The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-10-04
Discusses Proposed Amendment
to Constitution.
MAKES EXPLANATIONS.
Why It is Advisable to Enlarge
Supreme Court.
Claims It viii Result in Saving
OfMoney.

constitution was held in this city on
Wednesday afternoon, October 3. From
! the first proposal of the amendment at
the meeting of the association in Janu-
airy, 1899. up till this time there has been
a refreshing unani1nity of opinion on
the subject. A resolution favoring the
adoption of an amendment such as is
now submitted was passed by the asso-
citation without a dissenting vote. A
resolution submitting the amendment to
a vote Of the people passed both branch
es Of the legislature of 1899 with sub
stantial unaninity. there being but six
votes against it in both houses com
bined 1t is now submitted to the peo-
pie for their approval, and seems to
have the support of those of all parties
and classes. BreidenthaI and Stanley,
Johnston and Martin and SO far as
known, every other candidate for state
Office on any ticket favor it, as well as
the chairmen of the state committees.
The committee appointed by the bar
association includes the following gem
tlenen representing the various politi-
cal parties: S. III. Allen, It. f. Carver,
David Martin, L. III. Perkins. Sam kim
Bile, Winfield Freeman, David Richie
John ID. A1illiken. T. T. Herrick They
give out for publication the following
posed amendment:
The people Of the state will at the
q
ton to amend the constitution so as to
increase the number of the judges of the
supreme court from three to seven. No
more important measure has been sub
mitted to the voters for their approval
in many years. 1t is one that concerns
all interests and demands full and can
did discussion The judges and lawyers
of the state generally appreciate it's inn
portance and favor the adoption of the
amendment.
The courts of appeals go out of exist
ence by limitation of law, on January
IA, 1901. The work which these courts
were created to do has been accomplish
ed. They were intended to be only tenn
porary tribunals, to assist the supreme
court in clearing its docket from an ac-
emulation of cases which, in 1895, left
that court six years behind in its work
Delays in the hearing of appealed cases
often resulted in a practical denial of
justice. BY the help of the two courts of
appeals, the docket of the supreme court
has been cleared, and that court is now
able to give a hearing within a few
months after an appeal is filed.
When the courts of appeals expire
there will be, probably, about 200 cases
turned back to the supreme court. New
cases are being fled at the rate of about
so per month, or 600 per year. The SUI
preme court, as now constituted, should
not undertake to dispose of over 800
cases each year. Unless there is an in
crease of the number of supreme court
judges, it Will only be short time until
the docket is again burdened with
cases. ana, from the very start. Uti-
giants viii be delayed in securing prompt
hearings which are so essential in many
cases The proposed amendment auth
orizas the court to sit and work in two
divisions-three judges in one and four
in the other-when the dispatch of bus
mess requires it,
The increase Of the number of Judges
viii give US an appellate system much
superior to that we now have. Such a
court can dispose of all appealed cases
promptly; and in the consideration Of
important cases, or such as involve
grave constitutional questions the in
terests at stake will have the advantage
of the joint discussion and Investigation
of seven judges instead of only three.
For the year 1900 the Iegisla ture ap-
propriated for salaries and expenses Of
sums:
Six judges at s.. 500 each $15 600
Six stenographers at $1,000 each. 1900
For contingent expenses. ..... / 500
Stationery and supplies. 600
For balllffs ACKNOWLEDGEMENTS. 1000
Total ............ ............... s25. 300
Besides this expense six separate
clerks offices are maintained for the
courts of appeals. The pay of the clerks
and their assistants is limited and must
be taken exclusively from fees collected.
II, however, the supreme court were to
transact the whole business but one
clerks Office would be required and all
fees collected would be paid into the
state treasury so that very nearly the
saved, as follows:
Six clerks at $1,000 each. 200
Five deputies at 5000 each 1000
Three assistants at $3.50 each. LAO
Total ........, ............. 2ll $40
Amount appropriated by legisla-
lure -.--..-..-- .--.------..-.--.$25,3 $500
Total cost of court of appeals. $50. $40
The annual cost to the state of the
increase in the number of justices of
the supreme court would be as follows:
-Four justices at $1,000 each .-.--. 600
Four stenogra piers at 1,200 each $500
Two extra copyists in clerks office
at $ouV .----- ACKNOWLEDGEMENTS 1,2OO
Total .............. ............ sis, 900
Excess Of cost of court Of appeals
over increase Of supreme court. -$1s,940
This shows that the cost of the in
crease of the supreme court would be
a little less than a half the present cost
of the courts of appeals. OF course the
expense of the different courts might
vary slightly according to circumstances,
and the expenses in the clerks offices
are dependent on the fees collected.
The present plan Of having inter-
mediate courts Of appeals is not salts
factory; it is expensive. and is not the
system the state should have. A SUI
preme court of only three judges can
not do the work Of that court. We be-
lieve the people viii vote for the amend
ment If its merits are explained to them
and If they understand that the amend
ment is not urged in favor Of any party
or class; but solely in the interest of
the whole people of the state. Irrespec-
tive of party or class, we solicit the CO.
operation and assistance of all voters
! in securing the adoption of this amend
ment, which SO vitality affects the in
/ terests Of the people Of this state.
This is the season when mothers are
alarmed on account Of Group It is quick
4 " cured by One Minute Cough Cure,
which children like to take. At all drug
l stores.