The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-05-12
JUDGMENT OF CUSTER.
The Executive Council Sustained in the
State Railway Commissioner Case.

| The Executive Council Sustained in the
State Railway Commissioner Case.
| TOPEKA. Kan, May 3.-The supreme
court has ousted from Office Railroad
Commissioner w. NJ. Mitchell, the dem
ocratic member of the board chosen by
the republican executive council in
| March, 1891, Tor term of three years.
Mitchell had little more than year
to serve when the populists came into
power in January last, but as the act of
the Legislature creating the board made
the tenure of Office subject to the Will
of the executive council, the populists
removed both Commissioners Anthony
and Mitchell and gave their places to a
populist and fusion democrat-W. d.
Vincent and John Hall. Commissioner
A. Z. Greene, the otherrepublican MEM
Der of the board, was not disturbed, the
| council permitting him to serve until
| April, the end of his term of three
years, and electing P. B. Maxson to
succeed him.
When Vincent and Hall sought to
take possession of their offices they
were resisted by Anthony and Mitchell
Attorney-General Little then brought
separate actions in quo warranto
against the two, and in the case of
Mitchell stood solely on the right Of
the council to remove the commission
ers at pleasure. In the case of Anthony
it was discovered that he had not fled
a bond for his second term, and it was
alleged that he had not qualified and
was not properly in Office. His case is
still pending.
Mitchell's attorney, David Overmeyer,
contended that the term of office hav-
ing been declared by statute to be
three years, the council in the face of
sections 1 and of article Is of the con-
stitution, could not remove him.
Against this claim the court holds that
the language of the statute, "The
executive council may at any time re-
move such commissioners, or any Of
them, and elect others to fill the
vacancy" means exactly what it says,
and that the court can no more strike
out that clause than it can eliminate the
words ito continue in the Office for
three years" ''These words exist" the
court says, Sin the same statute, and
not only in the same statute, but in the
same section; therefore they must not
be overlooked"
In constituting the language of the
statute, the court went back to the
journals of the house and senate of the
legislature of 1888 which created the
board and found from the records that
after frequent conferences over the bill
the clause providing for removals, ''for
good cause shown" was stricken out.
The court, therefore, holds that it was
clearly the intention of the Lawmakers
to make the tenure of office subject to
the will of the executive council.
In conclusion the court, touching the
politics involved in the case, says:
In the course OF the argument it was suggest
ed that the question before the court was some
what tinged with political aspect The polit-
ical significance to this case, If any, is slight
merely transitory. The rule declared will ap-
ply to the newly appointed commissioners as
well as TO the defendant; hence, II the present
executive council should desire, It may remove
the newly appointed commissioners at any
time, or If this council should be succeeded by
other members at the next election for state
officers, such new executive council may re-
move at any time the railroad commissioners
appointed b. the present council
But even if the question raised in this case
has u political significance that will not prevent
this court from prompt and just discharge Of
its duty. interests growing out of personal or
party politics are frequently involved in the
courts, and although the court rendering a de-
cisiOn in such case can hardly escape having
its judgment criticised or fits motives impu1ned,
nevertheless duty imposed by the statute,
however delicate or responsible, cannot
no -f.1 pHlf u, and
the constitution with an upright judge are
above and beyond personal friendships or party
interests. The courts are for the people, not
for party, and every person should conf
IDENTIFY apply TO them with the assurance that
his rights and not his politics will be considered
and adjudicated \ free government is best
subserved when based upon equitable and just
laws with fair and just courts open and ready
as far as possible 10 redress all grievances.
a judgment of custer against the defendant
Mitchell viii be entered with costs.
The Mitchell case carries with it the
Anthony case. for, although he may be
able to esta blish that he filed a bond or
that his old bond is still in force, he |
would still be subject to removal with |
out cause, and it is reasonable to be- !
lieve that he will surrender the Office |
to Commissioner Vincent without !
further opposition.
The decision carries with it besides !
the two commissionerships the secre- !
taryship of the board worth S1,500 a I
year, now held by Charles Elliott, and |
a clerkship worth 81 200, now held by !
Jack Downing.
Immediately after they were in
formed of the decision, Mitchell and !
Anthony, having consulted their at
torneys, began to make preparations |
to vacate their offices and before noon |
their personal effects had been packed |
for removal to their homes.