Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1898-02-26

Ira G. Balcom VS.. A. S. Peacock.
Error from Trego county; affirmed.
Syllabus-By the Court-Johnston J.
1. The courts for the trial of con-
tested county elections have no liked
tenure or permanent character, but
are only called into existence when
contest is instituted.
2. court is organized for each
contest instituted, and therefore more
than one court may be in existence at
the same time.
3. The probate judge is the presid-
ing officer of the court, when not dis
qualified to act, but after he organizes
a court and the trial is begun he can
not destroy the organization or nullify
the proceedings already had by will
fully withdrawing from the court or
refusing to sit with his associates.
4. After the probate judge had or
ganized contest court and some pre-
liminary motions in the contest had
been heard and determined but the
trial of the merits had not been COM
menced, the term of the probate judge
expired. Held that the expiration of
the term did not work dissolution of
the court, nor make it necessary to re-
hear and determine the preliminary
motions already decided; and that 1T
was the duty of his successor to unite
with the two associate judges in hear
ing and determining the merits of the
controversy.
5. bond for the payment of costs
filed at the commencement of the con-
test which is approved by the probate
Judge is not deemed invalid because
it runs to the State of Kansas, instead
of to the cOnteStee.
6. The evidence examined and
held to be sufficient to sustain the
Judgment of the trial court.
All the justices cOncurring.
Observation-Disclosures, who succeed at
none, are always envious of the sue
cess of others; hence the Independ-
ent befouls itself trying to be-iittle
the county superintendent's success
full work and, especially, the endorse
ment by the supreme court of his con-
tention-that he is rightfully entitled
to his office. 1t is now pretended
that Will Morgan, G. w. Staplin,
David Emery, Chas. Sigler, John
Smith, Photo Brown, Geo. Baker, of
Topeka, A. S. Bailey and L. B. Gray
all voted for Peacock and were all ille
gal voters. 1t is untrue.
Will Morgan voted here for years
is employed where Morgan was
then, and has a position as perma-
nent as Sigler's, came up this fall
to vote for the man who got him
the job. His vote was not questioned
and no one cares if he did come on. a
pass.
Staplin had not cleft the county.
because he and his goods and chattels
were here. He did not vote in Ellis
and if he did it was easily proven.
Fifty cents would have paid for the
proof only eighteen miles away.
David Emery had voted here for
years and all his personal effects were
here and had been right along except
the clothing he wore to and from his
work.
Chas. Sigler was raised here and
never voted elsewhere. That he had
a right to vote here is proven by the
fact that Frakes offered to pay his way
back here again this fall if he would
come back and vote for Frakes. That
shows how permanent" Frakes con-
sidered Charles job.
Alfred Bailey grew up in the county,
was and is a homesteader, has been
and is now a teacher of the county
and never voted anywhere else.
Gray had voted here for years. held
a residence here at the time and was
and is yet a teacher in the county and
still lives in the same house except
when away teaching.
There is no evidence that any of
these men voted for Peacock. 1t
makes no difference how they voted
and it's no ones business because they
had as much right to vote here as Mr.
Balloon himself. 1t makes no differ
ence where they are now or have been
since that election. Probably none of