The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-01-25
FOSTER CANT DO 1T.
The Judge Writes That He is
Unable to Perform All the
Work of His District.

Washington, Jan. 25.-The indications
are that the judiciary committee of the
house will report Representative Brod-
erick's bill, providing for a new judicial
district in Kansas, at the next regular
meeting of the committee.
Two letters were presented to the
committee at the recent hearing before
the committee on the judiciary of the
house, which form the basis for the
passage of the bill before congress.
One was from Judge Foster, which
was as follows:
In the matter of the bill for the di-
vision of this judicial district, my
views having been requested by promi-
nent citizens, 1 feel constrained to say
this: 1t will be "a years next March
since was appointed to the bench; the
salary for about II years of that time
was SO, 500 per annurn, the judge paying
all of his own expenses and attending
court at the various places in the dis
trict; afterwards the salary was in
creased to $4,000 per annun, but no al
lowance was made for expenses
About seven years ago my health
broke down completely, and for a long
time the physicians believed I could not
recover, but L got better, and have, for
the past year, resumed my duties on
the bench, but from the nature of my
troubles I cannot expect to ever fully
recover At times, especially while
holding court here at home, feel rea-
sOnably well, but when holding court
at other places, with the change of diet,
and such accommodations as can be
had, my old trouble of the kidneys re-
ours to a greater or less extent and I
am forcibly admonished that I must
save myself or break down again.
Il have seriously thought of resigning
but my brother judges and friends
generally, protest against it, saying 1
have broken myself down in the service
of the government, and in my advanc-
I1r7 Il
and to my family to do so. Now, this is
frankly the situation. 1 am willing and
anxious to do all my health will permit,
and can do no more; the work in this
district is large, and if a bankruptcy
law is passed, it will be still greater. I
feel that the district should be divided,
or the bill passed, allowing me to re-
tire on my salary.
You are at liberty to make such use
of this letter as you see proper"
Another letter received from Attor-
ney General McKenna states as fol-
lows:
trict in Kansas was not referred to me
by the judicial committee of the house.
Certain data in regard to the business
of the courts were only left to me for
consideration. From these it appears
that the calendars are crowded, and it
seems either that new district should
be created, or a bill passed allowing
Judge Foster to retire on his salary.
In his letter of December 2, 1897, Judge
Foster frankly states the condition of
his health and his inability to perform
the service demanded by the business
of the district. This condition should be
relieved in some way"
The creation of a new district seems
to be the better way. Judge roster IS
still capable of some work. Besides the
statistics of cases commenced and
the amount of judgments obtained are
greater in Kansas than some of the
states which have two judicial dis
tricts. This is shown by the report of
the attorney general. In support of
Judge Fosters retirement his letter
may be quoted.