The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-10-31


the candidates designated rs members of
the straight Peoples party. under the
designation straight Peoples party"
was first considered; and it is decided that
said nominations SHALL be printed on the
official ballot for Sedgwick county, under
the designation straight" Peoples party.
No objection is made TO this board to
on the official ballot, the objection being
simply to printing said nomi-
nations under the title straight peoples
| party" for the reason that certain other
nominations certified for printing on said
ballots are designated peoples party" We
| are of the opinion that the distinction be-
tween the designation peoples party"
and the designation straight peoples
party" IS sufficient to svoid confusion aud
hereby over rule the objections.
The objection 20 printing upon the Of
| fetal ballot the nominations certified TO
BY l. n. Phillips, AS chairman, and w. 0.
Lsnhart, as secretary Of the convention
| making such nominations, was then. on
the said 18th day OF October, 1895, taken
up and considered In this case no OBJ
lection was made 10 printing the names
OF said candidates upon. the officiol bal
lot, but it WAS urged by the persoEs FL
ing the objections that said nominations
should not be desigatned Democratic"
| for the reason that certificates Of nomi-
nation OF different candidates for said
| offices purporting to have been made bv
the Democratic convention were also filed
with the county clerk. The questions to
! be considered Is whether the nominations
last mentioned wefe made by political
party entitled 10 the name Democratic,
! or whether the convention making the
nominations objected to represent the
| Democratic party. We are of the opinion
that the candidates certified to by Il. L.
Rau.l nn.,i md hart
| secretary, are the candidates Of the Dem
ocratlc party, and therefore maintain the
| objections. and that the candidates Ger
tined To by /. \. Phillips AS chairman aud
| W. O. LenharG as secretary must be SO
designated rs TO AVOID confusion with the
| regular Democratic ticket The law pre-
yides that il the certificates of nomna-
! ton 90 not designate the party appeila-
! tions of the nominations, then suc.:
nominations shall he designated under
| some suitable title. The nominations
certified to by r. Il. Bean as chairman
| and S. l.. Gilbert as secretary were made
| by n convention representing the orgsDi-
cation which has always been recognized
as the Democratic party Of Sedgwick
| county; the other nominations Claiming
TO be Democratic were made by party
whose organization is admitted bv thei m
| to have commenced in October, 1892 and
| to have no connection with the Demo-
cratic organization that has existed prior
| TO that time.
The only ground upon which the latter
organization claims the right to dispace
| the regular Democratic organization Is.
| that certain Democrats were nominated
by it who Were not Democrats. We do
not think the objection well taken as we
| think a political party has right to uom.
mate MS u candidate for an office whether
he be of the same political faith As the
party nominating him or not. The NOM
| nations certified to by l. y. Phillips
and w. o. Leuhart were made by a con-
veEtion OF Democrats not connected with
| the regular organization, but by Demo-
| Gratis who have left the regular organiza
| ton, and who are universally known as
! Stslwart Democrats For the reasons
above mentioned the objections of r. +.
| Coates and w. y. Arey To the nomination
| filed by r. Z. Bean, as chairman, and S.
Ia. Gilbert, AS secretary OF the convention
| held by the regular Democratic party, are
hereby Overrned, and it is decided and
ordered that said nomination be printed
| on the official ballot under the party ap-
pellation "Democralic" and that the
nominations certified TO by |. n. Phillips
| aud w. o. Lenhart be printed on the Off
| cial ballot under the designation "Stal-
| wart Democratic"
B. E. KIEs. Chairman,
W. H. BOONE, County Attorney, Sedg-
wick county, Kan.
MINORITY REPORT.
NJ. A. Carvin, county clerk and Repub-
lican member OF the board, filed dissent
lug opinion rs follows:
SEDGwICK Co, Kan, Oct. %, 1893
In the matter of the objections of A. f.
Helm to the printing of the straight
Peoples party" ticket filed and certified
TO by w. +. Hutchinson, chairman, and J.
l.. Cooper, secretary, and the objections OF
X. L. Bean to the printing of the Demo-
cratic ticket filed aud certified to By j. n.
Phillips, chairman, and w. o. Lenhart,
secretary.
And the objections of r. F. Coates and
w. A. Arey to the printin@ of the Demo
cratic ticket filed and certified To by K. L.
Bean, chairman, and 5. l.. Gilbert s-cre
tary, beg leave to submit the following:
The Straight Peoples party" ticket.
| having been properly certified to and the
only objections raise being that il WAS not
sufficiently designated from the Peoples
party ticke, l am of the opinion that the
objections are not well taken and there
fore should be disregarded and the
straight Peoples party" ticket shout
have place In the ballot. The D. mo
cratic ticket flied and certified to by |. \.
Phillips as chairman aud w. o. Len4arS
as secretary, having been properly ctIti-
fed and the evidence produced before the
board showed that all who participated in
the said Democratic convention were
Democrats aud that all the nominees on
said ticket are Democrats, and As no ir-
regularity is claimed, | find no law where
by the board has the power to refuse to
give said ticket placs on the ballot under
the appelation as filed, and favor giving
said ticket place on the ballot. The
Democratic ticket filled and certified by Il.
Bean as chairman and 5 L. Gilbert as
secretary, being In apparent conformity
with the law, aud the objections fled only
claim an irregularity, but DO not state
what the irregularity Is, excepting that IL
is not Democratic ticket, while the evil
dence produced before the board shows
that Mi who participated were Democrats.
Ii is my opinion that the ticket should be
given place on the ballot am further
of the opinion that if 1t is legal 10 piac. on
the ballot one ticket under two heads, it is
legal to place on the ballot two tickets
under one head. | further desire to say
that after careful examination of the law,
it is my opinion that the board has no
power to act beyond the considering of
irregularities in certificates OF nomination,
and such questions ;hat night arise as 10
the legality of individual nominations.
Very respectfully submitted.
NJ. A. CARVIN, county clerk,
The majority report. it is understood, is
the result of a compromise. Il is thought
that Mr.. Boone felt inclined to take Mr.
Carvin's view of the situation, while Mr..
kies was decidedly in favor of throwing
out the two tickets in opposition to the
fusion elements. For the sake of saving
the humiliation OF Mr.. Boone sustaining
the views OF the Republican member
compromise was effected which is the ma
ority report.
The regular or straight or to make IL