The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-08
BREIDY WINS.
The Supreme Court Decides in
Credentials Favor.
StateBankCOmmissiOner'S Term
Expires Feb. 12, 1897.
JUSTICE JOHNS TON
Does Not Concur in Decision OF
Other Judges.
Administration May Go After
BreidenthaI Another Way.
TO MAKE CHARGES
Against the Manner He Con-
ducts His Office
And Have Him Removed for
Alleged Cause"
Against the Manner He Con
ducts His Office
And Have Him Removed for
Alleged Cause"

John W. Breidenthal, chairman of the
Populist state central committee and
state commissioner, has won his case in
the supreme court and will continue to
hold the office of bank commissioner un-
til February 70, 1891
The supreme court today decided the
bank commissioner case in Mr.. Breiden-
thal's favor, holding that his appoint
ment was for term of four years from
February -, 1898
The office Of state bank commissioner
was created by the legislature of 1891,
and the law provided that the commits
sioner should be appointed by the COVER
nor with thu advice and consent of the
senate, for term of four years
Governor Humphrey, after the ad-
journment of the legislature, appointed
Charles F. Johnson, of OskalOOsa, to the
Office.
When the Populists went into power
Governor Lewelling removed Mr.. John
son, who had never been confirmed by
the senate, and appointed Mr.. Breiden-
thai, who was Immediately confirmed.
A few months ago Governor Morrill,,
acting on the theory that the term Of
bank commissioner began with Mr..
Johnson's appointment, and although
Mr.. Breidenthal had been confirmed, his
time expired in February, made an order
removing him from the office and ap-
pointed c. s. Jobes of Attica, Harper
county as bank commissioner.
Mr.. Breidenthal refused to turn over
the office on the ground that as he was
the frat bank commissioner to be ap-
pointed with the advice and consent of
the senate, the term of four years began
with his appointment
Mr.. c. S. JObes then brought suit in
the supreme court to oust Mr., Breiden-
thai from the office, and that is the case
which is decided today
A majority of the court-Chief Justice
Martin and Associate Justice Allen
held "That the appointment of johnson
was only provisional and temporary, and
the commencement of the official term
began to run from the appointment of
Breidenthal. and that he is entitled to
hold the office for four years from the
time of that appointment"
Associate Justice Johnston dissents
from that opinion, holding that the full
term should be counted from the ap-
pOintment of Charles F. johnson.
Chief Justice Martin concurs in some
special findings as follows:
II concur, but after deciding that the
four years term is not vitiated by the
provision for holding over until a sue
cessOr is elected and qualified, 1 would
prefer to place my concurrence upon
the ground that this statute does not rec
Ognize any vacant, unexpired, or frac-
tional term, and each incumbent ap-
pointed by the governor with the advice
and consent of the senate, is entitled to
hold for the full term of four years"
Mr.. c. S. JObes, the defeated candi-
date for the office, was the first to carry
the news of the decision to Mr.. Breiden-
thai
When asked what he proposed to do,
Mr.. Jobes said to a JOURNAL reporter
that he did not propose to divuIQe his
plans, but would continue the fight in
another way.
1t is said that it is now the purpose of
the Republican managers to have a leg
lslatlve committee appointed to investi-
gate the bank commissioners office. and
acting on the report of that committee.
Governor Morrill, will use his discretion.
remove Breldenthal and appoint Jobes tC
the Office.
Mr.: Jobes denied that he had ever
heard OF such plan of procedure
Other Political Cases.
The supreme court also decided sew
eral other political cases.
The Osawatomie asylum cases were
decided in favor of the Republicans. DR.
L. F. Wentworth and Steward T !
Hayes win their suits for possession a.
their offices. They were appointed for ,
term of three years each July /. 1892. bu
in July 1894. the Populist board of char
ties appointed DR.. C. II. Wetmore sinner
lntendent and named a steward to snc
ceed Hayes. The Republican off
clals refused to give up thei
offices and the court now holds that the,
were right in staying in office for tn,
full term of three years Their term
VIII however expire July this year.
In the case of S. w. Chase against tn,
board OF penitentiary directors, the cour
holds that the directors were right in re
fusing to audit the accounts of the war
Den after he had been suspended AM
removed as result of report filed witt
the governor by legislative investiga
ton committee.
The supreme court also decided tha
senator NJ. A. Householder can not Qe
back his place on the state board @
Governor Morrill, suspended Senate
householder pending an investigated
by the asylum investigation committee
and Senator HnnsohoIl4.- :