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


Mrthewsou was chairman OF the Central
committee for said organization ana A =.
Burrows was its secretary
That said Mathewson and Burrows By
direction OF the central COMMITTEES aTore-
said issued a call for Democratic con-
vention to be held in the e. A. X. hall. i'll
the CITY of Wichita. Sedgwick county,
Kansas. on the sth day of July. 1898, for
the purpose of nominating candidates for
the Office of sheriff, register OF deeds.
county clerk, treasurer, equity coroner
and county surveyor. That in compliance
with the said call Democratic
convention was held In SAID citj OF
Wichita on said Sth day OF July, 1893.
composed exclusively OF Democrats who
nominated the following named citizens
for ne different office. all said nominees
being Democrats. to-wit: For sheriff. w.
Ii. SHERWOOD; for register OF DEEDS, john
A. Davidson: for county clerk, d. A.
Moore; for county treasurer, II. G toiier;
for coroner, c. e. Fig; for county sur
yeyor. ". c. Lancdon.
That after said convention had ad-
journed and within the time specineo by
law the chairman and secretary OF said
convention certified said nominations as
required by law TO N. a. Carvin. county
clerk as aforesaid 4 copy OF said certIil-
cate is hereto attached ana marked eX-
hibt "a" and made part of this petition.
Your REALTORS further aiiege that the
defendant, NJ. a. Caryiu, county clerk rs
aforesaid, is about to have SAID ticket
printed on ballot under a different APP
pellation or different designation from
that which appears on the face OF the Ger
titicate aud The Endorsement thereon.
That instead of printing said ticket desiS-
mated and endorsed as Democratic ticket
ne is about to have the sntne printed under
the designation OF Stalwart Dcmocratic
ticket in violation of law and esp@c ally in
conformation of chapter IS Oh The Kansas
session laws pf 1895.
Second cause Of action:
Your REALTORS Tor a second cause OF
action represent that on the 2Sud day OF
July, 1898, political organization known
rs the Peoples party met IN convention in
the city of Wichita. Sedgwick county,
Kansas, for the purpose OF nominating
candidates for the different offices men,
toned in the first cause of action Of this
petition.
That on the same day towit: July 22i.
1898 and in said city of Wichita. aud at
the same time the said Ponulist cOnvan-
ton was in session, political organize
ton calling iislf Democratic party WAS
assembled in convention for the purpose
of nominating candidates for the different
Offices set out IN sad first cause OF action.
That by prs existing agreement between
for the Two political organizations last
above named, it was agreed that each con-
yeution should select three Of its nominees
from the members of the said Popuiist
party, and three members from the So
called Democratic party. i'll this wise:
That the nominees for the Offices OF
sheriff, register of deeds aud county sur
veyor, should be selected from the So
called Democratic party, and that the
nominees for the offices OF county clerk,
county treasurer and cOronee should he
selected from the mem bers OF the Popullst
party. That in pursuance OF said agree
nenG the said Populist convention nom;-
mated for the office Of county treasurer, II.
f. Tsachout; for the office of county clerk.
H. H. Harris: for the Office of county cor
oner, Richard Styles, all OF the above
named mentioned nominees being Popu-
lists. That upon Information that the
Democratic convention heretofore referred
to had nominated Charles Mossbacher for
the Office of sheriff: j. F. Dorsey for the
office of register OF deeds, aud K II.
Brown for the office of county surveyor.
aud in pursuance OF said agreement
the said Populst convention proceeded to
nominate the above last named for the
same offices to which they had been NOM
mated by the said Democratic convention.
That the said Democratic convention III
pursuance of the agreement above refer
red to after having nominated Charles
Mosbacher for sheriff. j. I. Dorsey for
register OF deeds, and K. II. Brown for
county surveyor, all of whom were Demo-
Gratis and upon being informed that the
said Populist convention had nominated
H. f. Teachout for county treasurer, IL.
H. Harris for county clerk and Richard
Slyter for cOuury coroner, proceeded to
nominate the last above named citizens
for the same Offices to which they had
been nominated by the said Populisu con-
veniiou. That by reason of the agree
ments above set forth and by the action of
said conventions there resulted as the
action of said convention but one ticket
and such ticket is entitled to but one
place on the ballot. A copy OF the certlh-
Gates OF nominations filed by the chair
men aud secretaries of said conventions Is
hereunto attached marked respectively Is
aud & aud made part hereof.
Wherefore, Your realtors pray that this
court may grant preemptory writ OF
maudamuS against said defendant and
that il may issue against SAID defendant,
Nj A. Carvin, county clerk OF Sedgwick
county, kacsas aforesaid, requiring him
to print the ticket designated AS the Dem
ocratic ticket and headed by W. II. Silver
wood on the ballot in the same form AS the
same was certified To the said Nj. A. CarvlI
us county clerk. Aud that the said de-
fendat, NJ. a. Carvin, county CLERK as
aforesaid, be required To print the name
of Charles Mosbacher, II. f. Tacnout, I'll.
II. Harris, J. +. Dorsey, Richard Siyter
and K. IL. Brown As one ticket uucer one
heading, and that the same nave but one
place on the ballot.
JOSEPH w. COATES,
Attoruer for Realtors.
Judge Reed granted an alternative writ
Snd caused it to be served on Mr.. Carven.
II is as follows:
la the district court OF Sedgwick
county, Kansas.
State of Kansas. ex rel, Howard Soule,
and h. Z. Coates,
N. A. Carvin, county clerk of Sedgwick
county, Kansas.
The state of Kansas, to N. A. Carvin.
county clerk for Sedswick county, Kan
ssS, greeting:
II being shown to this court by affidavit
that NJ. A. Carviu, county clerk, for Sedg-
wick county, Kansas, defendant in the
above entitled action Is about to print or
cause 10 have printed on the regular bal
lot. the Democratic ticket. headed by W.
II. Sherwood, under different heading
or designation than that designated Ia the
body aud endorsement on the certificate of
nomination, fled With the said NJ. A. Car
vim. county clerk IA aforesaid; aud fur
Their. that the said u. A. Carvin. county
clerk rs aforesaid, is about 10 print the
ticket headed by Charles Mosbacher un-
der TWO different headings, giving the
same two places on the ballot instead u
on as required by law.
This i. therefore. 10 command you that
YOU Immediately upon the receipt of this
writ cause the ticket headed by ". II.
l. saI h..