The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1882-06-01
CONCERNING CONGRESSIONAL CANDI-
DATES.

| kicda of the oath, under the head of ''Politi-
cal Straws," was from the Walnut Valley
Times, and reads. "0ur guess, Holt, Peters,
Perkins and Morrill, will take the spoils in
the at large convention"
The item above quoted is suggestive. OF
| the four gentlemen whose names are men.
| toned, three Of them are now judges of The
district courts of their respective districts,
| and elected for terms that will not expire
| until after the election of members of the
| next house of representatives.
The question presented is whether any
person holding the position of district Judge
can afford to allow his name to be presented
| as a candidate for congressman TO ill term
covering any portion of the time for which
he was elected judge, and if he does allow
his name to be SO used, whether the people
can afford to nominate and elect him.
Section 10 of article OF the constitution of
the state provides ''tbat no such judge shall
hold any office of profit or trust under the
authority of the state or the United States,
during the term of Office Tor which said
judge shall be elected"
1t is universally conceded that our jutlici-
| AIRY ought to be entirely removed from pOit-
zeal influences, and that political judges are
to say the least, very uncertain pledge OF
the honest and competent administration of
the laws.
The last published report of the Kansas
supreme court contains decisions in one hun
'ired and forty-two cases taken upon error,
of which eghty-six were affirmed, and fifty
six or nearly one-half, were reversed or
modified. This is certainly bad condition
Of things, and presents the law, as expound-
ed and explained in Kansas, rs little better
than lottery, or n game of chance, in
which heads win, tails lose.
Taking this report referred to as fair
sample, and the uncertainty OF the law is
not so much, owing to the whims and va
carries of juries, AS the inexcusable ignor-
ancc of the courts, as shown by the records |
Nine-tenths OF the district judges of Kansas |
elected during the last ten years have made |
use OF their Office ms means Of political adj |
yancement, and to such an extent has this |
been carried that the existence of a newly |
elected judge has become identical. in most |
every case, with a newly -fedged candidate |
for congressional bonors.
If the district judges Of the state, during |
the past few years, had been as careful to |
comply with the requirements of the consti- |
tuition as they ought to have been, and had |
devoted themselves TO the duties which the |
law imposed upon them, and to the dis
charge Of which they had been called by the
people, as they have been to aspiring and
scheming for congress, our law might have
been better settled aud in some measure
redeemed from the present system q OF pro-
miscuous guessing.
There are exceptions to this general rule
and few painstaking, careful and devoted
judges in the state have been and are still
doing much to give TO our laws something
OF certainty and something Of dignity to our
practice.
The last several sessions of the legislature
have been beseiged to reduce the size and
increase the number Of judicial districts,
upon the plea that many OF the judges were
overworked, and yet during all OF such time
there has not been judge who has not had
plenty of time to make his calling aud cleo
ton TO congress) sure.
There can be no doubt as 10 the intent of
the trainers OF our constitution. They in
tended to prevent the very state of things
which now exist, and also intended that
was elected he should give his entire time
and attention TO his judicial duties.
We have heard great deal lately about
the law,' &C., and have been
rightly, too-that disregard Of
Dr. disrespect for one law would work n
lisreg ard for all, and to lawessness and dis ,
order, and yet we have in these political ju
lists a class of men whose special Guty ii is
o see that the laws are properly construed /,
md enforced, violating both the spirit and
etter of the constitution from the very day
hey become judges-and candidates for
congress.
1t will not do to say that congress, being Z
he judge of the election and qualifications
# its owDlmembcrs, can disregard the con- >
tituticn Of our state and admit whoever 1t +
,ieascs. 1t does not change the fact that no
district jddgc can hold a seat as representa-
i've in congress during the term for which /,
le was elected judge without there being n
deliberate violation of the constitution to a
which have referred. 4
The constitution and laws of our state
mean something, and if we had less bun n
ONE about respect for laws, and better ex- b
IMPLIES by those whose duty il is to lead the a
way, the people would not be slow to fol- "
ow. Respectfully, b
W. L. STANLEY o
(The Commonwealth says, in answer to the
boye, that Judge Perkins time is out In IL
uy. We guess not. Judge Brown was Ii
lected from the bench also. As an evidence o.
{ the binding effect OF such a constitutional W
lause as viewed by high authority, we
uote the following opinion based on a pro- W
ision worded exactly like the one in the p'
.ansas constitution. substituting Judge for p
and Senator.-ED. EAGLE. a
WASHINGTON, ID. C. May 2S.-AttorDey et
eperal Brewster's letter to the President W
Ex-Seeretars Kirkwood's eligi p,
ility for position on the tariff commission ae
as given for publication. 1t recites the e,
4ct OF KirkwoOd's resignation from the
resent Senate and the desire Of the Presi- "a
ent and hope of the cabinet that he be one da
the commission, quoting the section Of ed
Re constitution prohibiting Senator or in
from holding civil Office pr
eated during the term for which he was
ected. Attorney General Brewster says OF
at the language is too plain TO be mistaken pr
at he has searched in vain for the prece- ac
mt to help him out Of the difficulty, but is ag
reed to declare that Mr. Kirkwood is in th
igibie generally. mi