The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-07-15
CONCERNING DAVID MARTIN.
rom the Abilene Ref,ector

y
From the Abilene Reflector
The opposition to the nomination OF
David Martin for the office OF chief
justice know very well that some rea-
sons must be given for their action and
hence they are very free to talk about
his free silver proclivities, his mortgage
decision and the Briedenthai case; but
these are not the real reasons and the
public ought TO know 1t. 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 his
years of practice in special lines. he has
shown himself to be great enough to
divest himself Of all the prejudice that
humanity is liable to acquire by special
experience and fulfill the office of the
j-st Judge. No person viii non-
claim that, because year or two ago.
he saw fit to advocate the cause OF free
silver and express hope that that mea-
sure would be adopted by the Republi-
can party, he Is untitled for the office or
chief justice of the supreme court. the
fact that he Is great enough to over
look this one Objectionable feature In
the ST. Louis platform and continue
loyal to the party for the good Ii has
done and the good that It promises,
shows him 10 be more sensible than
other eo-called Republicans that we
know. This reason deserves no consid-
Grafton, but it will not be out OF plaee
ogive a brief review OF the decisions
which have been called IN question.
The people of Kansas were surprised
when John Breidenthal was able TO re-
tain the Office Of bank commissioner
for two years after a Republican gov
ernor had been elected. They took 1t
for granted that he could be removed
as readily as could the railroad com
missionrs, Chief Justice Martin and
Justice Allen concurred In the decision
OF that case and Breidenthal was con-
tinued IA 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 snail
be four years. This act was passed In
the closing days of the Legislature OF
1891, and after adjournment Governor
Humphrey appointed Charles +. john
son bank commissioner. Mr. Johnson
was never confirmed by the senate and
in 1893 Governor Leweiling appointed
the appoint ment. Chief Justice Mar
tin held that he was entitled to hold
his Office for the fun four years, as the
statute does not recognize any vacant.
unexpired or fractional term. The same
question came I'D In the Wentworth
case, where an attempt was made TO
remove Wentworth from the superin-
tendency Of the insane asylum at Osa-
watomie. Wentworth was Republi-
can and the came construction of the
law retained him IN office as retained
There was no protest
by Republicans against Wentworth's
retention.
The history OF the construction OF the
new redemption law is familiar to all.
II was a close question and all that can
be said Is that II the supreme court OF
the United States IS right, then Justice |
Martin was wrong. Eight states have |
decided the matter the same as Justice |
Martin; hence 1t Is not for q lawyer to |
say that the error was 7nexcusable. 1t |
must have been very close question |
and there is some satisfaction in know /
ing that our court erred on the side of |
humanity. Justice Shiras, who wrote |
The opinion reversing Chief Justice l
Martin, did not meet the reasons set
iorth in the Kansas opinion, OF at
empt 10 do so. Inasmuch as It is only
ilbout a year now since Justice Shiras
'eversed himself by unfolding the in
,ome tax one month and turning il
Town the next, by his vote thus MAX
ng the law null, the people OF Kansas
viii not be quick to endorse his super
,ilious way of treating the mortgage
decisions. However, the fact that
to- A.. t,x |
he supreme court of the United States
s not grievous error. Justice Brewer,
Who now adorns the bench of that court,
nd at whose feet the bar of Kansas
was reversed in much more
important matter touching the consti-
of the prohfbitory law.
1t might be well to call attention 10
he fact that some Of the opposition to
Justice Martin was first instigated and
taS since been carried on by parties
yfho are interested in his decision af-
Getting the fees for doing the public
In that matter he reversed
he 16-year-old decision handed down
y that eminent jurist, Willard Davis,
nd the result is that the official state
aper is drawing half the money that IL
sed to draw for doing the public print
1g. However, that same paper was
cry glad to renew its contract at these
educed figures and The people general
Y will not be quick 10 take up its fight
We may be wrong, but we feel very
onfident that the real reasons for de-
eating Chief Justice Martin are his de-
isionS in railroad matters. His oppo-
ents are not liable 70 push these rea-
onS TO the front and the very fact that
hey are concealing them IS a good rea-
on why the public should know what
hey are. During the last year there
ave been several cases before the court
alating TO accidents at railroad cross
lgs, and the chief justice seems TO
mink that these crossing belong 10 the
eople as well as to the railroads. He
as not gone further than TO say that I
then the circumstances attending ar
ccident al a railroad crossing are such
nat different men might arrive al diff
arent conclusions as 10 the degree OF
are exercised, IL Is question for the
lry TO decide and not for the court.
lie decided that a railroad did wrong (
! pulling a 14-year-oid by of from :
ar IN such a manner that the car cut
r him arm In other words, he decid-
/ That because the boy had no right
lere the railroad cornpay did not have
lie right TO cut of his arm.
In case where a switchman stumbled G
, an obstruction in the yard and was I
He'd while Coupling cans. justice Mar I
n decided that the necessary dangers
tending that work were great enough
ithout the railroad being allowed 20 in
ease them by placing pitfalls. obstric-
ons. traps or inclines IN the switch
ans path. In a case where train
He'd a two-yea7s' old child and the :
ny found that the engineer saw the =
it'd IN dangerous proximity 20 the =