The Wichita daily eagle., 1901-06-13
TO DECIDE IN JULY
Local Politicians AnxiouSAbOut
Supreme Court Decision.
ON THE ELECTION LAW
Some Peculiar Facts About
the Laws of Kansas.

Local politicians are becoming anxious
about the decision Of the supreme court
In the biennial election law which viii
be handed Gown on July l. If the law
Is declared unconstitutional it VIII be
necessary I7r the various parties to hold
primaries and conventions to nominate
candidates for county Offices to be voted
upon this fall.
Ex-County Attorney John Davis said
last night lnat in his opinion the court
would sustain the law in so far as it ap-
piled 10 county officers and decide the
clause unconstitutional which provides
for the election of judges Of district
courts. lie said the county officers ef-
fected by the new law were county clerk,
treasurer. sheriff. register OF deeds, sur
veyor and coroner. BE said people gen
orally were OF the opinion thai these Of
fcers would hold over until the first
general elecdon provided under the new
law, which is in November, 1902, while
some of the attorneys claime4 that the
government would make the appoint
ments to fill the vacancies.
He said there was one case before the
supreme court in which a judge had been
nominated for election next fan. The
secretary OF state refused to file the
nomination papers and the case was
brought upon mandamus. Up in Brown
county q nomination was made for
county Office and the county clerk refused
to file the domination papers and the
same proceedings were filed against him.
The question which the supreme court
viii be called to pass upon is whether
this biennial election law IS constitu-
tionaL lie said all the officers whose
terms Of Office expires next fall are in
terested in the decision as well as the
fellows who mignt expect an appoint
ment in case a vacancy is declared and
the governor ILLS them.
This IS a pretty interesting question
and a reporter for the Eagle undertook TO
ind out a few facts about it Judge
Wilson has received a copy OF the new
law and in regard to county officers ii
says:
County elections shall be held on the
Tuesday succeeding the first Monday Of
November, 1902. for all county officers ex-
cept county commissioner and every two
years thereafter and no election for
county officers shan be held prior to that
time"
The law in another section provides
that the governor shall appoint judges in
certain districts where the term Of the
presiding judge expires in q year in which
the law does not provide for an election
but there is not a word said about the
county officers whose terms expire before !
1902 This raises the question as to
whether there viii be a vacancy and II SO /
whether the governor can Ill it
The new law provides for biennial cleo (
tons and the constitution OF the state
plainly says that the general elections I
shall be held annually on the Tuesday /
succeeding the hrst Monday in Novem- I
Der. The same section fixes the time for
township elections on the first Tuesday I
in April until otherwise provided by law. /
but there is no qualification TO the annual 4
general election clause and wen in I
formed attorney said last night that the 1
supreme court has said that county cleo
fions are general elections.
Ii is q fact. that many people not law
yCrs have overlooked that the constitu- I
ton creates only two county Offices di- /
rect They are clerk Of the district court (
and probate judge. An o. the other
county Offices are created by the legis-
iature under article g. section .. which /
says 'Ehe legislsture may provide for