The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-06
Says He Can Not Neglect His
Private Business.
AT FIRST ACCEPTED
But Today Declines and is
Excused by Stanley
Who Says He Would Take the
Same Position.
Finney of WOodson Will Prob
ably be Appointed Now.

The first man to decline an appoint
ment under Governor StanIay's admin
fstration is Judge c B Graves of En-
porIa- who today informed the governor
that he could not accept the place on
the court OF visitation Although this
cOrupIIcates matters to some extent.
Governor Stanley was entirely satisfied
with Judge Graves explanation OF the
circumstances. and said:
4 would do the same thing under
similar circumstances
Last Monday Judge Graves. who had
not thought OF being a candidate. hav-
ing endorsed ex-Leuteuant Governor
F'inney Of Woodson county. was called
up by telephone by I E. Lambert and
asked If he would accept the position
Judge Graves asked for an hour TO
consider the matter and made an ef
fort to find a copy OF the law TO see
what his duties would be- He was una
ble to do 50. and an hour later VIII
White rushed into Judge Graves Office
and called him 70 the Emporia Gazette
Office which was connected by teIe-
phone with I E Lambert in this city
Things are in such . condition here
that the governor will tender you the
place If you viii accept" said Mr.. Lam
bert Shall I tell him you Will take It2'
At this short notice" Judge Graves
explained today. I was caught in close
quarters and On the spur of the mo-
menC I said I would accept"
The appointment was the announced
Later Judge Graves found q copy OF the
law and was much surprised After
reading II carefully he decided that he
could not accept the place He said
today
The place pays s25e0 a year The
law provides that the court shall con-
veue al various places IN the state for
the accommodation Of witnesses. and
that the judges shall pay their railroad
fare and their expenses This may be
q wise provision Of the law. but I am
not passing judgment upon Il. except TO
say that under such restrictions could
not accept the place, because at the end
OF two years I would be out of pocket
The salary would De consumed in the
support Of my family, the members Of
which are all grown The job may
last but two years. at the and OF which
time I would be without Job and
without money 7 would be strapped.
and my law business would dwindIe To
nothing in that time 1 have Z practice
which Is sufficient 10 make 4 living for
myself and family in the future years.
and II IS Of such q character that I feel
II Will improve and I can not afford
to neglect IT. Ny duty is to my family,
and I must follow it"
Governor Stanley listened to Judge
Graves explanation substantially as
quoted above and then said
OF are right Judge / would do the
same thing I have taken steps TO pro-
tect myself against the conditions which
you suggest by arranging that my place
in the law firm with which I am cou-
ueCted shall remain open SO that at the
expiration OF my term as governor I
can return to Wichita and have a bust
ness which Will make q living for myself
and family
Judge Graves expressed his apprecia-
ton of the honor conferred on him by
the governor IN rendering him this
place. which is regarded as one Of the
best under the administration and thank
ed the governor who IL turn assured his
EmpOFia friend Of his regret 4 { his de-
cIsiOu TO not accept 1t. but expressed the
opinion that the judge has arrived at q
proper decision
Judge Graves returns to E1upOria to-
day The governor will at once take up
the appointments Of the third member Of
the court who viii not be Jim Simpson
The prObab abiliries at noon today fndica-
ted the appointment OF ex-Lieuteuaut
Governor D W Finney OF W00dson
county FInney is 4 business man and
shipper and his appointment will make
Judge PostIethwafte the presiding judge
Of the court FInney was endorsed by
Judge Graves before the EmporIa man
was appointed
The declination Of Judge Graves may
give Bob Hefzer Of Usage City another
chance. but It i the prevailing opinion
that Mr. FIuney is the man upperm0st
IN Governor SLanIey's mind today But.
changes may come about. and the au-
pointment may go to some other man.