The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-12-17
MORE ABOUT FEDERAL COURT.
Lawyer Rice of FORT Scott Takes Issue
wi h THONGS c. Wilson.

vi IA Thomas c. Wilson.
The following letter from Mr.. Rice, a
prominent Republican lawyer of Fort
Scott, was received yesterday and will
explain itself and the position of Fort
Scott in the matter of second federal
court district in Kansas:
Fort Scott, Kan, Dec. Il, 1895.
To the Editor Of the Eagle.
/ have read with much surprise and
regret, an article in a recent issue of
the Eagle, unfrlendly TO the proposed
action Of the lawyers and others inter-
ested, in Southern Kansas, looking to
the division Of Kansas into two federal
districts and providing for the appoint
ment Of judge for the Southern dis
trtct. The article from the Eagle which
is before me was published as a local
news Item and does not fully commit
the Eagle for or against the PROPOSE
ton. The unfriendliness of the opin-
ions expressed seems to be ba sed Who'll
ly on partisan considerations. There
does not seem to be any division of
opinion upon the advantages to be de-
rived by the people and the bar from
the proposed change or that it would
result in q great saving to the govern
ment. L am inclined to believe that
there is some Misrepresentation or that
those who assume the position taken
by Mr.. Wilson have not given the mat
ter that careful consideration TO which
it is entitled. l am confident that il
would be unnatural for the Eagle to
oppose any effort to benefit Fort Scott
and Wichita, and the people Of our sec
ton of the state and at the same time
provide for an unfortunate exigency in
the condition OF the federal courts in
Kansas which seems susceptible Of no
other solution than that proposed !
desire first, to correct the sta tement of
Mr.. Wilson, that the whole thing is
Democratic scheme" INTENDED TO bene-
fit certain individuals. On the con-
trary, the proposed legisla ton is a con-
tinuation of the efforts heretofore made
by the bar of Southern Kansas sup
ported by the people TO obtain federal
court facilities equal TO that of other
sections of the country. The movement
Tor This purpose, as you know, began
years ago and by a united effort, along
purely non-partisan lines, we have sue
ceeded in obtaining what we already
have. Here in Fort Scott no party spirit
or rivalry has shown itself. Leading
Democrats have contributed literally
in the payment Of expenses and other
wise aided with their influence and
their action in this respect has always
been both solicited and appreciated by
I've SHOWN is
in harmony with the best and most in
telEgent sentiment of the country
touching legislation affecting the judi
ciary. In the older states where parti-
san spirit is as exactdng as we have
ever known 1t in Kansas 1t has fire.
quently happened that the opposing
parties have united upon nomina tons
for judicial positions, when it was ap-
parent that the general welfare could
be better advanced by such a course
Ex-PreSident Harrison appointed dis
tinguished Democrat from Tennessee
as justice of the supreme court and
Wi thin a few days President Cleveland
has re+appointed a distinguished citi-
zen of Wichita, a Republican, TO an
important federal judgeship and we are
informed by the newspapers that an
other distinguished Democrat is expect
ed TO take position upon the law fac
uBty of our state university and may
became a dean of the faculty. The pre-
cedents pointed out go simply to show
that partisan considerations should not
be allowed to stand in the way of the
advancement Of important public in
terest which has no relation to political
questions. But there are other consid-
erationS purely in the line of eXpedience
which should receive our attention in
determining our action in the present
question. to wit. success in accomplish
ing Una which we all agree is an urgent
need for the public as well as a desira-
bic thing for our respective communi-
ties. is dependant upon united non-par-
uisan action. Legislation Of the kind
proposed cannot be secured in opposi-
ton to leading members of either party
in either the congress now in session or
in the next. Those conveTsant with
the construction Of the Judiciary COM
mittees Of the house and senate and
the methods Of congressional legisla-
ton know this TO be true. Then again,
the most intelligent and vigorous ef-
fort that can be made to pass this pro-
posed measure through the present con-
gress may fail and a continuation there
Of may succeed in the next. The con-
ditions may he favorable 10 success in
the present congress and wholly unfav-
orable in the next. My belief is that
there is no time for doing the right
thing Ike the present.
l should like to see a Republican
judge appointed when provision is
made for an appoin tment but | regard
the securing Of the proposed legislation
and the permanent fixing Of the status
OF our courts as a far greater import
ance t5an l do the opinions which
judge may entertain upon the tariff
question and feel sure that in order TO
secure this legislation either now or in
the future We shall require all OF the
influence which IL is possible for US TO
command. And I think that there IS
nothing essentially unfair IN the theory
thar we shall work harmonously to-
esther. as a great section OF our state,
Democrat and Republican. alike and
let parties and individuals take their
chances OF being able TO stand in with
, - - "a,
exist at the time that We may achieve
final success. Then again. as TO indi-
vidual interest no man has any estab-
hShed claim upon the Office of judge in ]
the event thar such an appointment is
provided for. There would undOub-ei-
" be a number Of candidates. The bar /
and business men Of this city do not
favor this legislation al this time be- |
cause we have a candidate for judge /
FOR the reason that such is not the case. |
We have no candidate. and for the fur
Their reason that We have been labortzy |
for years along this line |
The question as 10 whom shall or snail |
not be judge or II what party he may
belong has no rela tion whsteve- 70 the |
other important interest involved: 20 /
the delay now being experienced with |
the settlement Of the matters N the fed /
eral courts TO the extra expenses Incl /
dent thereto both - the people and he 1
government and 10 the larger and 1
broader question OF bringing the feder- |
al judges closer to the people over l
whose interests they preside. and 1
should therefore De LEFT 10 take care Of |
iJseE In the future.
hope You VIII give this subject the l
(Which il merits and \
which The broad and publsc spirited 1
policies Of the Esgse Justifes me in be |
lieving that you VIII give 20 It l be /
heve that IL VIII prove a fatal mistake
10 allow This matter 70 be campI.cat ted |
az the present time with the considera-
ton OF who may or who may not be