The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-12
JUDGE HORTON GOES.
He Resigns the Chief Justice
ship of Kansas
To Accept the AttOrneyship of
the Missouri Pacific
AT $4,000 A YEAR.
Will Go Into a Law Firm With
Waggener.
Judge David Martin of Atchison
Taxes His Place.
NAMED BY MORRILL,
ImmediatelyOn Justice Horizons
Resignation Last Night.

Chief Justice Albert II. Horton of the
Kansas supreme court has resigned, and
Governor Morrill, has named Judge Da-
vid Martin of Atchison as his successor
Judge Horton had received outside Of
fers which he was considering yester-
day, as stated in the JOURNAL aud at 1870
o'clock last evening he had decided to
accept one of them, and his resignation
was at that time placed in the hands CT
Governor Morrill,
Judge Horizons resi- gnatiOn is to tako
effect April 80, so that he will nos pre-
side at the May term of court.
Since last February Judge Horton has
been considering this step as he can
command about four times the salary as
practicing attorney as he has received
as judge of the supreme court during
the eighteen years he has been on the
supreme bench.
Judge Horton will not leave Topeka,
fact which will be gratifying to his many
friends here, but on the first of May he
is to open law office here with Bale
Waggener and James NJ. Orr, the we'll
known Missouri Pacific lawyers, and the
understanding is that the firm is to bo
known as Waggener, Horton & Orr.
In addition to taking up general law
practice of the higher class, Judge Hor-
ton is to be associate counsel of the Mis-
will have charge of the business of that
road in the federal, supreme and appel
late courts.
HIS appointment will be under A. G..
Cochran, the general solicitor of the
Missouri Pacific at st. Louis and he will
be associated with Bale Waggener in
the business of the company IN Kansas.
just what figures will represent Judge
Horizons salary from the Missouri Pacific
"a - - 4 1
be in the neighborhood of $4,000 a
year.
Judge Horton was appointed to the
supreme bench by Ex-Governor Thomas
A Osborn in 1877 to succeed Judge
Samuel A Kingman. He was regularly
elected to the supreme bench at the sue
ceeding election and his present term
would not have expired until January /,
1897.
Judge Horton was the law partner of
Bale Waggener when he was appointed
to the supreme bench, and his successor,
Judge Nj Martin, was a member of that
firm until a few months ago, and both
Judge Horton and his successor had
served as judge of the district court of
Atchison county
Governor Morrill, had known of the
probable resignation of Judge Horton
Tor some time and he was prepared to fill
the vacancy and at the same time he
made public the fact that Judge Horton
had resigned he announced the appoint
ment of Judge David Martin of Atchison
as his successor.
It is said that Associate Justice W A.
Johnston could have had the appoint
ment if he had desired it, but
Justice Johnston was last fall elect
ed for term of ak years
and he did not care to make another
political campaign soon as will be
necessary for Judge Horizons successor.
The appointment of Judge Martin will
hold until Jan. 1, 1896, but he will have to
be regularly elected at the general cleo
tlOn next fall if he is to continue on the
bench.
Judge David Martin has for years been
one of the leading lawyers in the state,
and is highly esteemed by all who know
him.
During his eight years. service on the
bench in the district court of Atchison.
Nemaha, DOniphan and Brown counties.
he earned reputation for ability and
fairness which is enviable The first
time he was elected district Judge there
was not a single vote cast against him
him and the second time there was but
one vote in the four counties in the dis
trict polled in opposition to his candida
cy.
During his connection with the law
firm of Martin, Waggener s. Orr, Judge
Martin represented the Missouri Pacific
railroad in its Kansas legal business
and In the retirement of Judge Horton
and the elevation of Judge Martin to the
supreme bench, Kansas sends a chief
justice to be Misso uri Pacific attorney,
and accepts q Missouri Pacific attorney '
as chief justice.