Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1900-10-26
SHALL WE ABOLISH THE COURT OF
APPEALS?

the papers of the state, and the AclrAToR has
not mentioned the matter up to this time. We
give below an editorial from the Kansas Com.
moner, which is worthy of careful perusal:
"At the November election, the question
will be submitted of amending our constitution,
increasing the number of judges OF the supreme
court from three, as it is now, to seven. II
this amendment is adopted, then the court of
appeals, which expires by limitation in Janu-
ary next, will be abolished, and, in lieu of the
present supreme court and the court OF appeals,
we will have supreme court of seven Judges
"The proposed amendment to the constitu-
ton provides that if the amendment is adopted,
the governor shall, as soon as practicable after
the second Monday in January next, appoint
four judges, who shall hold their Offices until
the second Monday in January, 1903; that at
the elecrion in 1902, five judges shall be elect
ed, one of whom shall hold his office for two
years, one for four years and three for six years.
According to this amendment, the election
Of 1902 will determine the political complexion
of the supreme court for the succeeding four
the same as every odd-year election since 1890,
the amendment will result in turning the court
permanently to the Republicans. 1t would
take at least six years before sufficient changes
could take place to change the political com
pleXion of the court.
"At the election of 1898, Justice Allen,
Populst was defeated, and Justice Smith, a
Republican,, was elected in his stead. This
gave the court Republican majority. Since
that time, the efforts of the Legislature to regu-
late the charges for shipping stock, and the
court. fvisitation law, have both been over
thrown. Freights have advanced from fifteen
to twenty per cent, aud the people are left
without means of redress. The people who
believe that the railway corporations of the
state should be controlled and made amenable
to law are at present powerless, and will con-
tinue to be If the Republicans carry the legisla-
court.
"This amendment to the constitution is not
in the line of reforms advocated by the Peoples
party, but is directly the opposite. We have
constantly urged that equitable laws governing
corporations enacted by the legislature could
only be maintained and put in force by our
having control of the courts. This amend
ment removes the court further away from the
people, anu abolishes what they procured by
the establishment of the court of appeals. The
court of appeals comes nearer to the people and
is IN line with the ideas contended for by the
-, 1f oQc u.
and the judges are elected from different divis-
ions of the state, and are more nearly in touch
with the people.
"Whether the intention of the trainers of
the proposed amendment to the constitution
was to put the supreme court under the control
of the corporations Of the state or not, we do
not know, but we do know that no better meth
I'd could have been devised to accomplish it.
1t would be much more in accord with what the
Peoples party has been advocating to amend
our constitution by taking from the supreme
court the power it has arrogated to itself in
overriding the will of the Legislature, and con-
fine its jurisdiction to what was originally in
tended, both in the federal and state consttu-
tions, viz, that the jurisdiction of the court
extended only to the Interpretation of laws as
enacted by congress and the legislatures, IN.
stead of setting them aside.
Jefferson said: The assumption of power
by the courts would ultimately lead to despot-
ISM If the almost unlimited extent to which
the government by injunction is being carried,
and the assumption by the courts of guardian
ship of congress and Legislatures, has not al
ready established despotism, it certainly is
tending that way.
"There are no laws, either federal or state,