Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1893-05-06
JUDGMENT OF CUSTER.

TopEKA, Kan. May 3.-'rhe 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. for term Of three years
Mitchell had little more than year
to serve when the populists came into
power in January last, but rs 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
populist and fusion democrat-W. ID.
Vincent and John Hall. Commissioner
A. II. Greene, the otherrepublican men,
her of the board. was not disturbed, the
council permitting him to serve until
April, the end of his term of three
wears. and clccting I. Il. MaXson to
succeed him.
When Vincent and Hall sought to
take possession of their offices they
were resisted by Anthony and Mitchell.
Acknowledgement Little then brought
separate actions in quo warranto
against the two. and in the ease OF
Mitchell stood solely on the right OF
the council to remove the commissions
ers at pleasure. In the case of Anthony
it was discovered that he had not filed
n 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.
Mitchcll's attorney. David Overincycr,
contended that the term of office hav-
ing been declared by statute to he
three wears. the council in the face OF
sections and of article 10 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 il can eliminate the
words Ito continue in the Office for
three years" These words exist. the
court says. lin 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 1883 which created the
board and found from the records that
after frequent conferences over the hill
the clause providing for removals. for
good cause shown was stricken out.
The court. therefore, holds that II 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 II was suggest.
ed that the question before III" court was some
what tingrd with n political aspect The poit'
ical significance 10 this case. II any, Is slight,
merely transtory. Tue rule declared will up
ply to the newly appointed commissioners as
vel! Us TO the defendant; hence, II the present
executive council should desire, II may remove
the newly appointed commissioners NJ any
time or IL this council should be- succeeded by
other members at the next election for state
officers, such new executive council may re-
move ut any time the railroad commissioners
appointed b. the present council
But even II the question raised In this case
has political significance that will not prevent
this court from "A promptNnd just discharge OF
Its duty. Interests growing out of personal or
party politics are frequently involved In tn
courts, and although the court rendering de.
csion In such u case can nardlv escape having
It's Judgment criticised or its motives impucned
nevertheless duty imposed by the statute
however delicate or responsible, cannot
be declined Offcal obligation and fealty TO
the cons titution 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 confi-
IDENTIFY apply TO them with the assurance that
his rights and not his politics will be considered
aud adjudicated a free government Is best
subserved when based upon equitable and just
laws with fair Hnd just courts open and ready
as far rs possible TO redress all grievances.
Judgment OF custer against the defendant
Mitchell will be entered with costs
The Mitchell case carries with 1t the
Anthony case. for, although he may be
able to establish that he filed a bond or
that his old bond is still in force, he
would still he 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 $1,000 a
year, now held by Charles Elliott, and
a clerkship worth 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.