The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-12-25
THE LUL1NG-AYREs CONTEST.
Legal Speeches and Campaign Speeches Purely
Personal Speeches Appear in the Round
Up-The ARGUMENT TO be
Closed Tomorrow.

Ayres contest in the new court house. The
closing of this important case drew large
! crowd to the common pleas court room,
! including a representation of the legal
| fraternity, who gave the argument of
counsel, very close attention. 1t was APP
parent that the judges in the contest had
in their disposal a very fat Christmas gift
for the winner in the contest This case
has been carefully tried, and every oppor-
tunity has been accorded counsel to get
the evidence before the court. The mem
bers of the court have been considerable
and studious. Very close and careful at
tention has been given by counsel, and
IN their arguments yesterday coun-
sci on both sides seemed at
their best 1t was 10 a. IN.
when Judge Buckner entered the court
room and with his associates, Messrs. Hat
field and Kirk, took seats upon the bench
Counsel being present the argument for
Mr.. Luling, coutestor, was Immediately
opened by Judge Sluss.
No better or closer legal argument was
ever made in this county than that of
Judge Sluss, who spoke for one hour and a
half devoting himself principally TO the
from the law of 1887, which was an act
entitled an "Act to prevent frauds at
elections and providing a punishment
therefor" and said that the case came
squarely under the inhibitions Of that
law. He commented upon the elective
franchise, and said that it was a right
given by law. He said the law was new
having been passed in 1887 and there was
no precedent yet made by the courts under
1T. He spoke of the legislative intent at
the time the law was passed, said there
were four regular tickets in the field when
the law was passed.
He said the Ayres ticket was an illegiti-
mate ticket foisted upon the voters by
Fred Bentley, Mike Cooke and Frank
Smith, the wet nurses of the Democratic
party. A little junto of fellows in Wichita
run the whole business Bob Coates was
forced off the ticket by Cone acting for
Ayres. 1t was for a consideration. Judge
Sluss made the further point that mem
Der of a political organization has right
to rely on the good faith of his party in
making ticket, and has right to expect
that the ticket will remain unchanged.
ID. NJ. Dale followed Judge Slush, with
his usual personalities, running" John he"
etc, and tom he" etc. Finally, refer
ring to the evidence, commented upon
Mr.. Ayres' testimony, as Ayres, contestee,
his client, had taken the stand and even
specifically denied any bargain or sale
from Coates to him. He claimed that the
whole matter was fair and legal and that
his client, Mr.. Ayres, was not only the
nominee of the Alliance in this county,
but that, by the action of the Democratic
committee, legally and lawfully in session,
Ayres was also the nominee of the Demo
cratic party.
Senator Bentley followed Mr.. Dale and
said that he approached the argument of
the case with no little hesitation and for
the reason that the case was very inn
portant TO his client and the law under
which the case was planted was so late
that it had never been construed or
passed upon by the supreme court of Kan
sas. He said that mis- colleague had been
referred to as being embarrassed at the
beginning of his argument. Said Bentley,
IF was on trial for my life and Henry
Sluss were my counsel, should want him
if today's speech is any cri-
terion of what he does under those circum-
a finer closer, more logical legal
than that made by Judge Sluss
in this case nave never heard. Dales
personal sallies do not rise to the dignity
of reply"
The law of 1887 which is the law under
which this contest is largely planted was
passed by the legislature of this state to
prevent the very things presented by the
evidence in this case.
Il have taken the pains to look mp the
history of this law 1t was known as
house bill No. 81, aud one of the members
of this court was a member of the legis-
lature when the bill became law.
The law as passed by the Kansas legis-
lature was entitled, "An act TO prevent
frauds, at elections, and to provide punish
ment therefor" This bill from the Kan
sas house, and known as house bill No. 81,
was messaged TO the senate Oh Jan. -,
1887, read the first time on Jan. %, and
referred to the committee on elections on
Jan. 81, 1887. This committee, of which
Hon. ii. B. Kelley, of Mcpherson county,
was chairman, reported the bill favorably
on Feb. >. 1887
Il was discussed on March 3, 1887, and
passed that body the next day. 1t became
a law on March II, 1857 In the trial of
election the question to be deter
mined is, who received the highest num-
Der of legal votes for the office in dispute.
Blue VS.. Peter 40 Kansas 701. On the
trial of title to office the question is, who
received the most legal votes. 4th am law
register 1885,"
If it is shown to this court that Mr.. |
Ayres obtained the withdrawal of Coates |
Dy offering him, directly or indirectly !
through others, anything of value. in the |
language of our supreme court, he can |
laver be the clerk of the district of this |
county Or to quote the language of /
Judge Brewer. an acknowledged authority |
# high rank, then on our supreme bench. /
"A candidate who gives or offers voter /
any money or other property for his vote, /
Will be denied the Office which in this way,
he is seeking TO obtain
The State of Kansas ex rel James II. 4
Citing ct al % Kansas 397, is a leading and 4
Important case upon this subject. See also /
18th American AS.
senator Bently quoted largely from legal 4
laying special stress upon a |
,ase from Mahoning county, Ohio, re-
ported in the twenty-sixth Ohio state re-
,ort. His speech consumed about one
lour and three-quarters. In closing he
aid that ! COS regular Democratic ballots
With Ayres' name thereon had been cast
Under the law they were illegal Take
rom them the claimed majority for Ayres
q. it left Luling clean legal Majority of
.242
Judge Wall then closed the argument
or Ayres. He took his stand well back
n the court room so that the crowd could /
lear him. While the other council ad-
rassed the court .Judre Wall smoke large