The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-12-28
HEARD THE MOTION.
WEBB GETS THE FIRST BLOOD IN
THE TRIAL OF THE CONTEST.
Court Adjourned Till This Afternoon
Expecting tho Attorneys Of Both
Sides to Agree to a Statement
Of Facts - Outlook Of the
Case Favorable to Webb.

The Shaup-Webb contest fairly began
yesterday.
At 1:30 promptly Judges Strattoo, Wall
and Babh took their seats on the bench
and announced their readiness to hear
what the lawyers had to say.
The common pleas court was crowded
with men all of whom seemed very an
xious to hear the evidence and watch the
trial of the case.
Governor Lewelling had seat in the
district clerks Office but Gid not enter the
court.
Judge Webb of Topeka and Sankey g.
Campbell of this city were attorneys for
Shsup ct al while w. E. Stanley represent
ed f. Webb, Colonel Haliowell being I'M
avoidably absent.
When the court expressed its readiness
to proceed the attorneys squared for
action. ]. p. Campbell lead off be reading
the petition of Shaup and afterwards
reading the answer of Mr.. Webb. He
then offered motion to have the lines
which referred to the politics of the men
who have been elected in the district con-
tested for the past eight years, stricken
out. He claimed that 1t was a
surplusage and contended that if it
were permitted to remain in the answer of
the plaintiff that the said plaintiff should
prove the politics of the gentlemen named.
Judge Webb followed the same line of
argument, Mr.. Sankey not speaking on
the issue at all.
Mr.. Stanley commended that there was
nothing wrong in stating the politics of
the men who have held office in the district
as commissioners. since the present dis
trict has been recognized. He wished
to prove by it, or use it in showing the
court, that during the light years specified
all political parties recognized that the
commissioners district was eo-existant
and co-extensive with the representative
district and that this was the main point
In the case. The fact is that during tho
eight years commissioners have been
elected by representative districts
there have been elected Repub-
licans, Democrats and Populists and
no attempt was ever made to question the
validity of their elections thus showing
that all political parties and all the people
have recognized the district as perfectly
constitutional one.
Mr.. Campbell also moved the court to
strike from the answer of the defendant
that part of it which related to him having
taken the oath of Office and making his
qualifications to hold the office
Mr.. Campbell contended that this aver
ment was not necessary for the purpose
OF reaching a conclusion and Mr.. Stanley
did not object very much, saying that so
far as he knew it did not make any ma
terial difference.
Mr.. Campbell also moved to strike out
that part of the answer OF the tdefendent
which reads as follows:
That the said representative districts in
the said county of Sedgwick are cOnstitu-
Ted by the said appointments herein-
before mentioned, have been fully recog-
nlZad and Treated as commissioner dis
trlcts by the board of county commission
ers of the said county of Sedgwick,
since the year 1886, in all acts and things
done and performed by them as commits
sloners as aforesaid; that the said county
commissioners have at numerous and at
divers times entered upon the proceedings
and book of record of the board of county
commissioners such recognition, and have
declared said representative districts as
constituted by said appointments to be
commissioner districts provided BY law;
aud the said board of county commission
ers OF the said county of Sedgwick have
so treated and recognized the said appor-
tionment and so treated and recognized
the representative districts as commission
er districts under the said act of 1871, hav-
ing in spirit and contemplation of law con-
stituted and appcrtioned the said repre-
districts rs commissioner dis
tricts and have SO declared the same.
He insisted that if the above paragraph
was deemed admissible that the defense
should show how, when and where the
county commissioners recognized the dis
trict by the things done by them, etc. He
was followed by Judge Webb on this point
also. Judge Webb quoted the history of
legislation SO far as it affected county
from the territorial days
down to the present time.
Mr.. Stanley in reply said that he
would not answer Judge Webbs argu-
nent for the present as it had nothing to
do with the motion, but when the proper
time came, when legislation of that char
acter entered into the determination of the
suit, that be would meet and explode it
without much trouble. He then showed
the absurdity of Mr.. Campbelps pc sition
and stated that the very fact that com
missioner from the Sixty-seventh
district, sitting and
celebrating in the sessions of that
board was a recognition by the other two
that he was the legel rep
resentative of all the people of that dis
trict and that hence they recognized the
district as legel one. Mr. Stanley made
this point very clear 10 the court.
After some reference to the statutes the
judges then put their heads together and
decided the great point in The controversy,
viz the recognition of the district
by the commissioners, in favor OF Mr. |
Stanley and decided the other points in ia
vor of the plaintiff. One of these points |
Mr.. Stanley did not press while the other
point was held by the court to be con- |
tanned in another paragraph and hence it /
was surplusage. Mr.. Stanley then an |
bounced that there was probability of |
bot b sides agreeing upon statement of |
facts TO be submitted to the court aud that |
by that mesns the trial of the case would |
be expedited and simplified. With this |
IN view an adjournment was taken till l:SO /
This afternoon. The case is progressing /
very satisfactorily ard the spectators. |
while they are all leaning toward Webb /
have confidence in the judges OF the |
court