Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1883-12-13
sIRAInIne Ara enAr.


The Constitution OF this State provides
that no Justice OF the supreme court or
judge of district court Of Kansas ''shafl
hold any other Office of trust or profit un-
der the authority Of the State or United
States, during the term OF Office for which
said justices and judges shall be elected"
No law to enforce this constitutional
provision was ever enacted until last win
ter.
The purpose Of this constitutional pro-
vision was to prevent judicial officers from
holding or seeking other civil places.
There is grave doubt, however. whether,
without legislation to enforce it, the pro.
vision has any binding effect. A constitu-
tional enactment does not enforce itself.
1t is doubtful, also, whether State can
prescribe any qualification for Represen-
tative in Congress that is not prescribed by
the constitution and laws Of the United
States. If Kansas judge was elected to
any State or county office during his judic-
ial term, he would undoubtedly be ineligi-
bic. But the position Of Representative in
Congress is United States, not State o.
flee, and the constitution and laws Of the
United States specifically define the only
qualifications necessary to constitute eligi-
bility to Congress.
Judge s. X. Peters was elected n Repre-
sentative in Congress from this State, in
November, 1882, by a majority Of 10, J02.
His term OF office as judge had not expired.
An attempt was made to obtain an iDjuno-
ton restraining the State Board OF Canvass
ers from canyassing his vote and granting
him certificate Of election. The courts
refused TO issue such an injunction.
Now it appears Governor Click "and
other State officers have sent Mr.. Spring.
er, of Illinois, a protest against the admis-
sion OF Judge Peters, ION the ground that
under the constitution and laws of Kansas,
he is ineligible to hold Office" There was,
however, no law of the State OH this SUBJ
ject until some months after Judge Peters
was elected and had resigned his position
as judge.
The governor appears to be much dis
tressed over the awful results that might
follow this doubtful infraction of the con-
stitution. Nearly one hundred thousand
legal voters of Kansas majority of IS, 5O2
OF all the votes cast-elected Judge Peters
TO represent them. But the governor and
his adjutant-general-who constitutes, no
doubt, the ''otber State officers" mention
ed-are SO distressed in mind and tortured
in spirit about it that they have sent to
Washington n foraal protest.
As the governor and his Acknowledgement
appear to have developed very ardent de-
yotion TO the constitution and laws of the
State, and are sitting up nights devising
ways and means to prevent Congress from
countenancing any infraction Of them, it
may not be out of place to direct their at
tention to the following section of the con-
stitution Of Kansas:
1.-THE manufacture and sale of intoxicat-
ing liquors shall be forever prohibited in
this State, except for medical. scientific
and mechanical purposes"
This constitutional provision was supple
mented by the enactment of u stringent
law, providing penalties for its violation.
The governor and his 'iother State officers
meaning his adj utant-general, for no 9th
er State officer signed that "protest"-took
4 solemn oath TO respect and support the
constitution and laws OF Kansas. 1t would
be much more creditable to them if they
would devote some of their time, energy
and influence TO the duty of enforcing these
provisions of our constitution and laws
which are entirely within their jurisdiction
rather than TO DISTRESS themselves over a
technical and doubtful infraction Of con-
stitutional provision by the action of Con-
gress. The governor and his "other State
officer" while straining at gnat are swal-
lowing very large camel. They are at
tempting TO defeat by bubble the will of
the people, fairly expressed in the election
of Judge Peters, while at the same time
they are neglecting plain duty near at
hand. They are distressing themselves
about a shadowy infraction Of the const-
tuition away off at Washington, while ig-
noring and encouraging the substance of
Notwithstanding and law-breaking at
home-Chdmpion