The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1873-12-11
JUDGE KINGMAN ~ CASDiDATE
rnR sFNsrOH-f1 k.E ELIGlRLE.

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FOR sENkTOK-ss HE ELIGlHLE.
We see that the Topeka Blade, OF the sth
of this month, j. quite enthusiastic in favor
of Judge Kipgman for the vacant Senator
ship, Ii mi si,, be a little more in accord
ance with the fitness of things for that hon
orable sheet, not yet three months old, to
wait till i, was "dry behind the ears' in its
Kansas existance before il seizsd the labor.
ing oar in the selection OF the United States
Senator. But, although it requires six
months residence TO vote in this State, to be
candid, We know of no constitutional objec.
ton to the honorable Blade making the next
Senator from Kansas. and only mention the
fact of 1t, brief existence in this particular to
| show the generous nature Of Kansas political
soil that can bring forth a Warwick and
perfect him to full growth in the twinkling
of an eve. In the dim recollections Of our
boy-hood's neurological readings We remem-
Der of Goddess, full grown, eprInging from
from the brain of Jove. The realities
of stern political life in Kansas have pro-
duoed counterpart to the old Hydrologic
story; but as we have said, we have no legal
or constitutional objections. We canno. cay
80 much as to the proposed Senator-toward
Judge Kingman personally, We entertain
none but the kindest feelings. To his selec-
ton for the Senatorship We have two
constitutional objections.
FIRST, He is now the Chief Justice Of the
Supreme Court of this State, and as such,
has taken and filed an oath to support the
constitution of the State, which is the Sc
preme law and will of the people of this
State. Art. 3, sec. IS, of that constitution
provides that no judge shall ''hold any other
office Of profit or trust under the authority Of the
State, or the United States, during the term Of
Office for which such judges shall be elected.'
/, is evident from this that the people Of
this State. in passing and adopting their Or
ganic law, intended to prevent the
judiciary Of the State from intermeddliDg
in the strife for office. They
intended that the Bench should be safe
even from temptation to do wrong, by pro-
hibiting the occupants thereof during the
term for wlich they ,rers elected, from other
places of honor or trust, either under the
State or Federal Government. We are
lawyer enough to know that as mere tech
dical question, this provision of our State
Constitution might not prevent valid cleo
ton, but can any man holding this sacred
trust of Chief Justice, and holding it under
the language We have quoted, plead a tech
nicality against the word and spirit of his
pledges that if elected Chief Justice be would
not, for his term, seek, or permit others to
seek for him, any other Office of honor or
trust. The people made that provision Of
the Constition for purpose, and a sacred
one, and we therefore hold in substance in
essence and in spirit, the State Constitution
forbids the election of any Judge during his
term, to any office.
And We have another constitutional objec-
ton to Judge Kingman, and for him We re-
gret to say it is his own constitution.
Physically, it is melancholy fact that
Judge Kingman has been for more than a
year past almost totally unable to perform
the duties of his present Office, and that cases
assigned to him to be decided and opinions
rendered had to be taken by his associates on
the bench; if be be unable to attend to his
duties as Chief Justice, if by reason Of such
inability parties have been compelled to
wait at the door of the court room year af-
ter year in the vain hope OF getting their
cases decided, how would it be reasonable to
expect that he could attend to the varied
wants of our young, vigorous and growing
| commonwealth in the Senate chamber of the
United States, where constant and unwearied
work and vigilance are demanded ? 1t is
simply absurd to say that Judge Kingman
could, with his physical in6rmities, be the
representative in any sense of the robust
and vigorous people of Kansas the times
demand live men-men of physical and
mental power, men who are always on hand
late and early, in good weather and bad, in
sunshine and in storm-to uphold the honor
and interests Of our State. As we said, we
have written this in no spirit of unkindness
to Judge Kingman, but because We have
faith that it was our duty to say what we
have said, and we submit our views to the
good sense and intelligence Of the State.