The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-11-22
Associate Justice Johnston
Takes the Honorable Course,
And One Which Every Judge
in Kansas
Should Follow Without Any
Further Delay.
JUDGE W. A. JOHNSTON
Has Given Up the Use Of Rail-
road Passes
Since Public Opinion Censured
the Custom.
1T is BETTER FOR ALL.
Mr.. Johnston Believes Courts
Should Be Above Censure.
The Journals" Fight on Passes
Bearing Good Fruit.

A reporter for the STATE Journal
called upon Justice w. A. Johnston to-
day for his opinion on the general Gus
tom of giving aud receiving passes, and
especially on the use OF passes by the
Judiciary.
Judge Johnston has served the state
upon the supreme bench ten years, and
has just been elected to another term Of
six years which, the reporter reminded
him, viii reach into the next century.
Several weeks ago, during the cam
paign, when the JOURNAL was pressing
upon public attention what it considered
the evils Of the use of passes by public
officials, Judge Johnston did not express
any opinion about it. lie had at that
time ceased the use Of passes. lie did
rot think thar political capital should be
made. or attempted To be made, by the
discussion Of this question in the heat Of
the campaign. But the judge ID now
free to talk this subject
When questioned by the reporter
Judge Johns on said-
Yes have read what has been said
recently by the STATE JOURNAL and
other newspapers on the pass question,
and have heard some individual expires
sions about ID; this general discussion
discloses some feeling against the Gus
tom Of using passes, especially by the
judiciary. and should. 1 think, be fairly
considered. The thing, however, that
most seriously commands my attention
10 this question is the feeling l have re-
Gently heard expressed by few litigunts
in this court, or their attorneys, that the
acceptance and use Of these favors might
prejudice their interests here"
I'D you think the use Of passes has
improperly Influenced public officials
"Ihe custom of giving passes to officials
OF high and low degree is almost as old
as the state itself They seem to have
been given to county, district and state
officials, regardless Of politics or their
influence on public questions, and not as
a favor 10 any particular class of officers
Given and received IN this general way.
as they have been in this state, without
question or objection, I do not think they
have in fact exercised an improper in
huence on any honest, self-resp pectIng
official"
"The JOURNAL insists there are special
reasons why the judiciary should not ac-
cept these favors. W hat is your opinion
of that prOpOsitionT"
Until recently, there has never been
expressed any public sentiment against
this general custom of giving and re-
ceiving passes; but if such sentiment ex-
lists, as il now seems. the judiciary should
be the first 20 recognize and be governed
hy IL. There IL NO inherent wrong in
riding on pass, and no Judge who is 1T
for his high and responsible position
Will be Influenced in the least by
it but il ii Is a fact that any
suitor could feel that the decisions of a
court could be Influenced by the use of a
pass, then that and every like courtesy
should be declined. There is nothing
more important aud vital to the public
welfare than absolute confidence in
the integrity and good motives of the
courts. nor than the respect for and Will
ing obedience to their Judgments which
naturally follow that confidence. and no
one appreciates this fact more thoroughly
OF will 1e more sensitive TO any circum-
stance that may affect il, than the men
who compose tine Judiciary of the state,
no matter to what political party they
NAV belong"
Judge Johnston. what is your per
sOnal practice out this matter9''
Heretofore, when a pass has been
given me IN pursuance Of the general
custom, / have used IL without any hesi-
tatiOn. and without any fear Of the loss
of my own integrity or of the respect and
confidence Of others. l do not now use
passes. and have not used them since 1
heard, during the past summer. the first
serious suggestion from q litiga0t in this
court or his attorney, that the acce pit
ance Of these cCurtesies might prejudice
his interests here.
awhile I think there is no inherent
wrong Ia the use Of passes as they have
been given in this state. and hat no hon
est Judge is influenced by such favors, 1
shall certainly decline the use of them
because Of the recently expressed OBJ
1ectlons to their use by the judiciary.
tnat course seeming to me to be the one
tnat VIII most surely guard against any
possible loss or perfect confidence in our
courts"