The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-12-27
He WILL WAIT.
Governor Not to Appoint Sher-
ifs Till Jan. 13.
Then He Says There VIII Be
Actual Vacancies.
MAKE A TEST CASE.
Says He Will Make But One
appointment.
Knows But Won't Tell in What
County 1t Will Be.
MAKE A TEST CASE.

Governor Stanley will not appoint
any sheriffs to succeed those now in
office until there is an actual vacancy.
which will be on January Is. On that
date he will make an appointment in
one county, who will bring quo war
ranto proceedings in the supreme court
to oust the present incumbent. This
viii be a test case and in case the Su-
preme court decides that the present
incumbent can no longer serve and
that actual vacancies exist, he will ap
point sheriffs for the other counties
L cannot legally appoint anyone I'M
til there is an actual vacancy said the
governor, land nobody claims there
will be one until time for the officers t.
change in January When that tirrn.
comes / will make one appointment in
order to bring a test case"
Have you decided in what county
you will bring it?''
well, yes, in my own mind, but 1
would not like to say at present, be-
cause something may come up to make
me change my mind. 1t will be in a
county. though, where the Republicans
have united upon candidate for ap
pointment Then 1 suppose the man
who is in now will refuse to give up
the office and the man whom appoint
will have to bring action in the supreme
court to get him out, and in that way
the legality of the matter will be quick
ly settled
There are several counties in which
the Republicans are anxious to have
an appointment made and in which the
appointees are willing to bear the ex-
pense of bringing the suit to settle the
question. Montgomery, Cowley and
Leayenworth are three of these coun-
ties. 1t is quite possible that the ap
pointment may be made in Leaven-
worth county, as Sheriff Everhardy, of
Leavenworth county, does not stand
very well with the powers that be- Hs'
is not only a Democrat, but he is the
sheriff who allowed the burning of AL
exander, the negro, several months ago
The Republicans of LeavenwOrth coun-
ty are anxious that the test should be
made there and d. R. Anthony, Jr.,
called on Governor Stanley several
weeks ago and urged Governor Stanley
to appoint some one to succeed Ever
hardy
In case the supreme court decides
that the governors appointments stand
there will be along list of appointments
to make, as the governor will not only
name Republicans to succeed PopuliSJS
and Democrats who are now in office.
but also to succeed all those Republi-
cans who have held the office for two
consecutive terms.
The issues involved in the cases of
the sheriffs are considerably differe at
from those in the cases of the district
judges. In the latter instances the
judges can hold the offices indefinitely,
elected to the office for more than two
terms consecutively. Even if the su-
preme court decides that their terms
end at the expiration of the time for
which they We're elected, it would not
necessarily mean that they could not
serve until their successors shall be
elected and qualified" in the cases of
the judges, but it might be very diff
ferent in the cases of the sheriffs who
are prohibited from holding the office
more than two terms.
The same provision applies to county
treasurers, but the terms of treasurers
do NOT RXnlrP until in October fh0r0
will be no vacancy in that office for
nearly a year.