The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-01-11

elected by the last Legislature. and who
has been in possession of the office since
last July. e---s = --s~~
The opinion in this case was written
by Associate Justice Allen the Populist
member Of the court and there are two
dissenting opinions, one by Chief Justice
Martin and the other by Associate JUS
tice Johnston.
Chief Justice Martin holds that Mr.
Snow can not recover his title to th 9
office through this action because he has
failed to establish his own title to the
office, or in other words Chief Justice
Martin holds that Snow was never legally
elected.
Associate Justice Johnston holds that
MIR. Snow can not recover the office be-
cause Major j. K. Hudson was duly and
legally elected as his successor.
Associate Justice Allen holds that Mr.
Snow ought to have the office and that he
has shown a valid title to it and that
Major Hudson has no title to it.
1t is the opinion of a majority of the
court, Justices Allen and Johnston. IT, at
Mr.. Snow was duly elected state printer
in 1891 and that as no other person was
elected as his successor in 1898, he held
over under the provisions of the consti-
tuition, and was state printer de jure at
the time of his resignation, Decem Der 12.
1894, and that his resignation and r5aD-
pointment gave him no particular title
TO the Office.
Chief Justice Martin however holds
that Snow never was elected aud that if
G. G. Baker had not through his own
action given up the Office he could now
recover. but as 4 majority of the court
holds differently Mr. Baker can have no
claim whatever to the office.
Chief Justice Martin holds that Major
Hudson was not elected because he did
Eot receive enough votes under the law
of 1879
L Justice Johnston holds that Hudson
was elected legally because he was reg
uiarly chosen state printer by joint CON
ventlon of the two houses of the legisIa-
ture.
Justice Allen holds that Hudson was
not elected because no joint convention
was held.
A majority of the court holds that Hud-
son was not elected and another majority
holds that Snow was not elected for his
second term and that as Major Hudson ia
in possession of the office and no one has
shown any better title than he has to il,
he may keep the Office.
Chief Justice Martin however init
mates that Baker might still oe state
printer If he had not given up the office
at the expiration of his second term,
1t being Judge Martins opinion that Ba4
ker was the last state printer legally
elected.
justices Johnston and Allen in discuss
ing how state printer shall be elected
agree that whensShe two houses Of the
legislature are pf6psrly called together
and gotten together by resolution,
majority of the joint convention can then
elect state printer and that Snow was
thus legally elected in 1891. In arriving
at TINS conclusion, however they declare
the law of 1879, which provides that the
legislature shall meet in Joint session
and continue in joint session from dav
to day until state printer is elected, to
be unconstitutional
Chief Justice Martin does not have
anything TO say on this subject exceDt to
hold that state printer to be elected
legally must have majority of the votes
of each house. The result of this decis.
ion is that the law for calling the legisIa.
ture together to elect a state printer is
declared unconstitutional, and while
majority of the court holds that if it is
properly called together, a majority of
she joint session may elect state printer
there is. after all, no definite way pre-.
scrloed for the election of state printer.
AIteE rendering this sort of mixed up