Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1896-07-09
copo.rnins David Martin.

and hence they are very irec " '"'A
about his free silver proclivities, his
mortgage decision and the Breiden-
thai case: but these are not the real
reasons and the public ought to know
it. The more the people Of Kansas
know Of Justice Martin, the better
they will'like him. He was chosen
for his position from the ranks OF the
great railroad attorneys OF Kansas
and, Notwithstanding bis years OF
practice in special lines he has
shown himself to be great enough 70
diyest himself Of all the prejudice
that humanity is liable to acquire BY
special experience and fulfill the ONCE
Of the just Judge. No person will
honestly claim that, because a year
or two ago, he saw fit to advocate the
cause Of free silver and express hope
that that measure would be adopted
by the Republican party he IS un'l'-
ted for the Office Of chief justice Of the
supreme court. The fact that he is
great enough to overlook this one
Objectionable feature in the st. Louis
platform and continue loyal to the
party for the good 1t has done and the
good that it promises shows him TO
be more sensible than other so-called
Republicans that we know This
reason deserves no consideration, but
it will not be out Of place to give a
brief review Of the decisions which
have been called in question. WON
The people Of Kansas were sur
prised when John Breidenthal was
able to retain the Office OF bank COM
missioner for two years aitera Repub-
lican governor had been elected.
They took it for granted that be could
be removed as readily as could the
railroad commissioners. CHIEF JUS
tioe Martin and Justice Allen concurr-
ed In the decision Of that case and
Breidenthal was continued in Office.
The act creating the office OF bank
commissioner says that the governor
shall appoint, by and with the advice
and consent of the senate, a bank
commissioner whose term shall DC
four years This act was passed IN
the closing days Of the Legislature OF
1891, and after adjournment Gov
Iernor Humphrey appointed Charles
fF. johnson bank commissioner. Mr.
johnson was never confirmed by the
senate and in 1898 Governor LEVEL
ing appointed Breidenthal and the
senate confirmed the appointment
Chief Justice Martin held that he was
entitled to hold his office for the full
four years, as the statute does not
recognize any vacant, unexplred Oh
fractional term. The same question
came up in the Wentworth CASE
where an attempt was made 10 To-
move Wentworth from the superln'
tendency Of the insane asylum al
Osawatomie Wentworth was ke
publican and the same construction O
the law retained him in office as re
tanned Breidenthal. There was M
protest by Republicans against Went
worth's retention.
The history Of the construction 0
: the new redemption law Is famllia1
!, to all. It was close question AM
. all that can be said is that If the s'l
: preme court Of the United States /
right, then Justice Martin was wrong
Eight states have decided the matte
the same as Justice Martin; hence !
is not for a layman to say that tn
error was inexcusable. 1t must hav
been very close question and ther
n is some satisfaction in knowing tina
> orr court erred on the side Of human
/. ity. Justice Shlras, who wrote IN
opinion reversing Chief Justice MAJ
: tin, did not meet the reasons set fort
: in the Kansas opinion, or attempt
y do so. Inasmuch as 1t is only abou
= a year now since Justice Shiras IT
y versed himself by unfolding the IL
u come tax one month and turning
N down the next by his vote, thus mai
. ing the law null, the people 0! Kanss
/! will not be quick toendorss his supe1
4 cilious way Of treating the mortgag
! decisions. However, the fact tn
. Chief Justice Martin was reversed U