The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-06-03
AFTER THEIR SCALPS.
AN ENTIRELY NEW FEATURE OF
THE CHENEY WAR.
Now Comes the County Attorney With
Quo Warranto Proceedings Directed
Against the Municipal Officers
for Violation OF the New
Election Law.

The Cheney whisky war is getting to be
more serious, and if the new election law
will stand the test of the courts the
municipal officers of that town will lose
| their official heads as an Incidental result
of last weeks fracas.
A week ago some of the prohibitIonists
of Cheney consulted local lawyer of
that city concerning the suppression of
the liquor traffic, alleged to have been car
ried on in Joe Freegard's hotel, contrary
to law. He advised them to have war
rants sworn out for the capture of the
joint at the hotel and the liquor and fix
lures therein contained The county at
torney was not consulted about the mat
ter, but nevertheless warrants were OBJ
tanned and put in the hands of the local
officers, who broke down the door of the
suspected joint and captured every
thing therein contained, including liquors.
etc. Friegard and his bartender Martin
Obel fed for safety, and came by way of
Garden Plain to Wichita. Thursday morn :
ing Deputy County Attorney w. II. An
derson went to Cheney to prosecute, and
Ed O'Bryan went to defend. On eXamin-
alton of the papers Senator O'Bryan found
that they were not signed by anybody in
authority and, hence. the cases were dis
missed. Both attorneys returned home
yesterday.
Yesterday O'Bryan G. Gordon, in behalf
of Friegard and Obel, commenced damage
suits against w. w. Walter, constable of
Morton township, and against c. L. Ran
kin and II. w. Walter, his bondsmeh. for
f.1c nd Of
r. Maxwell. Frank Whitsell and John
Dalzell. The damages are laid at 5000.
As companion piece to this suit,
O'Bryan 81 Gordon, in the absence OF
County Attorney Boone and in his name,
brought quo warranto proceedingNagainst
Frank Whetsell, mayor of Cheney; Ell
Jennings, James Moran and Ell. Nash,
councilmen, and John Dalzell police
judge, under the following section of the
act passed during the recent legislature,
entitled can act to prohibit the corrupt
use of money and correct practices at cleo
tions."
Section Il. Any person elected to any
Office who shall be proven IN a contest or
IN any other manner provided by law, to
have violated any provisions of this act
shall forfeit his office. and said office shall
be declared vacant and shall be filled in
the manner provided by law for filling va
cancies accustomed by death or resigna-
ton"
This is the first case brought in the
state for violation of this law, and it
will be watched with absorbing interest.
The outcome will be very eagerly looked
For, as it will decide the official fate of al
most every officer in Sedgwick county,
elected at the recent election outside Of
Wichita. for but very few of them have
complied with the law.
The following is a copy of the petition
filed in hese quo warranto proceedings
by O'Bryan s. Gordon in behalf Mr..
Boone, who VIII be absent about a month:
In the District court of Sedgwick county,
Kansas
State of Kansas ex rel. Willard H. Boone,
county Attorney, l'lalntlH.
Frank Whetsell, Ed Jennings, James Moran,
.. I. Nash and John Dalzell, Def endants.
PETITION.
Comes now said state of Kansas, on the re-
lation of Willard II. Boone. county attorney,
and by virtpre of the power vested in him by
law gives the court TO understand and be III
formed:
That the City of Cheney is now and at all
times hereinafter mentioned was a city OF the
third-class under and by virture of the laws
OF the state of Kansas.
liil HtTttclOIG jO-Nih On TIE -lll i9dA VI
April, 1898. at the mt nicipal election held by
said city the following named persons defend
ants IN this action were elected to the reSpec-
tive offices, which is hereafter mentioned and
set out that ever since said time, and up TO the
present time they are and have been acting in
the capacities of such officers respectively of
the City of Cheney under and by virtue OF
said election.
That at said election said defendant Frank
Whetsell was declared elected mayor OF said
City of Cheney and is holding the office OF
m nm In, lgr1tr he
That said defendants Ed Jennings, James
Moran and o. T. Nash were at said election
duly declared elected as councilman of said
CITY OF Cheney from their different ward dis
tricts, and ever since ans. up to and including
the present time have been acting as such
councilmen.
That said defendant John Dalzei! at said
election declared elected TO the office Of /
Police Judge of said city and from and up TO
and including the present time has been aud |
Is acting as such Police Judge of said City of |
Cheney.
That SAID plaintiff further gives the court to !
understand that more than thirty days have
elapsed since said election was held IL said I
City of Cheney for the election OF the above
named defendants for the various offices held .
by them and that none of said defendants /
within the thirty days provided by law have /
made or filed or caused TO be made and filed /
in the office OF the County Clerk of Sedgwick !
county, Kansas, n detailed statement showing |
the money loaned, expended. paid, or pronis- !
ed to be paid by him, or by anyone TO the bes' /
OF his knowledge AMI belief in his behalf. in !
attempting TO secure or in any manner IN con- |
neCtion with, the election of such office re- |
quired by Chapter -, Session laws of 1898, of I
the State of Kansas, entitled. An act 10 pro- /
hibit the corrupt use of money and corrupt /
practices at elections" that none of said de |
PENDANTS above mentioned have filed or at /
tempted to file the statement required by /
SAID law or attempted in any manner whatso- /
ever to file said statement As required by the +
above entitled act.
Whereforr, |, the said Willard II. Boone, /
county attorney of SeJgwick county. Kansas. !
on behalf and in the name OF the State of Kan /
Sas pray judgment against the SAID defend /
ants that said defendants and each of them by /
reason OF their aforesaid acts, and by reason /
of their failure to make and file said state
ments As required by law, being HAPPIER -, /
Session laws OF the 81 ne OF Kansas. EMIT led: /
''An act To prohibit the corrupt use of money |
and corrupt practices at elections may be /
adjud-ed and declared 10 have forfei ted the |
various offices now held by them. lo-wit: !
That said Frank Wheisell may be aGiudged (
to have forfeited the office OF mayor OF the /
said City of Cherey; that said defendants Ed .
James Moran and O. T. Nah may
be adgudCed and declared 20 have forfeited I
their offices as coI'icilmen OF the said City of .
Cheney; that said defendant John UaITeil /
may be declared and adjudged 20 have for !
feited the office OF police judge of said City OF /
Cheney, Sedgvick county, Kansas; that each /
and all of said defendants may be ousJcd and /
removed from their respective offices As above /
set forth and held by them; and a further
judgement against said defendants Tor the ;
costs OF this action.