The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-12-27
ARGUING THE CASE
ANSWER OF THE DEFENDANT PRE-
SENTEDTO THE CONTEST COURT.
An Able Presentation Of the Facts in
the Shaup-Webb Case-The Court
Adjourned Till This Afternoon
From Which Time the
Case Will Progress,

The answer of the defendant in the
Shaup-Webb contest case is filed.
The court for the hearing of the case
was called to order at 10 O'Clock yesterday
morning and Judge Wall and Judge Babb,
associates to Judge Stratton, were sworn
In by the county clerk.
The attorneys for the defense, Messrs
Hallowell and Stanley, presented the fol-
lowing answer to the allegations OF the
plaintiff, after which the court adjourned
meet at 1:3O o'clock this afternoon in
the common pleas court.
In the matter of the contest of Calvin II.
Shaup, contestor of Z. Webb for the office
of county commissioner OF Sedgwick county,
Kansas:
The said f. Webb, for his answer to the
statement of contest heretofore filed here
in by the said Calvin II. Shaup, contestor,
says:
That he is now and has for seven years
last past been a citizen of the United
Kansas, and al elector of the county of
Sedgwick in said stare and resident of
the township of Gypsum in said county.
Except as hereinafter specifically admit
ted the said K. Webb, contestee, denies
each and every allegation, statement and
fact set out in the said statement Of con-
test
The said E. Webb admits that on the
9TH day of November, 1893, an election
was had in the said county of Sedgwlck at
which the both said Calvin RI. Shaup and
the said f. Webb were candidates for the
ONCE OF county commissioner, and that
both were voted therefor at said election;
admits that at said election the judges and
clerks thereof duly received the votes SO
cast for the said Calvin Ii. Shaup and f.
Webb, and duly returned the same to the
Office of the county clerk of Sedgwick
county, Kansas; that afterward at the
Time and in the manner prescribed by law,
the board of canvassers of Sedgwick coun-
ty, Kansas, duly canvassed the returns
made by the judges and clerks of said
election in the several precincts
wherein the said Shaup and
Webb were candidates for commissioned
as aforesaid. duly declared the said Webb
elected to the said Office of county COM
mission, and issued to said Webb his GER
tlhcate of election to said office.
The said L. Webb further admits that
under an order OF the board of county com.
missioners of Sedgwick county. Kansas,
duly catered of record in the month of
September, 1885, the boundaries of the
commissioner districts in the said county
oil Srdgwick were constituted as follows:
District No. 1, of the townships of Lin
coin, Payne, Grant, Kechi. Park, Eagle,
Union, Greedy, Sherman, Delano, Attica,
Garden Plain and Grand River.
District No. 2, of the First, Second,
Third, Fourth. Fifth and Sixth wards of
the city of Wichita.
District No. 3, of the townships Of Min
neha, Gypsum, Rockford, Waco, Salem,
Ohio, Illinois, Ninnesca, Alton, Viola,
Erie, Morton and Wichita
The said f. Webb, contestee. states that
during the year 1885. and that at the time
Oh the changing of said districts by the
said county commissioners rs aforesaid,
the population of the said county of Sedg
wick was less than 81, 900 inhabitants
That at the time of the said order of the
said, the Third precinct of the
First ward of the city of Wichita.
and large portion of the Sec
ond precinct of the Sixth ward of the
city OF Wichita constituted and comprised
a portion OF Wichita township and por-
ton of the said Third commissioners dis
trict. and had never been changed from
the said Wichita township and Third
commissioners district to any other dis
trict by an order of the board of county
commissioners of said county of Sedg-
wick; and that the vote cast for county
at the said election, in the
said precinct of the First ward of the city
of Wichita and in the said second pre-
cinct of the Sixth ward of the city of
Wichita. were and are legal votes and
were properly counted for this coutestee,
l.. Webb.
That the whole number Of votes cast for
county commissioner at the said election
in the Third commissioner district AS con-
stituted by the order of the board of coun.
ty commissioners as aforesaid was rs fol-
lows: