From the Elk Falls Howard County Ledger, February 11, 1875, presenting, in part, the proposed Howard County division bill:
"Sec. 10 provides for an election to be held on the 3d Monday of April, to be held at the usual places of voting in Howard county. The ballots to be used at said election to read: 'For division of Howard county;' or 'Against division of Howard county.'
"Sec. 11 provides for the canvassing of the vote and if a majority have voted for division this act to be in force when the commissioners so declare."
The previous year in 1874, the Senate had killed an act that would have divided Howard County by creating Elk County in the north and leaving Howard County in the south. The Senate was not convinced the people of Howard County wanted division.
In 1875, after the issue was reintroduced in the House of Representatives, the Senate was still not convinced that the people of Howard County wanted division. So, via Sections 10 and 11, they proposed that the Howard County men registered to vote should decide the issue.
Soon after sections 10 and 11 were proposed, the Senate struck both sections. It was determined that the Kansas Supreme Court had previous ruled that it was unconstitutional for Kansas voters to decide whether to pass specific legislation for the Kansas Legislature.
The Senate subsequently changed its mind and voted for division of Howard County, which was carried out on June 1, 1875.