The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1882-06-08
TIE PLAIN TRUTH ABOUT JUDGES WHO
VIOLATE THE CONSTITUTION.
WICHITA, June Sd, 1882.

WICHITA, June id, 1SS2.
To the Editor of the Eagle:
In its issue of May 31st, the Newton Re-
pubiscdn, local newspaper, published in an
obscure town on the Santa Fe railroad, con-
tains an article from the Hon. J. W. Ady,
which presume was intended rs a reply to
my communication in late issue of the
Commonwealth.
Permit me first to relieve my friend Ady
of the nightmare that seems TO have been
haunting him, by saying that am not can
didate for any office, and at this time have
no ambition to reach the political Mecca
which he so graphically describes, and for
which imagine, knowing my friend as do,
he has such an infinite longing.
The propounder of the conundrum in the
Republican avoids the real issue. and seeks to
justify wrong by citing several 'illus-
trious examples" of wrong doing. Let us
flee OF judge for a number of years in dis
trict largely opposed to him politically, and
continued to hold the place by refusing 10
dabble in politics; but when he smirched
the bench with politics, the people refused
to sustain him. They are opposed to politi-
cal judges in that district.
w. II. Brown was a good and popular
judge. and might have continued to hold
that office had he continued to discharge
the duties to which the judgeship called
him, but when he made ii stepping
stone to seat in the House Of Representa-
tives, the people asked him "to step down
and out" This district is opposed to political
judges. Hadn't you better stand from UNI
der, ell, Ady?
These illustrious examples of wrong doing
violated the plain requirements Of our con-
stitution. but they did it like people die out
in Arizona-only once. The makers OF
judges and Congressman won't stand such
foolishness very often, or very long.
Horizons candidacy for U. S. Senator was
the outgrowth of the worst passions of the
most acrimonious political contest ever
known in Kansas, aud his defeat one OF the
most merited rebukes ever given to our SUI
preme judiciary.
l will admit that the election Of Senators
Christiancy and Davis was not violation of
the CUustllutfOu vi hdheds, ahu hsidiy
think Mr.. Ady, who claims to be a lawyer,
will seriously insist that it was.
Let us carry the argument Q.wil! dignity
the assertion by that name) that 'illustrious
examples" are sufficient excuse for wrong
doing, little further.
Topeka is the first city Of the State, and yet
the prohibition liquor law is "spit upon and
despised" there. Leayenworth, the second
city in importance, disregards the same law,
and smiles at its attempted enforcement.
Atchison treats the law as a mockery-all
these illustrious examples to the disgrace OF
the State, and yet MIR. Ady would justify a
violation of this law anywhere in the State,
because it is violated in the leading cities.
Bah, Ady; away with such sophistry, and
frankly confess that it is the intention to
crowd the judges through in spite Of consti-
tuition or public sentiment.
am very much inclined TO doubt whether
Mr.. Ady, the most gifted champion these
judges have, has very high regard for that
"old FOSSIL" the constitution, and don't
wonder that he desires to have it retired
from politics.
There was time when it WAS considered
unsafe, il not dangerous, to pursue course
forbidden by the constitution, but 1t seems
that honored instrument must not stand In
the way of the qualification Of personal and
selfish ends, or those unfavorably affected by
what its trainers considered wise restric-
tions, kick it aside with the nippant remark
that IT is an old fossil, and ought to be re-
tired. 1t would seem, to some, to be safer
to retire the whole horde Of judicial politi-
clans than to blot out one sentence Of our
hitherto respected but now fosslized char
ter.
1t will not be claimed that ''the judges
are In any way better qualihed than other
candidates, whose election would be no dis
regard of constitutional obligations.
1t is not denied that the election OF a
judge to Congress during the term for which
he was elected judge would be violation
of the spirit, and taking seat under such
election violation OF both the spirit and
letter of the constitution. and is only sought
to be justified upon the grounds that others
have done so, and Congress will admit them
The defense, stated briefly, is that IL man
can get into Congress, he is justified In us
ing any means within his power to accom-
plish his object, although he should he called
upon to trample under his feet the very con-
stitution he has sworn to support.
1t having been admitted that the election
of the character OF persons whom desc1b-
ed in my communication to the Common
toealfh, commonly known as political judges,
would be a violation of our constitution, let
us meet in convention on this issue, and
have square contest and square decision
on the question-whether the constitution
shall be regarded, and whether this "o'd fos-
silS or that other nuisance, about as old as
our constitution, political judiciary, shall
be retired.
1t may be Mr.. Ady is turning his eyes to
the bcnch-his Mecca-''waiting for other
mems Shoes" meanwhile asking How long,
o, Lordr' But if he should even be SO I'M
fortunate as to have judgeship thrust upon
him, and SO foolish as to accept it, feel con-
fdent he would regard his position too high
ly to make it serve his personal ends, and
use it as means of personal advancement
-eb, Ady! W. Z. STANLkf.