People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-08-15
HABEAS CORPUS.
Full Text Of Judge Fergusons Opinion in the
FaurOt Case.

NS VII DCh6Aboo DlAAs III DlN
judgment the act Is constitutional
especially as to that portion thereof
under which this action is brought. 1t
is clearly embraced in the title, and
nowhere seeks to interfere with the
rights of the voter to carefully con-
slider the fitness Of the different candi-
dates for Office and cast his ballot ac-
cordingly. On the other hand land
rightly, too it seeks to throw around the
voter safeguard and prevent the form
ing by few individuals of the same
political party, or of different parties,
combinations and rings whereby re-
ward of office, place or employment, or
something Of value is parceled cut to
each other, as for working for the
election Of each other or for some one
who will forward and aid their schemes.
To those who are seeking purity in poll
tics this is consummation devoutlv to
be wished.
The counsel for the defendant cites
many authorities In support of their
position, that the law is unconstitutional.
all clearly showing that the subject
matter Of the act must be embraced in
the title. This is good law, but goes only t.
the extent that the title mustrsfer to the
subject matter only in such away that an
intelligent person might reasonably sup
pose that the subject matter might be
found therein, and not that it should
be set out in detail. Otherwise. the title
would necessarily be as long as the act
itself. Now, the title of the act under
which this prosecution is brought is,
IAN Act to Prohibit the Corrupt use Of
Money and Corrupt Practices at Elec-
tionS." Can it be for a moment con-
tended that if some person does an act
over month before the election, but
bearing directly upon the result of the
election on the day it is held, that the
act is not violation Of the law, and
the title br, enough to embrace IT.
| think not.
The defendant is charged with having
entered into an agreement to vote for
the public printing to be given to the
Sumner County Standard, which is a
Democratic organ, while the defendant
was a member of the board of county
commissioners, under conditions and fol-
the express purpose Of inducing said
Standard to work for the election of the
Republican candidates of that year
That is the language of the warrant.
Now, that an agreement of some kind
or an understanding, existed between
John I. Stewart and the defendant, thai
the defendant was to vote for said paper
to have the public printing, taking al
the evidence together, cannot be doubted
by any unprejudiced and impartia
mind, and that said agreement was moi
In accordance with the highest and bes
ideas Of good citizenship and faithful
performance of duty In office.
The question is, What kind of al
agreement, and was it because sale
newspaper should advocate the election
of the Republican nominees? The evi
dence goes to show that the Sumner
County Standard, prior to said agree
ment and at the time thereof, as wei
as afterward, was the Democratic orgar
OF Sumner county, Kansas. 1t hat
been, and was to continue adyocatinI
the claims Of the Democratic nominees
and urge the Democrats to vote for tn,
same. Nowhere is 1t attempted to SHOW
that voters were to be urged to vote TO
Republican candidates.
Now, while the legislature did no
Intend to make 1t crime for person o.
newspaper to urge voters Of their owl
political faith to support the nominee
; Of their party, although the lndirec
result, be In favor of some other party
yet 1t did intend that if, In accordanc,
with an agreement whereby there wa
promised office, place or employment, t,
pursue such course which 1t would no
otherwise pursue, then this act make
such conduct or agreement a crime snC
Furnishes the party thereto.
The evidence in this case discloses tn
fact that there was on the Republican
ticket a candidate for district Judge
county treasurer, county clerk, sheriff
register Of deeds during the fall Of 1893
There is no evidence to show that an
Of these candidates knew of any agree
ment whatever. There is evidence tha
W. J. NewbOld, candidate for registe
Of deeds, took letter from John T. Stew
art to the defendant, and carried it +
South Haven, delivered it to Charles Sad
Ter, candidate for county clerk, who a
the time was postmaster at South Haven
and whose sworn duty 1t was to receiy
the same and mail it to the person t
whom 1t was addressed. No eyidenc