The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-12-27
THE LUL1NG-AYREs CONTEST.
The Argument in the Case Closed Yesterday by
John l. Hume, Esq.-The Court 10 Meet
Wednesday Next.

forty minutes in behalf of the confession
Mr. Luling. The court room was crowded
with spectators, but Mr.. Hume addressed
himself to the court strictly as it was a
court case He had no rant and campaign
sallies and jokes to ring in by the way Of
an attempt to enforce the l1gal argument
or make show for show purposes. The
court gave unusually close attention and
the argument made was referred TO as an
extremely strong one. The court ad-
Journed to meet Wednesday next at IL
O'Clock a. M, when it is supposed deci-
sion will be given. 1t is the day before
New Year and the result will
no doubt be gift highly salts
factory to Mr.. Luling or Mr.. Ayres.
The fact that the case is new one in
certain respects, travelling over certain
new legal ground, has given it increased
interest to many, especially to the mem
bers of the bar. The argument made by
Mr.. Hume was referred to as most en-
phatic and clear and quite worthy of a
liberal synopsis.
Mr.. Hume began by tracing the history
Of the various political parties in the
United States since the formation OF the
constitution. He showed that each party
had its origin and birth in an idea. That
it was the idea Of the party, and not the
standard bearer of the party around which
the adherents of the party rallied. That
this was true of the Federalists party and
the Republican party of early times. That
the idea of the Republicans being victor
ious, it became in time woven in the
national fabric, became a fixed fact and
haDpa ha of bo lictyN orfx-
Coming down TO the time of James
Monroe be showed that it was not
the personality of James Monroe that
gave the Monroe party victory in the ma
ton, but it was the idea of the Monroe
doctrine" an idea that had for its object
the non-interference of other nations with
the legitimate sphere of the commerce of
the United States. The victory of the par
ty of the idea of the Monroe doctrine
merged the idea into a fixed fact and a
fixed thing. The origin of the Wing party
and that of the Democratic party at the
time of the Mexican war, were founded on
ideas essentially and antagonistically OPP
posed to their objects and purposes The
idea of the Democratic party at such time
was the annexation OF the republic of Texas
10 the United States, and it was this idea,
and not the standard-bearer or candidate,
that brought it adhereuts and votes. The
origin and rise of the Abolition party was
founded and brought about on the idea
that slavery was wrong. and the legiti-
mate purpose and object of such idea was
the abolishment and destruction of slavery
No one voted for the candidates of the
Abolition party on account of their person
ality, but gave their support and adher-
ence thereto because Of the idea of such
party.
The origin and rise of all the parties
down to the present time was taken up
and freely discussed. The idea, the prin-
ciples and doctrine of each of the
political parties that had adherents and
supporters in Kansas was fully explained
and commented on The idea of the Peo-
pies party was in the main that the old
parties were not true to the interests and
good of the people, and that there should
be government warehouses, the national
banks should be abolished, the railways
and telegraph lines should be taken under
the wing and faternal care of the general
government.
OF the hundred thousand voters. casting
their ballots in Kansas, at the late cleo
tions but few voted that way because Will
Its was the Peoples party candidate for
governor, the great majority, the body of
such ballots were cast for the idea that
brought such party into existence.
Tha' in all republics where the people
were the sovereigns, it was the idea of
each party that the ballot was cast and
not the mere individuals who happened to
be the candidates of such party.
After reading the law passed by the leg
islature of Kansas in 1857, and the con-
struction and analysis of which hinged this
case, it was clearly demonstrated that all
laws of all characters should be construed
in the light Of the history that preceded
the enactment of such laws.
That such laws only become ineligible
in the light of past and contemporaneous
That in the history of past events
was the origin and course of all law.
That law pre-supposed the existence of
an evil, and the law had for its intended
results the correction of such evil and the
prevention of the former wrongs that were
considered dangerous and inimical TO the
body public.
And so taking this law in the lights of
history, in the light of the fact that ideas
and not men were voted for, it was mani
testify the object and intention of the legis-
lature in passing such law, TO protect the
ideas of the electors, and not the protec-
ton of the individuals who at the time
to be the candidates of the vari-
ous political parties.
With this view as the basis of the analy-
SIS and construction of the law, the defini-
ion and the meaning of the word ballot,
in such law, was that the ballot when cast
vas the expression of the idea of the
alector casting such ballot That when
ticket with designated heading thereon,
was voted, it was vote for the idea ex-
pressed in such heading. If the ballot was
headed Republican Ticket" il was ex-
Dressive of the correct idea of the Repub-
ican party, If the ballot was headed
Democratic Ticket" it was expressive of
he ideas and principles of the Democratic
larty; and the same of the Peoples party
md Prohibition party.
That the names of the candidates under |
such designated headings were the expo
lents and functionaries of the idea |
expressed by and understood |
n such heading. When a ticket was
printed, and the parties procuring the |
tickets to be printed, whether private par /
les or the committee OF political party, /
lad placed thereon designated heading, I
md names of candidates Hereunder, such 1
headings must be truthful. and that all |
themselves, must be Of the POI 1
itical persuasion as indicated by the 4
heading. A ticket with heading or cap I
ion designated Republican must not con- /
ain the name of a candidate not on the 4
egular ballot, or the ticket, so far as such 4
lame is concerned, was fraudulent and /
hould not be counted for such name;