Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-01-29

-
ed to conduct the prosecution because of
deep seated interest In securing conviction
and the prosecution in such cases might
better be called persecution. The prosecu-
ton conducted in the ordinary courts by
u states attorney is more in accord with
fairness and justice and more becoming In
dignity. more effective in its results than
the prosecution of Il board of managers
whose chief qualification usually lies in
the desire to punish Il political opponent.
Ihe trial judges of our ordinary courts are
usually men OF well trained legal minds.
capable of rising above prejudice and pas
sion and the trials of indictments before
them are conducted with dignity. fairness
and ability unknown 10 courts trying i'm
peachments.
law. the long delay from beginning to the
end of such trials, would bring it into dis
favor.
"But there are other defects in the law.
! have said that II was designed to reach
the delinquency of public officials. and
l have said that it has usually been in
Voked to SubServe some sinister political
purpose. The leading Impeachment trial
of the United States is a striking illus
case is wonderfully illustrative of the
many defects in the law of impcachments;
! refer TO the Impeachment and trial of
Justice Samuel Chase, associate justice OF
the United States supreme court.
The attempt to use the impeachinS pow
er for the purpose OF enabling. congress
to control the supreme court and 10 make
justices removable from office for of
fnsive craftsmanship was an outrage that
the popular sense of justice could not APP
prove, and along with the condemnation of
the use thus attempted TO be made came
distrust and lack of confidence in the rem
edies offered by the law.
Impeachment Seldom in Good Faith.
"if one cares TO examine closely the
trials in the various state courts 1t VIII
be found that an impeachment is seldom
made in good faith, but is usually the out
growth OF political strife, and charges are
made for the purpose OF removing ana de-
stroying some offending official whose chief
fault may be his inability TO keep the
friendship of his accuSers.
The fact that a conviction on impeach-
ment may he had only when the olfense
charged is indictable and that the rules
applicable to trials are the same as in
the ordinary court, argues against the ne
cessity for maintaining the impeaching
power.
comparison with the judges of our ordi-
Larry courts, argues against the efficiency
OF impeachment courts. The fact that de-
cislons are always given under the influ-
ence of partisan prejudice and that mo-
tives other than II desire to purify pub
lie service lie beneath the charges, argues
that the impeachins power is dangerous
The following new attorneys were adj
United to membership of the association
To-day: Frank c. Downey, Topeka; C.. II.
Topeka; j. S. Simmons, Dishton: \. a..
Hurd: Topeka: o. L.. Moore: Abilene;
Frank Wells. Seneca; F; II; Foster; To
psha' ~ W II i1iholo anu Il. -.
Milton. DodseCity.
The afternoon session of the bar meeting
vas opened by an address by l.: II. Perkins.
ton Mr.. Perkins spent several years in
London studying the fundamental princi-
rles of English law. and his address was
filed with many things that the average
Kansas lawyer never read or heard about.
lie handled the subject in a mastery way.
The composition of the English race is
an important factor In comprehending the
constitution.
The consanguinity of the low German
stock. from which sprang the Angles and
SaXons. with the Mortimer. the Danes aad
the Normans. no doubt accounts for the
marvellous blending OF this composite race.
While each successive inroad of con-
Guering force has modified the basic law.
leaving it full of inconsistencies and imper-
~fections and anomalies and apparent con-
tradictions, yet they are for the most part
seif-correcting, and in very great part SELF
1T will remain for America alone to DEM
orstrate, not in one century. nor In two.
whether the English constitution be not the
ripest product of constitutional develop
ment the mind of man has yet evolved.
1T was not adapted to our environment.
filial homage accorded to the throne of
an ancient monarchy. and the spectacular
establishment that surrounds it, are want
ing here. We could not more adopt II than
a babe could adopt Il father.
But it is, all over. adapted to the En-
glish race in England. and in spite OF all
lETDtuS ana CUdlStS dtu NOTIFICATIONS IL
has steadily grown through forty genera
tons, unique in its homogeneity, strong,
elastic. beautiful, harmonious, and big with
the all-sufficiency of its resources for the
requirements of the nation for all time
to come"
Henry Mclean. of Paola. assistant SUI
preme court reporter, read an address on
1.-THE Need of "a New Constitution" He
favored the holding of a constitutional con-
'vention and then advocated the initiative
and referendum principle. He criticised
the last Pop legislature for failing to en-
act some laws which it was elected to
pass. He said it had wholly failed to give
satisfaction to the people. He continued:
Enough members of that legislature so
stituents and became so extremely conser-
vative that the legislature, as Il whole.
gave greater satisfaction to the party
which elected il. The greatest service
which the last legislature rendered the peo-
pie of the state is that it showed them be-
You'd any question that representative gov
eminent is not democratic government. To
this great benefit the most venal. as we'll
uted most. If the last legislature failed
ignominiously in putting into execution, to
any considerable degree. the cardinal tenets
Of the party which elected it. what might
the party expect from a constitutional con-
vention made up of the same class of
menu
dress was considered the best of any pre-
pared by the law students at the state uni
versity: delivered it to the lawyers. 1t was
entitled The Eleventh Amendment"
Charles f. Spencer, of Topeka, spoke on
THE Law and the AgitatOr.'
The following officers were elected for the
year:
President-Justice S. H. Allen. of the su-
preme court.
Vice presfdent-C. C. Coleman, Clay Cen
ter.
Secretary-C. ]. Brown, Topeka. r~e-elect-
ed.
Treasurer-A. A. GODDARD. Topeka. re-
elected.
Meeting Closes With n Banquet.
The lawyers closed their annual meeting |
tonight with Il banquet at the Copeland.
Toasts were given as follows:
Tomorrow *. f.. WilcOckson.
statutory Morality T. l.. Bond.
Winding Your own Business F. w.
Bentley.
"A Few Remarks" Silas Porter.
THE Lawyer in Politics." John ID. MILL |
ken.