The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-06
LAW Is UPHELD.
The Biennial Election Measure
Is Sustained.
Only County Commissioners Will
Be Elected This Fall.
APPLIES TO JUDGES.
Governor Stanley Must Appoint
Their Successors.
The Court is Unanimous in the
Decision.
Parsons at Last Wins in the
Asylum Case.
.PPLIEs no JUDGES.
Complete List Of the Opinions
Handed Down Today.


The supreme court today upheld the
biennial election law. This means that
there Will be no elections in Kansas
this faM except for the office of county
commissioner. County commissioners
elections were not included in the law
because the constitution expressly pro-
vides when they shall be elected, one
each year.
The supreme court went even farther
than anticipated when it upheld the
law with reference to the district judges
and under the decision Governor Stan
ley win appoint judges in all cases
where the terms expire this year. His
appointments will hold until the regular
election under the new law which win
be a year from next fall.
While nothing is said about the coun-
ty officers holding over until next year
it is known that under the statute they
viii hold over with two exceptions
The constitution expressly provides that
the sheriff ana treasurer can not hold
Office for more than two consecutive
terms and accordingly a successor to
Sheriff Cook win have to be appointed
to serve from next January until the
following January and a successor for
Treasurer Philips will also have to be
named for the same period. The gov
ernor will appoint the successor to
Sheriff Cook and the county commits
sioners win select Mr.. Philips sue
cessor- The county officers who viii
hold over are eounty clerk and register
of deeds.
The recent Republican primary in
Shawnee county was held under the
assumption that the law would be de-
clared unconstitutional and the nom
inees of the primary may have to go
through the experience of another prina-
airy next year.
THE BIENNIAL ELECTION LAW.
Justice Johnston wrote the opinion
The syllabus reads:
Chapter 176, laws of 1901, which pro-
Vides for pOstponing the election of Ger
tain county and judicial officers for Pc
RODS Of a year, with a view to secur-
ing uniformity in the commencement of f
official terms and dispensing with fire.
quent and unnecessary elections does
not conflict with article Z. section = of
the state constitution providing for an
nual elections
For the purposes named the legisla-
ture has constitutional power to re-
adjust the commencement of Official
terms by postponing elections for a
reasonable time. and provisions for the
ming OF the Offices during the interval
1IAftIIA AA4r emu OA one regular term
and the commencement of another are
not invalid
While the legislature cannot ex
tend or abridge the terms of office fixed
oy the constitution, nor postpone elec-
tions so long time as to deprive the
ofnces of their elective character the
poStponement for one year for the pl1r-
poses stated is not deemed to be an mn
reasonable nor unnecessary time, nor
TO indicate a legislative design to make
the offices appOintiVe rather than elect
i've
Two cases We're laid before the su
pfeine court Albert II. Wilson Judi
cial nominee in PaWnee county ana =
III. HerWins, sheriff nominee in Shawnee
county, mandamused Secretarv Of
state Clark to put their names on the
official ballot
A brief statement of the situation to
be decided is. That if this act is con-
stitutional the refusal to accent and file
the nomination papers of the candf
dates named was justified but if it il
void Judicial and county officers are tr
be elected next November The mes
ure, which seems to have met with cen
eral favor and to have been enacted
with unanimity, lis designed to dispense
with the frequency and irrar17l j ,.i+7- ~
elections. and also TO avoid the agfta-
ton, and expense which attend then,
Under former statutes some Of 49,
district Judges and nun Der of the
county Of1cerS were chosen al the con
eral election every year The aoF Il,
question undertakes to revise the slac-
toral system and readjust the begin
ming Of terms by providing that an
county officers, except county commits
sioners, shall be chosen at the same
general election. and that judicial ~
hcers shall only be elected every two
years when state and county officers
are elected To accomplish this purnose
and introduce uniformity the election r,f
county officers who would under the ol7
order or Things have been chosen. at the
election In 1901 was postponed until arc
election In 1902. and judicial a1ac+so,.s
which would have occurred in certain
districts in the odd years were 1,oet
poned for one year and required 70 he
held in even years This action naces-
sarily left an interregnum of one xeo,-
between the end of one reeular, te-r-,
and the commencement of another a,,5
as to the Judicial officers the act mo
Yided that the interval should be filled
by appoin tment of the governor ana -
left the interregnum so far as the
county oihces are concerned to be sun
piled under the general provisions Of
the law.
The opinion reads in part:
We are clear that the act in no vvav
violates the provision for annual elac
tions. Manttestly there was no purpose
TO destroy or interfere with that re.e-7s
"a tlon- Ine constitution does rot pro-
vide now many nor what particular Of
ncers shall be chosen ait any election
lt certainly was never the intanffon
that each ofncer should be elected at
fContfuued ~ sT-FT, -