Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1895-06-13
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stitution Provides: In case Of va
Cancy in any judicial Office, it shall
be filed by appointment Of tho Gov
ernor until the next regular election
that shall occur not more than thirty
days after the vacancy shall have
happened"
The Cobb case holds: That the
words regular election" wrro eqive-
lent to the words genera! election"
as used In the constitution. The con-
stitution, article 4, section Q, provides:
General elections shall be held an
nually on the Tuesday succeeding the
first Monday 10 November" Iudeed,
in the case State ex rel vs. Cobb, I'd,
Kansas, n; Judge Kingman deliver
ing the opinion uses this language:
'The exception made to meet possible
necessities, is by appointment to fill
vacancies, but that appointment is ex-
pressly limited and must expire at
the next regular election that occurs
more than thirty days after tho va
cancy shall have happened"
In the case also, of Morgan vs. the
county Of Pratt, "a Kansas, 3d. on
page So in the body of the opinion,
Mr.. Justice Brewer uses the Ian.
guage; 1.-The November election is
the general election, aud that whether
few or many offices are to be- flied:
1t may be said that when the statute
provides that the officers elected at
the special election shall hold until
the next general election, it means
the next general election for that Of
fee; but this is not the natural import
of the language aud seems to require
an Interpretation Of certain words,
The words general election have
constitutional defined, fixed and uni.
form meaning, and are independent
Of the terms of Office Of the number
Of officers to be elected,
From these authorities and from
the general practice which has pre-
vailed in this state, 80 fur rs I can
learn, am clearly OF the opinion that
the coming November election is the
proper time at which TO elect person
to ill out the unexpired portion Of
the term Of Chief Justice Horton, re-.
signed.
While you have not asked me for
any opinion relating to any other
matter than the law Of this question,
since you did me the courtesy to IN.
vite me to the meeting Of the commit
tee, and may therefore be in some
sense held responsible for It's deliber.
atoms and conclusions | wish TO say
emphatically, that entirely aside from
the legal considerations, / consider it
the duty of the democratic state cen.
tral committee Of this state to call
state convention sometime this sum.
mer or fall, not too late, and l think
the earlier the better, to take cogniz-
snce Of the condition Of the country
and to consider the duty OF the demo
cratic party with reference to that
conditions especially with reference
to the currency question upon which
it is the duty OF every political Or
ganization in this country to make
some response.to tina loud demands
Of the oppressed people aud upon
which the democratic party can take
but one position, viz: That which is
lmparativ1ly demanded by a greater
majority Of the people. Perhaps 90
per cent Of the democratic voters Of
the United States are in favor of sill
Yer at IL to / on equal terms in all
respects with gold, 10 ignore their
wish is 10 disrupt the democratic
party; to delay is to sugender dis
trust in the minds Of thousands as to
the probable action Of the party, and
thus induce them to affiliate them.
selves with other political parties,
The time has come for action,
prompt decisive, uuequiyocal &C.
ton.
He who dallles is o bastard,
dc who doubts is damned.