The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-12-27


tickets and ballots with designated, must
speak the truth and not deceive the voter,
in his reliance on the fact that such desig-
mated head, spoke truly the political char
acter and status of the names printed
Hereunder.
Coming down to facts in the case the
evidence clearly showed that prior to the
Democratic convention of Sedgwick coun-
ty, the Peoples party held convention,
nominated the contestee. Ayres, for the
Office of clerk Of the district courts. That
the confession, G. H. Luling, was the nom
mated candidate of the Republican party.
That after the nomination of Luling and
Ayres, the Democrats nominated r. +.
Coates for the same Office, and Coates
made an active campaign before the
people and that tickets and ballots with
the heading Of Democratic Ticket" con-
taiting the name of r. f. Coates for such
Office were printed and circulated all over
Sedgwick county on Saturday before the
election. That tickets headed "Repub
lican Ticket" containing the name of Luz
ling as the candidate Hereunder for such
Office were also printed and distributed,
and tie same was true with the heading
of the Peoples party ticket and the ProhI-
bition ticket. That on Sunday and Mon
day before the election by bulldoZing and
promises Coates was forced by parcel oil
politicians for revenue only, to write a
resignation and in such resignation to re-
quest that the name of w. w. Ayres the
then candidate of the Peoples party be
printed ana placed on the ticket headed
Democratic Ticket" and this was done
by the parcel of political schemers and
tricksters, and tickets with the heading of
Democratic Ticket" were printed and
distributed containing printed Hereunder
as the candidate for the office of clerk of
district court, the name of w. w. Ayres.
The question is on all tickets with such
heading. and the name of Ayres printed
thereon, fraudulent and deceit, delusion
and snare for the electors voting such
ticket, when all the electors had the moral,
political and legal right to believe such
ticket expressed the truth, and was in
dicative of the political character Of the
individuals printed thereon as candidates.
Ii Coates had the right to withdraw and
if he had withdrawn and requested the
name of Luling, the Republican candidate,
to be placed thereon, and it was so done,
would not each and every ballot, headed
Democratic Ticket" with the name of
G. II. Luling printed Hereunder as the
candidate for such office, be a fraud, in
the perview of the law, when construed
and analysed, in the light of history, that
ballot expressed its character by its
heading and is certificate that the name
of each candidate printed thereon, is of the
same political character and persuasion of
the idea expressed in its heading.
No one will claim for a moment that If
Luling had been printed on such ticket,
such ticket could not be counted for
Luling, and if not for Luling, why for
Ayres, when the parallel is the same.
And if the name Of the Prohibition
candidate for clerk had been printed on
tickets headed Democratic Ticket" for
the office of clerk, we would see the strange
anomaly of Democrats when such ticket
was given him, of having the political and
legal right to say to himself, that candi- |
date for that office is opposed to prohibit |
ton, and when he votes, in voting for the
idea of hostility to prohibition he I'M
Willingly and unintentionally votes for a
man whose ideas on such subject are the
opposite of his own, and thereby his WILL |
his legal right under the law, is prevented
anu utSITONcu. mere lies Une vice, Tie ]
wrong contemplated by the legislature
and the law enacted sought the correction
of such evil, by saying that the ballot |
shall not be counted for such candidate.
These considerations apply equally to |
a Peoples party candidate, or to a Repub- |
lican candidate or Prohibition candidate |
when printed on a ballot with the desig- |
mated heading of Democratic tickets" |
and is fraudulent and comes clearly with |
in the meaning of the law.
With these views in consideration it is 1
manifest that all ballots voted containing
the name of w. w. Ayres as a candidate |
for the office of clerk of the district court, |
under the designated heading of Demo |
cratic ticket" are fraud to the extent of /
such name and ought not to be counted |
for w. w. Ayres but should be rejected as |
a fraud and deceit practiced on the elect |
ors voting the same.