Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1891-07-29
MCKAY AND BOTKIN.

~ lAS VI tue Odpltal:
In your paper of the 18th inst. is an
editorial under the heading of Ought
10 Do Impeached." From that editor
ial | copy the following:
The folly OF electing to a judicial
ONCE a man who knows nothing about
law, is eXemplified by the illegal and
outrageous conduct of Judge Mckay,
elected last fall to preside over the
TWenty-fourth judicial district. Mckay
in attempting TO override sovereignty of
law, which is the only sovereign in this
beniGhted and plutOcratic country, has
run up against the supreme court, and
merits impeachment good deal worse
than it was merited by Botkin. 1t is a
pretty howdy-do when the people elect
for judge man who Is pledged to sym-
pathiZe with one party to a lawsuit. 1t
Is pity legislature is not in session
which would evict Mckay from the
bench for which he is 80 disgracefully
unfit"
fully agree with the Capital, that it
is a great folly to elect to a judicial
Office man who knows nothing about
law" But l don't agree with the Capt.
tai that the "Only sovereign in this be-
nighted and plutOcratic country" is the
sovereignty of the law" Until very
recently l did think so-and should be
glad to think so still. But things have
changed. Recently sundry state sena-
tors, sitting In the capitol at Topeka,
testified upon their official and senator
ial oaths that ignorance 1.-THE very thing
YOU complain of in Mckay WAS a full
justification for undoubted illegal and
corrupt practices by a Kansas Judge.
Mckay is judge of the Twenty-fourth
judicial district. Botkin is a Judge of
the Thirty-second judicial district.
Both we're elected by the people. Nc
KAY is an alliance man, and received
2,7Sl votes out of total 4,759 cast in
his district, BOtkin is republican
and received l 1857 votes out of a total of
IBIS cast in his district. Whether be-
ing an alliance" man accounts for the
Ignorance of Mckay, do not know:
but so far you do not show that he is
knowingly vicious, wicked or corrupt
he Is simply ignorant of the law' and
that is all. But BotkIn is a republican
first appointed by a republican COVER
nor. and then endorsed and elected by
the republican party in republican
district. There is no excuse for his zig
norance OF the law" He was a prac-
tlclng attorney many years before his
appointment and election to the bench
publican politician. There is no excuse
for his being Ignorant of the law. -
But he caused four free American citi-
zens-all prominent republicans-tO ne
Illegally arrested and imprisoned-for
Whatt Two of them because he thought
they had circulated petitions addressed
10 the Kansas legislature asking that
he be removed from Office tor Immoral
drunken and corrupt practices as iudge
OF the district court; and the other two
tor publishing an article in a repuhIi-
can newspaper charging him with rob
bling the city of Springfield of over 81
900. The tight to write, sign print and
circulate petitions to the Legislature
FOR redress of grievances" is guaran-
teed TO every citizen of Kansas by Onr
state constitution. AS lawyer, Bot
kin ought to have known it. Was he
ignorant, or was he wicked and ty-
ranlc2l? The newspaper article he com
planned of was ''privileged. . and he
knew it; but to accomplish his mali
ciOus purposes and make it appear that
he was acting within the law, he know
ingly and falsely stated that 1.-THE ac-
ton" in and by which he aided in rob.
bling the city of Springfield) was still
pending IN court" whereas it had
been finally disposed of more than four
months; and upon the facts being made
to appear to the supreme court that tri-
bunal ordered the immediate release of
Botkin's victims, and said that he had
no jurisdiction to cause their arrest.
and that his act was usurpation.
Then what2 The people of the state.
acting through their representatives.
''impeached'' Botkin last winter for the
identical offenses above newfoundland
sent their articles of impeachment to
the state senate for trial. Thirty-eight
of the forty senators were republicans-
and Botkin was republican. The lille
gal arrest and Imprisonment of the four
free republican American citizens, was
not only amply proven, but was admit
ted by BOtkin's attorneys, and practi-
cally confessed by BOtkin's silence. He
did not deny-and he had too much