Thomas County cat. [volume] (Colby, Kan.) 1885-1891, 1886-02-18
.are or less, in Tie active work Of his pro-

tession.
Ex-Judge O. E. Learnard resigned the
Indgeship of the 9Th judicial district
% July IA, 1861, to accept the lieutenant
eo!onelcy of the First regiment of Kansas
volunteers. He il now one of the leading
officers of the Southern Kansas Railway
company. residing at Lawrence.
In addition to the persons named, seven
y three others have been elected or appoint
ed district judges of the state, some of
whom, however. only held their positions
few months, others have been elected
and reelected. Time will not permit me
to recite their names.
The judicial districts have been in
creased from Eve to twenty-one, with a
superior court in operation In Shawnee
county, having equal Jurisdiction with the
district court of that county, save in few
excepted cases. Bills are now before the
legislature to make further increase of
judicial districts. The number of MEM
6ers of the supreme court is the same as
1861. A constitutional amendment is pend
ing before the people, to be voted
on at the next general election, to add
more members to the supreme bench, so
that it may promptly and properly dis
patch the business with which it is
flooded.
1t is often facetiously remarked that
Judges scarcely ever die, and none re-
sign" This is hardly applicable to Kan
sas. The following is the death-roll of
judges: Mcdowell, Ruegles, Watson,
Graham, Goodin, Price. Garfield, Voss,
Broadhead. Banta, Lowe. Stephens and
Safford-thirteen in all
The following judges have resigned ju-
dicial positions: Ewing. Kingman, Lee,
Learnard, Horton, Thatcher, Lowe. Good
in. Humphrey, Brown, Price, Peters, two
Webbs, Morton, Brewer, and Orner-sev-
enteen in number. Lowe. Goodin, Brown
and Peters resigned to serve as members
of congress. At the session of the state
legislature in 1874, owing to the resigna-
States Senator. vacancy existed. The
friends of Chief Justice Kingman obtained
his consent to present him as candidate
for the office. Being member of the
house of representatives, was selected to
place him in nomination. He was not
successful, as Hon. James ~ Harvey was
The victor. Without disparaging
the merits Of others, l am
more than satisfied that il
Chief Justice Kingman had then acquired
= seat IN the national senate. he would
achieved fame for himself and the senate,
lneclipsed by any senator Kansas has
chosen. A true chapter Of the commenc-
ing and ending of that senatorial contest.
wo I'D disclose conduct of pretended
friends of Judge Kingman beside which
the treacherous kiss of Judas could be COM
mended. He was not defeated by his
enemies, but by the supreme selfishness Of
those who had induced him to be sena-
torial candidate, and who had early
promised him their earnest and loyal sup
port.
Although section thirteen of
article three Of the state constitution
ordains that the judges of the
supreme and district courts shall
not hold any other ofiice of profit or trust
under the authority of the state or the
United States. during the term of office for
which they are elected. this constitutional
inhibition has been nugatory to prevent
the judges of the state from being senator
ial or congressional candidates, or from
accepting positions upon the federal judic-
iary, simply because the government Of
the state Of Kansas has no control over the
eligibility or qualifications of officers of the
Uuited States. If Judge of the state &C.
cepts seat in congress. or any office under
the United States, the tribunals of the state
are powerless over the matter, for congress
passes upon the qualifications of its MEM
Ders and the state cannot interfere with
the tenure of office which the United
States may prescribe for its officers. As
the provision is wholly without force to
render a Judge ineligible to congress, or
to an Office under the United States, it
were better, perhaps, that it had been
omitted from the constitution, and no
attempt made to reach jurisdiction be-
yond its power to assail. There are some
limits, even to state cons tuition, and
some precincts where its mandates are i'm
potent.
Two courts of record, not specifically
named in the constitution, have been Gre
ated by legislative enactment since the adj
mission of Kansas as a state, viz: The
criminal court of Leavenworth county, and
the superior court of Shawnee county.
The cri ninal court of Leayenworth county,
established March. 1862, had conferred up
on it the same criminal jurisdiction that
had been conferred upon the district court
of that county. The probate Judge of the
county was er-oDicio the Judge of the
court. The court, however, was abolished
March Is, 1875. During it's existence, the
following persons were the judges thereof:
Hon. D. J. Brewer. Hon. Peter McFar-
land, Hon. Barzillai Gray and Hon. Byron
Sherry. The superior court of Shawnee
county was created by the legislature
March Z. 1885. for the period of two years.
and Governor John A. Martin appointed
Hon. w. c. Webb its presiding judge.
Of two of the district judges, who have
died, purpose to speak more fully. They
are Nathan Price and David P. Lowe. |
knew them intimately and well. The first
resided in the northeastern, and the other
in the southeastern part of the
state. They were of different tenn
perment and possessed very different
qualities and talents-yet both we're law
yers and judges of much more than aver
age ability.
Price was member of the Osawatomie
convention. held May Is, 1859. After the
commencement of the great rebellion, he
enlisted and was commissioned captain n
one of the companies of the 10th regiment
of Kansas volunteers He remained with
his regiment until it was mustered out of
service August 10, 1854 On November 8,
4 e l.