The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-01-01


Republican ticket
Charles IL. Lullng. ACKNOWLEDGEMENTS. pig
w. w. Ayres. ii;
Democratic ticket
Charles IL. Luling .................-.. o:
w. w Ayres; .;...:..--....;..:..... Loo
Republican Resubmission ticket
Charles II. Lullng. ......-............ ll3.
w. w. Ayres :.
Prohibition ticket
Charles III. Iullng. ........-..........
w. w. Ayres. ................ 9,
Peoples ticket
Charles II. Luling. ACKNOWLEDGEMENTS. ~
w. W. Ayres. 2535
William Ayres received in all IS votes.
X. +. Coates received in all SO votes.
The total vote of the contestor and the
contestee In the contested precincts:
Charles H. Luling. ................4 4. OS6
! w. W. AyreS. 1854
We further find the foregoing vote in
| connection with the vote of uncontested
precincts, admitted by both parties to
contest, give the contestee, w. w. Ayres,
| a majority over the confession, Charles II.
Luling, of 1914.
Twelfth-That that the county board of
canvassers issued certificate of election as
clerk of the dirict court to w. w. Ayres.
Thirteenth-That the cOntestee, w. w.
! Ayres, was assessed and caused to be paid
| to the county Democratic central COM
mittee, Monday. day before election, the
| day his name placed on the Democratic
! tickets, the sum of three hundred dollars.
| Upon the foregoing findings of fact, the
court holds the law to be as follows:
The question of the reception and count
| ing of illegal votes for w. w. Ayres, the
cOntestee, by various and numerous cleo
ton boards, resolves itself into three heads,
| to-wit:
First-Had the Democratic central COM
mittee power and authority to receive the
resignation of X. F. Coates?
Second-Had said committee the power
and authority TO nil said vacancy?
Third-Had said committee the legal
| power to I'LL said vacancy with the name
of one who was not in full political har-
mOny with the tenets and creed Of the
Democratic party?
| The chief contention of the counsel for
| the confession is that the 1865 Democratic
| tickets, containing the name of w. w.
| Ayres for clerk OF the district court and
counted for the contestee were fraudulent
and illegal
We hold that the testimony shows that
the Democratic party has been organized
in Sedgwick county since 1873, and during
all of said time it has exercised the custom
and usage of appointing county central
committee, which committee has eXer-
cised the power and the authority
of making assessments on candidates
getting out tickets, filling vacancies,
acting upon designations and generally
conducting the campaign; in pursuance to
said authority said committee, or a ma jor-
ity of it, acted within the purview of its
power in receiving resignation OF X. L.
Coates, filling the vacancy by placing the
name of w. w. Ayres thereon and causing
the tickets so changed to be and generally
distributed among the voting precincts,
and in publishing and explaining the
70 ha ala hot M IN oh
be misled or deceived.
Political parties are not creatures of en-
acted law, are not required to conduct
their proceedings by fixed rules, but imay
exercise that power and authority as their
adherentS may direct so long rs they do
not contravene the vested rights of the ln-
dividual citizen We do not find IL requis
tie or obligatory that any political conven
ton should restrict its nominees to those
only who subscribe to all the tenets of its
creed, but believe Democratic ticket con-
tanning the name of known Republican,
Peoples party man, prohlbltlonlst or other
OF opposite or inconsistent political faith,
would be legal and regular if issued by
the Democratic party or It's representa-
tives. 1t is not the political faith aimed
at by the act of 1887 of our state, but the
surreptious insertion of a name of differ
erent or same politics as the ticket, as
shown by the designated heading with
out Semblance OF authority 10 defeat the
will of the electors of such party. There
fore we do not believe that the acts of the
Democratic central committee pertaining
to the case at bar, fill within the prescrip
tiOns of the act of 1887.
We further find that the conduct and
acts Of the Democratic central committee
and w. W. Ayres, the contestee, in
reference to making the payment of the
$500 assessment were not such as con-
stitute the bribery within the meaning
and intent of the law.
We adjudge and declare w. w. Ayres,
the contestee, duly elected clerk of the dis
trict court of Sedgwick county, Kansas,
and that Charles H. Luling the confession.
pay the contest proceedings herein, assessed
at s.. w. T. BUKKNER. p. j.
RODoLPH HATFIELD,
q. ID. KIRK,
Judges of the contest court.
After some awkwark motions by one of
the spectators in his usual double-faced
style. the court adjourned. Notice was
given that an appeal would be taken. 1t
is thought the matter will reach the SUI
preme court within four months, being
given preference as an emergency case.
One of the fellows in the financial deal
and who was conspicuous on the stand for
nothing, was sufficiently in
toxicated last night TO forget himself and
the truth. and observed that they |
did not have to tell the part that reflected !
on them. This was his explanation of
how they tried to cover the tracks