The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-03
COMES THIS WEEK
Federal Court Change May
Develop the Next Few Day S.
B. B. CUSHMAN FOR CLERK
He Is Thought to Have an
Easy Race for the Place.


It was said in political circles last night
that the bill retiring Judge Foster would
go through congress and be signed bv The
president this week. No authority could
be found for the prediction, but it is alto
gether likely and the matter is OF su-
preme interest, involving one Wichita
man.
A year and a half ago it was proposed
to put the state of Kansas into two fed
eral judicial districts. Topeka to remain
the headquarters of one, Wichita OF the
other, the southern jurisdiction. 1t was
believed by Topeka at the time that a
division would cripple some Of Topeka's
revenues and Congressman Curtis Of To-
peka killed the bill.
The next movement on the checker
board was the retirement Of Judge Fos-
ter, who has reached the age limit and is
in very poor health. a bill to that effect
passed the senate and went over into the
house, where it was held up by Congress
man Hepburn Of Iowa That was last
session. This session Hepburn's opposi-
ton has ceased and the bill. according to
the prediction, viii pass the house and
be signed by the president.
The question of successor at once comes
onto the stage for settlement AS under
stood here in Wichita, there are three
candidates: Ex-Congressman Broderick
of Che First district; Albert H. Horton,
chi r
worth, a practicing attorney who is fire.
quently in Wichita
The position is one for life and is con-
sidered the ultima thule OF the ambitions
of a Kansas lawyer President McKin-
ley appoints. II is thought here that
Judge Hook has the inside track and will
get the appointment. Senator Baker
whose law partner he is. and Cyrus Lee
land, two elements which were rated an
tagonistic, are behind him
Whoever is appointed judge. the inter
est in the clerkship which will follow is
hardly less engrossing. There are said TO
be two candidates, B. B. Cushman of this
city, now Senator Bakers private secre-
tary, and Frank Brown, secretary of the
Republican state central committee
Cushman is regarded as having an easy
race, which will be good news to his many
friends here at home.
Soon after the election there was con-
siderable talk about Senator Baker TAX
ing the place of judge himself, and J. R.
Burton or some one else to be elected to
the senate in Bakers place by the legisla-
ture, if in session, and If not, appointed
by Governor Stanley. There was a lively
possibility apparent at one time, but at
present the talk about it has entirely
ceased, so that whatever was simmering
then has now gone stone cold.
Locally the new railroad law is attract
ing the maximum of attention. The feel
ing seems to be that the railroad attOr-
neys drew the bill and are satisfied that
they can knock 1t out before the courts.
Other lawyers seem go thing that, not
withstanding that all the fusion lawyers,
Martin. Overmeyer. Boyle. Clements and
the rest say that It is fun of holes, still
it is going to be extremely doubtful
whether the supreme court would declare
it unconstitutional. The point which may
arise, it is said, is that the whole session
was unconstitutional because the consti-
tuition specifies that an extra. session shall
be called on extraordinary emergency.
The contention would be that there was
no extraordinary emergency, and conse-
quently the session was Illegal and its
acts void. However, one Of the ablest
lawyers in the city yesterday said that
question would be one Of the closest ever
brought up before a bench. He said that
the question would arise over the COVER
nOrs right to determine in his own mind
what was an extraordinary emergency
and that as the executive and the judi
ciary were coordinate branches Of a gov
eminent independent Of each other. It
would be decidedly fresh in court 10
dictate TO the other branch as to that
branch's mental conclusions.
Of course this is the technical side Of
the case. No one believes that any ex-
traordinary emergency exists. Locally
the Populists are disguised with the
measure and believe it is a railroad Job"
Yesterday there were many inquiries as
to whether it had been signed by the gov
ernOr or not. and the prediction was fire.
Quent that Governor Leedy would veto II,
or send it back To the legislature with
amendments, in which case ie
would be promptly and cruelty voted
down as a whole.
At all events the failure Of the bill is
regarded 50 much in the light Of a posi-
bilfty that no candidates have oppeared
for members OF the new court, lawyers
or otherwise and the fine place Of solic-
itor general is coveted by no one as ye:.
Morton AIbargh was IN the city yester-
day but did not see the governoy-elect-
Judge Pollock Of Winfield was over 20 the
home comforting with him. On
what mission was not learned. Mr.. Miller
Of Usage county was also in the city on
political business.
Mr.. Stanley IS busy with his message.
which Is said 10 be OF average length. !
must be completed and printed 10 - be
fore the legislature January -. the day
after the Inauguration
Mr.. Stanley has not yet rented mouse
in Topeka He VII probably leave W-ch-
H.. the latter par q this WEEK,
urtu UCAOJC C0NIAi CVCNT