The Wichita daily eagle., 1893-12-31
HE TAILED SENSE.
W. z. Stanley Makes Strong Speech In Favor
of Justice.

In the Webb-Shaup contest case an ad-
journment has been taken till Tuesday
morning at 10 o'clock, at which time Judge
Webb of Topeka will speak for the con
testor. 1t is expected that it will require
nearly the entire day for him to make his
argument
1t WAS practically arranged Friday night
that an evening session would be heid
last night so that Judge Webb might make
his argument and go home perm anently
instead of compelling him to return again
after the holidays. For some reason this
arrangement was not satisfactory to the
court and the evening session
was abandoned. The change OF
program WAS probably caused by
the fact that Judge Babb was suffering all
day yesterday from Dad cold and was
quite unwell at the Adjournment. The
most of yesterday was occupied by the
argument of Mr.. Stanley. and great ar
gument it was, too. 1t attracted many at
torneys to the coult house, and among the
mos; interested listeners was Judge Reed
of the district court. A. f. Helm, cbair-
man of the Populist county committee,
was also an interested listener. Mr.. Stan
ley's argumen. was corker and covered
every point thus far raised in the case
very thoroughly. Hequoted not less than
forty authorities to sustain the pO-
position of,tne contester and as may
more to break down the position of the
contestor. The court was very much in
terested in his arguments and made
copious notes of points made in his speech.
IJa brn:,Oht Sin,nla nnint wit IN
such force rs to i'm press it on the minds of
every man in the audience. That was
that the object in the creation of COM
missioDer's district was solely for the pur-
pose of distributing the representation on
the county board. A commissioner dis
trlct has no power or responsibility
as an organized portion of the county,
but to elect "A man to the county board.
And that power and responsibility are only
conferred tor the purpose Of having a fair
distribution OF members throughout the
county. The spirit of the law creating dis
tricts would be fulfilled then, when
a certain section of the county was repre-
sented on the board In other words the
law creating districts contemplated that
no two commissioners should live in the
same neighborhood, and this would be the
case If the court held the position taken
by the contestor to be tepable, Tor then
both Bush and Haden would be in the
same district.
1t is plain that the legislature had no
object in providing for commissioners
districts except for the purpose of prevent
ing the county board being made up of
from the same neighbor hood TIE
wisdom of this is manifest for if all the
members of the board lived in the same
nelghborkood discrimination against the
other portions of the county
would follow. The representation
by commissioners districts is
certainly a fair and equitable division of
the county into districts and nobody would
suffer from it. 1t certainly is more in
Keeping with the spirit of the law than to
return to the old division aud have two
in one district. Mr.. Stanley
made particularly strong argument on
the point of recognition, and showed divers
cases where the courts held that where the
people recognized the existence of certain
they were legal, notwith-
standing the fact that the organization of
said municipalities may not only be un-
in the first instance, but
Colonel Hallowell will follow Judge
Webb aud Mr.. Saukey will close.