The Wichita daily eagle., 1894-01-04

their election. Neither" said he, "did
anybody ever question the legality of the
district until Webb and Schaup went into
the big ring of the Sixtyseventh district
to play marbles. Webb heat Schaup, and
the latter came into court crying and play
ing the baby act.
In 1889 the legislature passed a special
act allowing the commissioners of Sedg-
wick county 81 200 year for their services,
and as the commissioners in question were
elected in the districts as they now stand
and have stood since 1856. that body recog-
nized them as legally elected commission
ers, and hence recognized the districr IS
which they represented. He also showed
how and where the commits sioners recog-
nized the districts by canvassing votes and
admitting members elected without OBJ
lection. In many other ways he demon
sirated the recognition of the districts by
showing how both Webb and Schaup can
vassed the districts, that they were nomi-
mated by delegates from all the townships
in the Slx,y-seventh representative dis
trict, and not by Minneha, Gypsum. Wich-
ita and Rockford. He said Il g under no
circumstances would Schaup be elected;
for il all the townships would be
thrown out except Minneha, Wichita,
Gypsum and Rockford, the election would
be illegal and quoted Judge Cooley very
literally who is accepted as authority on
such matters. 1t would be Illegal because
LOO votes in the district would be dis
franchised. They were not furnished with
ballots, ETC., and hence could not exercise
their franchise for the office of commits
sioner. ''Suce an outrage would be against
the genius of our institutions" said Col
onel Hallowell, land would not be toierat-
ed in a country like ours" According to
all the best authorities no election can be
legal in any district or other political sub
division of country, whel part of the
legal voters are disfranchised because they
are deprived of the means of exercising
their franchise.
Colonel Hallowell cited many
authorities in support of this proposition
and the court listened attentively to them
The matter of the second precinct of the
Sixth ward WAS dwelt on at some length
10y Colonel Hallowell. He insisted that if
they were to decide that the votes only Of
the townships of Wichita, Minneha, Gyp-
the vote of the second precinct of the
Sixth ward should be included in Wichita
township and the vote cast by
the people thereof should be counted.
at the time the change was made
by the Legislature making the
commissioners district co-extensive with
the representative dis rict, Wichita town
ship, was then as is now, in the Third dis
trict, and at that time also all of the
Second precinct of the Sixth ward was in
Wichita township. and hence in the Third
district. Since that time, however. the
city council took that part of Wichita
township embraced in the Second precinct
of the Sixth ward into the city. The
position of the contestor is that the legis-
lator could not form commissioners
district, and upon this proposition their
whole case rests. On that theory, then,
the attorneys of the contestor contend
that the council by its act IN taking a
part of Wichita township into the
city did not or could not change the line of
the Third commissioner district and that
if the theory of tue confession Is correct the
second precinct of the Sixth ward is still Il
part of the Third commissioner district
and the votes cast therein should be count
ed with the votes of Wichita township. In
that event Webb would have q clear ma
jority of 81 and should be given the seat
to which he Was elected. No matter which
end of the dilemma viii be taken, there
seems TO be no way of beating Webb out
of his seat.
1t would be vain to attempt to describe
Colonel Hallowelrs speech adequately.
IL was very eloquent and powerful
and was replete with logic. His c.imaxes
were very dramatic. and altogether his
speech was pronounced by attorneys 20 be
one of the best efforts Of his life.
Judge Sankey followed and spoke for
about three fourths OF an hour, when the
court adjourned tilt morning, at which
time Mr.. Saukey will resume the argu-
ment, and finish about noon
y nice, bright little baby boy, SIX
months old, the mother abandoned By the
father, and the Baby abandoned by the
mother. was eft at the orphans home yes
terday afternoon, which can be secured for
adoption by the right parties, or by any
one who wanting such baby As their
own can satisfy the home that they are
all right Here's a chance for baby that
vii! soon be Crawling aud walking aud do.
ing his own eating.