The advocate., 1890-01-30

are still plainly and unequivocally bound BY
the constitutional inhibition until tho expi-
ration Of the term for which they have ormay
bo elected. The intent with which this pro-
vision was inserted In our constitution, and
adopted, was that our high judicial officers
might be removed, as far as possible, from
the temptation 10 use tho power and indu-
once Of their positions unw0rthily Of their
Advancement TO prevent their minds from
being distracted from their legitimate du-
ties by ambitious hopes and striving for
places 10 raise them above those political
and partisan contests 80 unbecoming tho
expected purity, impartiality and oalmnosa
of tho judicial character. Its effect is 10
prevent the acceptance Of any other Office,
by person, the term OF whose judicial Of
fec has not expired, and 10 such acceptance
void
SUPREME COUNT oobIhussioNERB.
AS a relief measure TO tho Justices Of tho
supreme court the Legisturo Of 1887 mado
an enactment that provided that tho COVER
nor, by and with tho advice and consent Of
the Senate should appoint three commits
sioners Of legal learning, whose duty II
should be 20 aid and assist tho court In tho
performance Of It's duties In the disposition
of the numerous cases pending in said court,
whose term Of Office is three years, and their
salary tho same as the Justices Of the court.
Tho Legislature Of 1880, virtually re-enaCt-
cd tho law Of 1887, 80 that three OF those
will hold their places from March /, 1900 10
March 1, 1893, inclusive.
The net Of 1887 having been declared con-
sttutional, 1t might seem 10 be unneces-
sary TO have submitted another judicial
amendment TO DO voted upon In 1900, and
yet II is before the people, providing for
four additional Justices OF tho supreme
court, the ineliglblity clauses retained, OK
cept as to judicial Office.
SUBSTANCE OF THE SECOND JUDICIAL AMEND
MENT
A lawyer legislator from Morris county
vonturod TO introduce House Joint Rosolu'
tion No. g. which is the judicial amendment
TO DO voted upon next November II 10 cer-
tainly unique. II thus proposes TO blot out
section IL OF article OF the constitution
and leave for II no substitute;
"Tho Constitution of tho State Of Kansas
is hereby amended by striking out the whole
OF sections and 10 Of article 3 of the consi-
tuition and inserting in lieu Of said sections
the following, which shall constitute section
2 Of article OF the constitution
II dlsayows any necessity for legal acQuisi-
tons for justice Of the supreme court in tho
following:
"Any oleotor Of tho State shall be eligible
TO be elected or appointed justice Of the SUI
preme court"
Tho foregoing is tho toxt Of tho amend
mont as IL is printed in the session laws Of
1889, but il does not 80 appear TO have passed
in tho Legislature.
Provision Ia made for tho appointment OF
four additional Justices by the governor (if
the amendment carries) and they shall hold
until the next general election hereafter,
which would bo November 1891. Then their
successors shall be elected 10 serve reSpec-
lively until the second Mondays OF January
1894, 1896 and 1885, two Of whom win serve
TO the lattor date; tho present members OF
the supreme court now holding Office shall
servo out their respective terms and after
the general election in 1901, one Justice Of
the supreme court shall be elected AT tho
general election in each year except Tho
year 1897, and every six years thereafter,
when two justices shall bo elected.
The present section 10 Of article 3, would
have eliminated from IL, tho following,
which refers to the compensation Of Justices,
(Which ahnll not be increased during their