The Wichita daily eagle., 1894-11-21
WILL IHE Hog IT?
IEWELLING MAY APPOINT OFF,
GERS FOR TWO YEARS MORE
Peculiar Defect in the Constitution
Whereby He Remains in Office
During a VI eek of tue Session of
the New Legislature-Such an
Event Occurred Twice Before.

! toJLuttulDS seems 10 nave bccu o1it W
| Governor Lewelling here recently that
has inspired Populists to hope that many
of them will still remain at the pubic
! crib. They nod and wink slyly as much
! as to intimate that the governor VIII take
| advantage of a peculiar constitutional
mistake to repeat those actions OF MS
| which above ali things illustrated his
smaliness and narrowness as public man.
! 1t is not generally known, but 1t is a fact
nevertheless that Governor Lewelilng
will remain in office one week after the
legislature will have convened. Such
thing has happened twice in the history OF
| Kansas since its admission into the Union
as state Wis: In 1867 and in 1889. 1t
will occur again in 1895. On both
the former occasions it occurred
at time when the governor
that was in Office was succeeded by gov
ernor of his own political organic alton
and hence the event was not of material
consequence. Next January, when the
peculiar event occurs again the outgoing
governor will be succeeded by a governor
of opposite political faith. tue organizl-
tions to which both of them belong being
not only opposite but hostile in their po-
ltical views. The constitution provides
| that the governors term of Office shall not
eud till the second Monday in January and
/ that the legislature shall convene on the
second Tuesday in January. This ar
raugement of dates was made solely Tor
the purpose OF he governor being lnaug-
urated the day previous TO the regular
meeting of the Legislature in order that
he may send them a message, etc.
The good people who made the constitu-
tion supposed, of course, that the
second Monday in January would
be succeeded by the second Tuesday In
January but almanacs were not as num-
erous then as now or they would probably
have known better. 1t so happened that
the second Tuesday in January will fall in
the eighth while the second Monday Will
fall on the 14th. Old Sol in the heavens
regulates dates and the people of Kansas
have nothing to do about it They may
ordain thousand constitutions aud he VIII
not conform to any of them unless they are
made to confirm to him, but he goes on
around and around making dates accord
ing to his own constitution and laws, re-
gardless Of the consequences to governors
and legislatures. Even the Pop leslsla-
ture, THAT body that considered itself
| greater than anything in heaven or on
earth, could not make him come to time
and as a result the term of that body Will
be six days shorter than the term OF
the governor. The periods at which
the sun violated the magma charta of
Kansas were 1867, 1873, 1854 and 1889.
| Only two of those dates were in of years,
when legislatures assemble and governors
are inaugurated, vi: 1861 and 1889. There
| is nothing on record OF any special sign
: ificance regarding the event IN 1861, but IN
1889 there WIS what is called "A double
barreled guberuRJorlal message. Governor
John Martin sent a message to the legisla-
ture when 1t convened, and a week after
/ Governor Humphrey, upon his lnaugura'
ton, sent another message.
The supposition now is that Governor
Lewellng, true to his past record as gov
ernor will proceed to make appoint ments
for the following two years and b ave the
senate. which Is vet Populist, confirm
then, before Governor Morrill, takes his
seat. Some assert that these appointments
would stand in law while Others deny 1t.
Certain il is that they would not stand be-
fore public opinion and in America that is
! pretty strong itself Still others say that
the appoint ments on the various boards
! of the state would stand such as the state
| board of charities, ETC. 1t Is pretty we'll
understood that il the governor makes any
| appointments under this technical adyau-
tage there will be good deal OF trouble.
The good men in his own party will prob
ably persuade him against any such ac-
tiou.
When Colonel Perry Rohrbaugh WAS
Questioned yesterday about the matter hs
: said:
You will find by reference TO section
103 of article | of the constitution OF The
shall hold his Office from the second Mon
day IN January next after his election un-
til his successor Is elected and quallhe d.
and by section 143 of article ,, that th,
, legislature should meet on the second
Tuesday i'll January III 1887 and each alter
nate year thereafter. Now as you say Ii
, happened in 1861, 1873. 1884 aud 1889 that
, the second Tuesday IN January fell on the
Sth, while the second Monday fell
; on the l4Jh of That month, this Will hap
pen again in 1895, so the legislature Will
meet on the Sth OF the month aud the
> governor will not take his seat until the
l4th. This has happened as L said before
and no trouble has been experienced from
that fact that | have heard of. | know Ii
is stated that Governor Lewelling will
make "A number of appointments which
? should and usually does fall to the gov
S ernor-elect and viii ask The senate to
e coufirm such appointments. This would
: be u new procedure on his part and one
do not believe the senate would assist him
S in perpetrating, | do not believe Gov
: | ernor Lewelllug would be so dis
g courteous TO his successor in office or sc
forget the evident temper OF the people OF
! kausas. | know lie Is very partisan, but
= | do not think he will allow his party
= spirit to further lower the dignity of thai
- office during his administration. He may
: aud no doubt will, do that which may
have given rise TO this report, that is, senC
Z in To tile senate Tor confirmation the
/, | names of Certain persons heretofore Sp
. proved by him but which have not beef
+ confirmed by the senate, as provided b.
1 | law"
CLOSE CALI.