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W estern Kansas W orld.
Established March'l, 1879. Official Paper of the City of Wt-Keeney. Saturday, February 26, 1898. REPUBLICAN JUDICIAL CONVENTION- A delegate convention of the Republicans of the 23rd Judicial district will be held at Ellis. Kansas, on Tuesday, April 19. 1898. at 10 o'clock a. m., for the purpose of nominat ing a candidate for dist rict judge. The basis of representation will be one delegate for each 150 votes and major fraction thereof cast for W. C. Edwards. Secretary of State in 1896, and on delegate at large from each count v. Under apportionment agreed upon the sev eral counties will be entitled to delegates as follows: Kussell " Ellis .... 4 Trego. . r 8 Gove 3 Iogan 3 Wallace - By order of the committee. Geo. V. York, li. P. McKnight. Secretary. Chairman . THE SUPREME COURT SPEAKS. No. 10874. 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 fixed tenure or permanent character, but are only called into existence when a contest is instituted. 2. A 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 a contest court and some pre liminary motions in the contest had been heard and determined hut 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 a dissolution of the court, nor make it necessary to re hear and determine the preliminary motions already decided; and that it was the duty of his successor to unite with the two associate judges in hear ing and determining the merits of the controversy. 5. A bond for the payment of costs filed at the commencement of the can 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. J acks-a trail-trades, who succeed at none, are always envious of the suc cess of others; hence the Independ ent befouls itself trying to be-little the county superintendent's success ful work and, especially, the endorse ment by the supreme court of.hiscon tentionjhat he is rightfully entitled to his office. It 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 I. B. Gray all voted for Peacock and were all ille gal voters. It is untrue. Will Morgan voted here for years and no where else. Ed. Escher, who 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 "left 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 Charlie's 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 vet a teacher in the county and still livesrio the same house except when away teaching. There' is no evidence that any of these men voted for Peacock. It makes no difference how they voted and it's no one's business because they had as much right to vote here as Mr. Balcom himself. It makes no differ ence where they are now or have been since that election. Probably none of them are any farther away than Frakes and Loomiller are at this very moment and all may get back before the latter gentlemen return to their homes in western Kansas. Photo. Brown was considered a pop ulist by all well informed Kepubli cans. Peacock did not attempt to throw out the vote because Brown probably held a valid residence here-. He was not too far away, and certain ly voted for Balcom. Of John Smith's politics it is enough to know the gang he trains with. His vote was not challenged which shows that the gang were satisfied to let him vote legallv or not legally for their candidates. Baker came into the county with Artz and Fordice and had exactly the same standing as Fordice except that he made settlement ononis claim be fore Fordice did. The Artz gang weFe all pops. Baker voted unchallenged only because he slipped his vote in while the republican challengers were at dinner and afterward laughed at tbem about his cuteness. John Zeman repeatedly said he would vote for Balcom. He afterward repeatedly said he voted for Balcom. He also said he would not vote for Peacock. No doubt he was advised to swear differently but on the stand his courage failed and his conscience prevailed. It was painfully evident that he had been told to swear that he voted for Peacock but he could not, would not and did not do so. He con vinced all his hearers that his repeat ed statements were true. He swore he voted the democratic ticket. 'Joe Zeman" did not figure in the trial in any way. Peacock had twenty days in which to get evidence. Balcom had sixty. The assertion that Balcom lost his case because he was a poor man is a strange comment upon the populist supreme court. This poverty talk is all buncombe. He is as wealthy as his competitor. Furthermore, the Independent said that a meeting was held at the office of I). H. Henkei, long before the trial began, for the purpose of raising funds to assist Bal com. Frakes, Olson, Henkei and TJf ford were there. What became of the money? Did Balcom get the benefit of it? Do these "poor men" now make Balcom's poverty an excuse for soliciting another party contribution or subscription to reimburse them selves? It is known that one of them made such a plea several months ago. Everybody knows that-there was no personal controversy between Balcom and Peacock. The contest was be tween Peacock and the men who rais ed the money to prolong the fight and Peacock won in spite of all the devil try their wits could devise or their money could buy. This gang sent a man "to Topeka to see Baker and to Emporia to see Bailey and could have taken their depositions at 50 cents a piece, if the evidence was such as they-were hunt ing. The expense .could have been divided between Musgrave and Bal com and the evidence used on both cases. The same man could have taken .Morgan's deposition for 50 cents, making $1.50 in all. Albert Christiansen was brought to town on his own expense and could nave been used on .both cases. Gray was also subpoenaed by Balcom and kept here at Gray's expense, and Mr. Balcom could have put these men on the stand without costing him one cent. If all these men cast illegal votes for Peacock then Balcom could have saved his case at a total expense of $1.50 of which Mr. Musgrave might equally pay one-third. Smith was also right at band and his evidence would not have cost Balcom one pen ny, if he could use it. Any fool knows that before the trial that there was no record to transcribe and conse quently no expense to be incurred in that way. The real trouble was not on account of expense but because the evidence all proved the wrong thing for the purposes of Balcom and his co adjutors and so, as the Independent says, they had to rely upon the "mer its of the case" which gave them dead away. . Technical means "pertaining to art" so they adopted the art of the burglar and took posession of - the of fice by burglarizing it and prepared to hold it by force. , This was done notwithstanding the law gives the re tiring superintendent ten days after the close of his term in which to transfer possession of the 'records of the office and notwithstanding that there was a. fair and honorable agree ment between the principals that such trrnsfer would not be made until the contest court rendered a decision which did not take one-half of ten days. V , " - - The story that "Dock Jones" insti tuted these contests was all campaign thunder. Everybody knows that he had nothing to gain or lose- either way. Peacock hunted his own evi dence. He was morally certain that he was honestly elected and that he could prove it. He began his -contest as" a duty which he owed to the pub lic, to his friends and to himself. He has paid his expenses without one cent of tribute from any, person, par ty or committee.' He has been suc cessful over all the obstacles which the wealth and brains of the domo pop managers could bring, to bear. His courage has never, failed. -He neither feared nor asked the favorit ism of a partisan court. He believes that he deserved to succeed and the supreme court is unanimously of the same opinion. Read the decision. HOMESEEKERS' EXCURSION. Tickets will be sold on the first and third Tuesday of January, February and March via the Union Pacific to points in Missouri, Arkansas, Indian Territory, Oklahoma, Texas, Louis iana. Arizona and New Mexico", where the minimum round trip rate is $7.00 or over, at one fare for the round trip plus $2.00. For exact territory and full informa tion or tickets call on or address, E P. Bradshaw, Agent. A GOOD LETTER From the ClerK of the Circuit Court- Feknakdina, Feb. 28, 1896. Mr. J. George Suhrer, Druggist, City. Dear George: Please send a bottle of Chamberlain's Cough Remedy. I would not feel easy if I knewttuere was none of this valuable Remedy in the house. I have given it a fair test and consider it one of the very best remedies for croup that I have ever found. One dose has always been suf ficient, although I use it freely.- Any cold my children contract yields verv readily to this medicine. I can con scientiously recommend it for croup and colds in children. Yours respectfully, Geo. E. Wokff. Sold by Jones & Gibson. - A New Patriotic Song. "MISS LIBERTY" an American patriotic march song, arranged for piano and organ, the first of this char acter to be issued since the war, has just made its appearance. It-is writ ten in swinging march time, is full of melody and is dedicated to the school children of America. In recognition of it, President McKi'nley has written the publishers congratulating them on the successful production of a new national song. The title page is beau tifully lithographed in live colors. One copy of "Miss Liberty" includ ing a three month subscription to American Popular Music will be sent to any address for 30 cents. - , Address Popular Music Co., Indianapolis, Ind. What Dr. A. E. Salter Says. Buffalo, N. Y.-Gents: From my personal knowledge, gained in observ ing the effect of your Shiloh's'Cure in cases of advanced Consumption, I am prepared to say it is the most re markable Remedy that has ever been brought to my attention. It has cer tainly saved many from Consumption. Sold by Jones & Gibson. Nervine Coffee- Dr. Martin's 3sNg The Food Substitute for Coffcef is a highly valuable compound of choice rich cereals, which are so skillfully blended to gether that when prepared ac cording to directions, so closely resembles rich Mocha and Java, that one can scarcely discern the . difference. Yet there is a difference a vast difference. 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