The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-06
Law IS UPHELD
Ccontinued from Flrst Pags.l


cial tenure of some of the offices named
in the constitution is two years; that
Of some of the others is three years. and
for still others four years. The prOs1~
sion simply declares that annual cleo
tons shall be held on the Tuesday sue
ceeding the first Monday in Noven bers
and was obviously intended to TX the
time for general elections ana also 10
provide an annual opportunity for the
election of officers who under the law
are to be chosen annually or are 20 De
elected in any year. When the consti-
tuition was framed and for many years
resentatives were elected annually
hence annual elections were nee
essary- An annual election y
still necessary for the election or
county commissioners and under the
statute township officers are now cho-
sen at the annual November elections
1t is clear that there was no attempt
by this act to abrogate the annual cleo
ton provided for in the constitution
1t still remains for the election of such
officers as are to be chosen at that
time under the constitution or statutes
AS to being against the constitutional
policy of election of officers by the peo-
pie, the opinion reads: NO constltu-
tional provision has been found which
expressly or by Implication limits the
legislature in fixing the comm encement
of terms of district judges and county
officers. A limit to the duration OF
terms is prescribed but when the terms
begin and end is fairly within the auth
ority and discretion of the legislature.
It is expressly provided that the legis-
lature shall have the power to provide
for the election or appointment of all
officers and the filling of all vacancies
not otherwise provided for in this con-
stitution.
IAN examination of the act challeng-
ed it continues, shows that no at
tempt has been made to either length
en- or shorten official terms, or to alter
or affect the tenure of the incuIn beuLs
of any of the offices named in the act.
The policy of the statute is to secure
uniformity in the beginning of official
terms. The postponement of elections
for one year is a reasonable and, in fact
the only practicable method of accom-
plishing the beneficial purpose of the
legislature. If the legislature had post
pOned elections an unreasonable length
of time, longer than was necessary to
effect the avowed purpose and so be-
tray an intention to make the offices
appointive by preventing the people
from choosing their officers at stated
intervals and for regular terms, or if
1T appeared that 1t was done merely to
etxend official terms and as a favor to
incumbents of officers, there might be
occasion for a judicial interference and
condemnation.
In making provisions for exception
al LcIllAS OF 1nleIEeSnullS arising from
a change IN the time of elections, the
constitutional right of no officer is in
fringed. He is entitled to hold his Of
flee for the fixed term for which he was
elected and until his successor has
qualified. He does not hold as in some
of the states until his successor is elect
ed and qualified, but he holds over only
till such time as his successor who has
been chosen according to law has quail
flied and presents himself for the Of
fee 1t will be observed that
in some of the cases cited the vacancies
or exceptional terms have been filed
by provisional appointments and in
others the incumbents have been per-
mitted to hold over until the beginning
OF the regular term 1t is immaterial
whether the interval between the reg
ular terms is called a vacancy, an in
terregnum or an exceptional term.
Whatever it is there is no doubt power
IN the legislature under the authorities
to make provision for the occupancy of
the Office until the beginning of the
next regular term and the fact that ap-
pointment is provided for will not rem
der the act invalid.
The matter of dispensing with I'M
necessary elections and in securing uni
fOrmity in the commencement of Off
cial terms is one that is purely political
IN character, and within the discretion
of the legislature as well as within its
power. Whether the interval between
the regular terms of judges is to be
act-and that is the opinion of the
writer-or whether it is to be filed I'M
der other provisions of the law there is
no doubt of the validity of the act and
that the secretary of state rightly de-
termined that there was no election to
be held in this year Whether the in
cumbentS of county offices affected by
the act shall continue in office or whether
appointments shall be made under the
general law is not a question for de-
cision at this time. 1t is enough to say
that the act of the legislature in post
pOning the election and providing that
gin at the same time does not conflict
with any constitutional limitation"
PARSONS WINS AT LAST.
The supreme court reversed Judge
Glass who granted a temporary injunc-
ton on the board of charities to pre-
vent them from buying the site and
building the new asylum at Parsons
Parsons IS at least victorious after
standing law suit and fights in the leg
islature for over two years.
MAY CONDEMN FOR IRRIGATION.
The law permitting condemnation of
lands for irrigation purposes was up
held by the supreme court decision
handed down today in the case of the
State VS.. The Lake Koen ton,
Judge. Ansel Clark in the Barton coun-
ty court decided that the law was I'M
constitutional in this case. The supreme
court reversed him
CHASE COUNTY @,OND CASE
In the opinion in the Chase county
bond case. which was written by Judge
Pollock, the supreme court sustained
the refusal of Auditor Cole to register
the bonds and backed W in detail the
opinion from the attorney generals
office by Judge West upon which the
auditor originally acted.
The supreme court decision distin-
guishes between present bonded in
debtedness and the extra debt that re-
funding would saddle. It held that to
issue $100, 600 to refund $50. 000 as in the
Chase county case. would be creating
a debt of SEQ. 600 without consulting the
taxpayers. It further pointed out that
there was nothing to prevent another
refunding being made two years later,
as the law is not specific. The court
hold that unclaimed 1cl.r,lL,s MT On