The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1893-05-05
JUDGMENT OF. CUSTER.



The Executive Council Sustained In the
State Rxiisray Commissioher Case.
TOPEKA, Kan. May 3.-The supreme
court has ousted from office Railroad
Commissioner W. NJ. Mitchell, the DEM
ocrat;c member of the board chosen byo
the republican executive council in
March, 1891, Cor term Of three years.
Mitchell had . ittbe more than year
to serve when the populists came into
power in January last. but us 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 u
populist and a fusion democrat-W. ID.
Vincent and John Hall. Commissioher
A.rR. Greene, the other republican mem
Der of the board, was not disturbed, tho
council permitting him TO serve until
April, the end of his term of three
years, and electing p. B. Mdxson to
succeed him.
When Vincent ana HaN sought to
take possession of their Offices they
were resisted by Anthony and Mitchell
Attorney-General Little then brought
SSpdTdtt stCtiotlo III 4uO
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 filed
bond for his second term, and it was
alleged that he had not qualified and
was not properly in Office. His case il
still pending. o
Mitchells 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 hotas that
the language of the statute. ''The
executive council may at any tme re-
move such commissioners, OF any Of
them, and elect others to fill the
vacancy" means exactly what it says,
and that the court can no rlore strikec
out that clause than it can eliminate the
words Ito continue in the Office Tor
three years" These words exist the
court says, in the same statute. anb
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 horfse and senate of the
legislature of 1883 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 thatit was {
clearly the intention of the Lawmakers
to make the tenure of office subject to
the will of the executive council.
In conclusion the coSrt, touching the
politics involved in the case, says:
In the course OF the argument II was suggest
cd ihit the question before Ihc court was souzs-
what tinsed with political aspect The poit
icsl significance to this case " any, Is slight
m msrely transitory. The rule declared will ap-
ply to the ncwly appointed commissioners as
we'll as TO the defendant hence, II the. prescnt
executive council should desire, IL may remove
the newly appointed commissioners at any
time, or IL this council should be succeeded by
other members Mt 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 II the Ques tion raised IN this case
has political Significance that will not prcvens
this court from a 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 de-
cision In such q cass can hardly escape having
its Judgment criticised OF Its motives inipuzned,
nevertheless duty imposed by the statute,
however delicate responsible, cannot
be declined Onciaf obligation and fealty to
the constitution with ar upright Judge are
above and beyond personal fricndshi ps or party
interests. The courts for the people. not
for a party, and every person should conf
Gently apply TO them with the assurance that
his rights and not his politics will be considered
and adjudicaied free government, is best
subserved when based upon equitable and just
laws with fair and just courts open and ready
as far possible to redress all grievances.
A judgment of custer against The defendant
Mitchell will be entered with costs
The Mitchell case carries with it the
Anthony case. for, although he may In
able to establish that he filed bond or
that his old bond is still in force, he
would still be subject to removal Sitho
out cause. and it is reasonable To be-
lieve that he will surrender the Office
further opposition.
The decision carries with it besides
the two commissionerships, the secre-
taryship of the board worth 81 800 a
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 moor
| their personal effects had been packed
| for removal to their homes