The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-06-08
THEELECTIONLAW
Its Fate Submitted to Supreme
Court Today.
Prominent Attorneys on Both
Sides Argue the Case.

The supreme court, with all of its
seven judges on the bench, heard the
arguments this morning in the test suit
brought against the biennial election
law.
The arguments were made by G..
Polk Cline, H $. Rogers and A. M
Harvey for the plaintiff and by Attor-
ney General GODDARD and w F. Schoch
1arned- He is a Republican, and he is
a candidate for the judgeship that fur
nished this suit, whether the law is de-
clared valid or invalid.
w F. Schoch appeared for the pres
ent county officers in Shawnee county,
and opened the argument, with relation
to the county officer part only he
cOntended that the tendency of the
courts is toward a liberal construction
of the constitution; that the law is not
prohibited, or at least is within the i'm
Piled powers of the constitution; that it
is the settled policy in this state that
the courts uphold the validity of leg
1slatiVe acts unless clearly and beyond
reasonable doubt the same are uncOn-
stitutiona1- In support of his conten-
tion that the act is a popular measure
and demanded by the people, who want
rest from politics, he cited the recent
conduct of the governor of South Caro-
lima in refusing Tillman's and McLau-
rims designations.
Polk Cline occupied the most of the
plaintiffs hour in presenting that side
of the case He held that the plain
language of the constitution was S1fh-
cient to annul tie law He cited four
articles in the constitution that he
claimed were violated, and that section
of the bill of rights defining the powers
reserved to the people because not dele
gated to the governn ent.
H. s Rogers spoke mostly to the
construction of the word vacancy. he
said it meant an Office with no one in 1t.
He declared that it was a violation or
political rights to confer on a governor
the power to appoint officers to a
vacancy that is not made by death or
resignation.
Governor Harvey said but few words
in the form Of statement Of fact to
the effect that a search OF the Journals
of the legislature failed to show where
the title of the bill had4been amended so
as to include judges. The title as given
in the statute first appears in the record
of the MESA ging OF the signed bill from
the governor to the senate
Attorney General GODDARD adhered to
his announcement that his argument
would be brief. He said the fact of the
passage OF the bill is conclusive proof
that it is benefcent. He held that no
express provision of the constitution is
must be as apparent as expressed ones
to overthrow the law He cited instances
of legislation out Of existence OF town
ships which IegiSlated out OF existence
elective officers as justices of the peace
and it was ratified by this court The
constitution does not 20 into details
but leaves that to the legislature and to
it to provide for emergencies. The leg1s-
lature is given latitude especially, he
thought in construction of the constitu-
ton as applied to political matters.
The court told the attorneys that it
would decide the case as quickly as pos
Sfble and not wait for the regular de-
c1sion day in July.