appoint a sergeant-at-arms, whose duty it shall be to serve all writs or subpoenas, and other process, that may be deemed proper and necessary, to elicit a full trial and fair investigation. of said alleged frauds, and shall be entitled to the sum of five dollars per day, for every day he may be necessarily engaged in the duties of said office, and ten cents per mile for every mile necessarily travelled in the discharge of such duty, and the said seargeant-at-arms shall have power by and with the consent of the Board, to appoint deputies who shall receive as compensation, two dollars and a half dollar per day. SEC. 5. That said commissioners shall each be entitled to reof Commission-ceive the sum of five dollars per day for every day they may ers. Milage. How paid. Regarding wit fuse to appear. be necessarily engaged in the discharge of their duties as such commissioners, and milage at the rate of ten cents per mile for every mile necessarily traveled in the discharge of their duties as aforesaid. SEC. 6. That all the officers created by this Act shall be paid out of the Territorial treasury, for their services as aforesaid, and a majority of said Board shall constitute a quorum to transact any business connected with said investigation. SEC. 7. That for the refusal of any witness brought before nesses who re- said Board, to testify they shall have power to commit to imprisonment said person from day to day until they shall be willing to testify. May command Territorial SEC. 8. That in case said Board shall be interfered with in the protection from lawful discharge of their duty by any person or persons they, the said Board, shall have power to lawfully claim and demand the protection of the Territorial militia. militia. Compensation SEC. 9. That all witnesses attending before said commissionof witnesses. ers shall be paid the sum of one dollar per day, and five cents per mile for each mile traveled in going and returning therefrom. The President of said Board shall give certificate of the amount due each, and draw a warrant on the Territorial treasurer for the same. SEC. 10. All acts and parts of acts now in force and in con- Repeal of acts. flict with the provisions of this Act, be and the same are hereby repealed. SEC. 11. This Act to be in force and take effect from and AN ACT supplementary to an Act providing for the investigation of Election Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: tachment for SEC. 1. That the said Board shall have power through their writs of atPresident to issue writs of attachment to accompany their writs witnesses. of subpoena, when in the judgment of said Board it shall be necessary to secure the attendance of any witness or witnesses that they may think necessary to secure a full and fair investigation. of said election frauds to be served and executed by the sergeantat-arms or his deputy, immediately after the service of the writ of subpoena, if it shall to him appear necessary in order to secure the attendance of said person or persons, and the production of any papers that may be necessary in said investigation. All acts and parts of acts inconsistent with this Act be, and the same are hereby repealed. This Act to take effect, and be in force from and after its pas Addition to CHAPTER XXIX. ELECTION FRAUDS. AN ACT supplemental to an Act providing for the investigation of Election Be it enacted by the Governor and Legislative Assembly of SEC. 1. That H. T. Green be and hereby is added to the ootamissioners. commission provided for in the act to which this Act is supplemental, and that said commissioners shall have power to investigate any frauds which have been or may hereafter be committed in making up the returns or in declaring the result of either of the said elections. May force attendance of SEC. 2. That said Board shall have power to enforce the atwilnossos and tendance of witnesses and the production of papers. SEC. 3. That the said Board shall have power to appoint a clerk, who shall receive the same compensation provided for the members of this Board. production of Appropriation of the Board. SEC. 4. That there be hereby appropriated towards defraying Be the contingent expenses of said Board, the sum of three hundred dollars, or so much thereof as may be necessary, subject to the draft of the President of said Board upon the treasury of the Territory; and the President of said Board shall keep an account of the moneys so received and expended, with vouchers, and return the same with the final report of said Board. Acts repealed. All acts and parts of acts inconsistent with this Act, are hereby repealed. This Act to take effect and be in force from and after its pas AN ACT to increase the compensation of the members of the Board of Commissioners for the investigation of Election Frauds, created by an Act passed January 15, and an Act supplementary thereto passed January 18, A. D. 1858. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: compensation That the pay of the members of said Board, sergeant-at-arms Increase of and clerk, shall be increased to eight dollars per day, and the pay of the deputy sergeant-at-arms shall be increased to five dollars per day. This rate of pay to commence from and after the first session of said Board. AN ACT to authorize the Governor, the President of the Council and Speaker of the House of Representatives, to examine certain Election Returns therein named. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: Election re SECTION 1. That the Governor and the President of the Council and the Speaker of the IIouse of Representatives of this turns to be ex amined. |