The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1863-01-31
CHIEF JUSTICE.


AS this is a matter which seems to claim
a considerable share of public attention at
present, and as we are frequently inquired
Of respecting the true state of the case, we
have thought proper to present our readers
with the following statement of facts:
Sometime, We believe in August last,
Chief Justice Ewing announced through
the public papers his intention of retiring
from the Chief Justiceship and entering in
to the military service of his country and
after giving his reasons for this determine
ton, he avows his object in making this an
nunciation was, that the Republican conven-
ton, called to meet at Topeka, in Septem-
Der, might put in nomination his successor
In accordance with this avowal he received
a commission from Gen. Lane to recruit one
of the three regiments which he Lame had
been authorized to raise in Kansas, and pro-
ceeded to visit several parts of the State,
and finally succeeded in recruiting what is
now known as the Eleventh Regiment.
Sometime in September the members of
this regiment reudezvoused at Leavenworth,
and organized by electing its company and
field officers. Among the latter Thomas
Ewing was elected Colonel by the officers
of the various companies comprising said
regiment. He took the usual oath of office
was regularly mustered into the service,
and immediately commenced executing the
functions of his office-was obeyed as Col
~enei by all under him, aud recognized as
such by his superiors. AN this occurred
more than thirty days previous to the 4ih
of November last.
The Constitution OF this State makes the
Office of Judge of the Supreme and Dis
trict Courts Incompatible with any other
office of trust or profit under the ssthority
of either the State or United States.
Under tie above state Of facts it became
n question whether the Office of Chief jus
tice was vacant. Believing that Ewing, by
accepting the Office of Colonel. had vacated
his seat on the Supreme bench, the Union
party put Mr.. Gambel, and the Central
Committee of the Republican party, j. H.
Watson, in nomination for that Office. Wat
son was elected by about 5000 majority.
About the Goth of October last, Colonel
Ewing prepared written resignation of the
office of Chief Justice, and it is said placed
II in the hands of Mr.. Denman, Catholic
Democrat of Leavenworth, to be used ac-
cordiug to circumstances. A few weeks
before Gov. Carney's Inauguration, this re-
signation was handed to Gov. Robinson,
who, on the same day, appointed Mr.. Cobb,
and commissioned Colonel Ewing-Ewing
in,the meantime having received commits
Sion from the Secretary of War, to take eff
feet from September last.
: The outgoing Boardof State CaUvassers
refused to determine the vote cast for Judge
Watson and give him a certificate of his
election. The present Board has, however,
done SO, and Watson has had the oath of
office administered TO him by Judge Rug
giles. The question for the Supreme Court
to decide is. whether Cobb or Watson is en-
titled to the Office of Chief Justice If
Cobb, he will hold until the next election.
If Watson, he will hold for four years
Such, we believe, is substantially the
true state of affairs, Our own views about
the matter have already been expressed.