The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-05-06
JUDGE ENOCH LOSES
Supreme Court Reversed De-
CiSion in His Favor.
MITCHELL Is SUSTAINED
Enoch May File a Motion for
Rehearing,

Yesterday the Kansas state supreme
court handed down a decision in the
Enoch- Mitchell case in favor Of Judge
Mitchell This case has attracted a great
deal Of attention, as ii has involved the
question as to whether there were any
such thing as police court in this state
Last summer Mr.. Enoch brought suit
in the r{aule Of the state to have Police
Judge Mitchell ousted on the grounds
that the office was elective ard not ap-
pointive- year ago, when the city Of
tciais we're elected, the police judge was
one OF the officesc to be filed at the cleo
ton Judge Mitchell went before the
Republican convention but the nOmina-
ton was given to Mr.. Enoch. The Pops
and the Democrats nom mated 5 u.
Tucker who was defeated by Mr.. Enoch
by a majority Of 1855 votes. Mr.. EnOch
then qualified and filed his bond, but
Mayor Ross refused to allow him 10 take
the Office, holding thai the Office was ap-
polnIive. Judge Mitchell, who had been
appointed when the metropolitan police
law went into effect was allowed to keep
the Office. The old law in regard 10 The
election OF city officials was passed in
1881 and provided that the police judge
should b elected In Iss7 the melro9oli-
tan law was passed which superseded the
old law and dlzd the Office Of 20 ice
judge BY the appointment Of the police
commissioner. and further provided that
whenever it should go out Of effect the
police judge should be appointed by the
mayor, as If this law had never Keen
passed p \ RJhrbaugh. in 1885, intro
duced a bill pr3F@-iCg for the election OF
the city officials. but making no provis-
ion for the police judge, as the metro
ppiitan law was then in effect. s. when
when the metropolitan law was set aside
10 left the police judge to be appointed
by the mayor as formerly, and yet at
the SAM time there never had been a
law providing for this appointment
Mr.. Enoch based his claim IN the fact
t4at the only law making any provision
fpr the Office Of police judge had made
IL elective and, when the metropolitan
law was set aside, THE Office would again
become elective. while Judge Mitchell
claimed that the provision in the me 70
po.itan law made the Office appointive
whenever the law should 20 out of ef-
TT AUS JAZZ " C+UtQ LoN IT OF M
Enoch. but now the supreme court has
reversed the decision
Yesterday Mr. Euoch was seen by a
reporter for the Eagle and said: The
only thing I know in regard to the de-
cision going against me is what is con
tatned in this telegram from the clerk of
the supreme court, saying: Mitchell VS.. (
State Judgment reversed don't /
know exactly what the decision of the (
court is. All I know is that they re- 4
versed the decision that was il favor OF /.
ne I have put up the best fight I knew /
how. and viii always believe that 1 am I
entitled to the Office. I was not a candi- /
date before The convention for the n5mi- /
nation, in fact. my name was placed be |
fore the convention without my consent /
But I put 10 q good fight Tor the cleo
ton and. as long as I was elected. did I
not propose 10 be kent out Of the Office !
I have had the support of. many friends /
and it is largely owing to their wishes /
that 1 have taken - this matter"
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