The Wichita daily eagle., 1894-01-07
JUSTICE TO BE DONE
WEBB DECLARED TO BE THE LEGAL:
LY ELECTED COMMISSIONER.
Wall and Babb in the Majority While
Stratton DissentS-This is Another
Illustration of the Old Saw
That the People are Nearly
Always Right.
Justice was in the saddle yesterday.

The contest court decided IN favor OF +
| Webb and declared him to be the legal,
elected county commissioner.
When the contest court met to rende
the decision there were a good man,
present. and the absence Of leading Popu
lists indicated TO some extent what th,
decision would be.
When the court was called to orde,
Judge Stratton discovered that none ol
the attorneys for Shaup were present anC
hence there was delay of some five or ter
minutes. Mr.. Campbell then appeared anC
after few preliminary remarks Judge
Stratton announced that the decision of q
majority Of the court was that Webb wa.
legally elected as commissioner. He ther
stated that each of the judges would ex
plain the reasons upon which they based
their decisions and announced that Judge
Wall would deliver his opinion first.
| Judge Wall, in delivering the majority
| opinion of the court said:
| Il desire to say of counsel OF this case
| as preliminary to the expression of the
views which l entertain upon the cues
! tlons involved, and which are entertained
| by another member of this court, that the
counsel, both for the contestor and con.
tCoeCcs nave, tutlE EeSSdTCU. materially
aided the members of this court in arriv-
! ing at a determination of the matters in
volved. The members of the court have
| been relieved from the necessity of re-
search and original investigation, and |
believe | voice the sentiment of
this court, and all the members of
the court, when | say that this
! case has been already presented, both for
| the conteStor and the contestee. And
believe can say that this case has been
treated and that determination has
been reached by the court outside of and
beyond any question of partisanism or
politics. l hardly believe such a thing
has been thought of, and | know that it
has not by any member Of this court. We
have endeavored conscientiousy to dis
charge duty that has devolved upon us,
and duty | apprehend each of us would
gladly have escaped.
The majority opinion of the court is in
favor Of the coDtestee, L. Webb; that the
confession, Shaup, Is not entitled to the
Office, and that the contesJee, L. Webb, is
entitled to the office.
There are numerous questions involved
in this matter, and believe it is proper
in the administration of laws, that courts
or members of courts should be able at
least to give their reasons why a certain
determination has been reached, hence
desire to state why this determination and
Judgment has been reached in this case.
The contestor Shaup claims that in the
four townships of Minneha, Gypsum,
Rockford aud Wichita. he received ma
jorlty of twenty-six votes, and was there
tore elected rs member of the board of
county commissioners for the Third dis
trict.
Prior to the population of Sedgwick
county reaching thirty thousand inhabi-
tants, the board of county commissioners
had from the Organization of the county, /
believe, observed this provision OF the
statute.
THAT each county having less than
thirty thousand inha abitants shall be di-
vided by the board of county commission
ers into three compact districts, as equal
in population as possible numbere re-
spectfully. one. two and three and subject
to alteration once in three years at least,
and one commissioner shall be elected
from each of said districts by the votes of
said district; but if in any county the
aforementioned board of county commits
sioners shall fail to make such division
before any election Tor county commits
sioners, such failure shall in no case pre-
vent the election of said commissioners
In the last division or apportionment of
Sedgwick county as made by the board of
county commissioners, prior to the time
that Sedgwlck county had reached a pop
ulation of thirty thousand or in excess
of thirty thousand Inhabitants,
the third commissioner district con-
sisted of the townships of
Minneha. Gypsum, Rockford, Waco,
Salem. Ohio, Ninnescah, Illinois,
Alton, Viola, Erie, Morton and Wichita.
La the last change that Was made, Wichita
township Was added to the townships
mentioned, so that in the year 1885, the
third commissioner district consisted of
. H. oh 7
According to the agreed statement of
facts. the population of Sedgwick county
in 1886, was more than thirty thousand in
habltants. Therefore, the board of county
commissioners never made any re-district-
ing of the county into commissioner dis
tricts, for the reason as | believe, aud as
believe they were justified in doing, that
section nine of article of County OIL
GERS, provides that in ALI counties having
more than thirty thousand inhabitants
the board of county commissioners shall
hereafter consist of one elector from each
district as the same is
established by law AT the date of the elec-
ton, etc.
After the population of Sedgwick
county had reached thirty thousand, ac-
cording to the agreed statement of facts, |
the board of county commissioners have /
been chosen in territories co-extensiye aud |
co-equal with the representative districts, |
there being three representative districts |
in Sedgwick county.
Counsel for the contestor claim that the |
provision relating TO county officers which |
have Just read, Is unconstitutional |
They further claim that the election has |
been rendered nugatory by reason of GER |
tain constitutional amendment which was |
to the people of Kansas In 1876, |
aud which was adopted and became part |
ot the constitution in 1877. The section |
which | have mentioned was passed in 1871, |
aud as will be observed, long prior to the |
passage of the constitutional amendment. |
A close reading of the section referred to |
reveals the fact shat it provided that eoun-
" comm issioners should hold Office "for a |
erm of two years and until their successors |
should be qualified" The supreme court |
,f this state, in 5th Kansas, Leavenworth |
county vs. Miller was callei upon to pass /
Ipon the constiIutionaiity OF the section
,r rather upon certain portions of the sec |
ion, and the court held that the section /
n question, so far AS it limited the term of |
county commissioner TO two years was |
II conflict with the constitutional /
PROVISIONS and that the Office of county, |
could not be limited to less
han three years. SO In that respect, aud
u that respect only. was the section de
Jared unconstitutional. Now | said that
he counsel for the contestor claimed that
he secI ion was unconstitutional: there
was diversity OF opinion or expression |
,pou this subject. Ii seemed ar Que time
o be urged that this section was uucon-
tilutional for the reason that it WAS in |
TO that provision of the con- |
titution of tue state which provides that
III laws shall be uniform III their opsra-
ion throughout the state.
do uot believe that it can be seriously
optend-d that this section - open 10
hat objection. The supreme court of
his state rs well as the courts OF
ss1 resort of many of tue states, have fire.
uently been called upon 10 pass upon like
eeisiaiion. Ii hiss been almost uniformly
ED that provision fixing a Certain form
{ government, or prescribing the bound