The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-30
Hughes Gives Up Idea of Fore
ing Appointments.
Judge Carver Says There is No
Disposition to DO So.
NO MEETING is CALLED
Council Will Not Convene Until
Monday Evening.
Appeal Papers VIII Be Ready
This Week.

No special meeting of the city coun-
ell has been called to force the coniir-
nation of Hughes appointments. and
it is not likely that one win be called.
7. F. Carver. attorney for Hughes,
said today that there is no disposition
to force appointments and that only one
or sgo which are necessary viii be
made. This includes a councilman in
the Sixth ward to take Mr.. Hughes
place. Judge Carver thinks there viii
be no objection to that.
The fact of the matter is it is doubt
full if the council would confirm APP
pointments, since Judge Hazen has held
that Hughes is not the legal mayor.
An effort has been made to force the
council to accept the appointments in
the face of the decision, but the council
men prefer to wait. Councilman CLANCY
reiterated today what he said yester-
day. He thinks Hughes should make
appointments only from month to
month.
Judge Carver said today that it will
not be necessary for the council to con-
sent to the appeal of the case He says
the suit ls against the individual neln-
bers as a canvassing board. and the
council is not required to act as body.
Seven of the individual members could
prevent the appeal. however
Judge Carver is working on the
papers to appeal from Judge Hazen's
decision and he says that they viii be
ready in a day or two. No members OF
the supreme court are IN lQpeAAA now.
but Judge Ellis or Chief Justice Doster
is expected back before Monday. SO that
an order may be secured to prevent the
council from making the canvass in ac-
cordance with Judge Hazen's order.
G. G. Clemens said today Of the eff
fort to force the confirmation of APP
pointments:
why should Mr. Hughes and the Re
publican council Immediately fill the ap-
pointive ofices2 We acquit the council
of any illegal intention; but, according
to Judge Hazens decision. they did an
illegal act in issuing a certificate to MIR
Hughes. Had they not done this MT
Parker would have been given the GER
tffcate and would today be mayor in
consequence Of a legal canvass. as MT
Hughes is mayor only in consequence Of
an illegal one. The moment the council
meets it must issue certificate to 1-r.
Parker. Why2 Because he should have
had it in the first place. Mr. Hughes is
now acting as mayor solely because OF
an unlawful act which Judge Hazen has
ordered shall be undOne. So that as the
law judicially declared now stands Par
ker is at this moment the rightful may
or and only a meeting Of the council Is
needed to give him the legal evidence
Of his right. The city offices are all fill
ed. Nobody but office seekers is suf-
fering from want Of new appointments.
If the supreme court should reverse
Judge Hazen, very likely it VIII take but
two months to do It. Then Mr.. Hughes
can 90 on like an honorable man and
make his appointments. 1t is but a short
time to wait and Mr.. Hughes lawyers
sa ythey are sure Of reversal. Why then
this urging OF indecent conduct by the
Capital? If on the other hand the SUI
preme court should affirm Judge Ha-
zen's decision, then Mr.. Hughes win
never have had the moral right to naIne
an appOintee If Mr.. Parker is to be
mayor he should not find every subordi-
nate Office filled by a political foe plot
ting to make his administration a fall
ure
"sueh conduct as the Capital advises
never failed to react on the party guilty
of it, And it must be remembered that
this is not a-state contest between Dem
ocrats and Republicans. Mr.. Parker was
elected by Republican votes and could
not have been elected otherwise. He was
elected by Republicans whose votes
count at general elections tOO,--men vO-
ters For party reasons, then, Hughes
and the council should refuse to con-
slider for a moment the Capitals tricky
advice.
'sBut should such a thing be attempt
ed what then? The court fixed Monday
night at MrV Spencer's suggestion
That gave ample time for Hughes
attorney to get ready for the
supreme court and It was a
privileges. If the council should be
called sooner, will not the court change
its order to take effect at that meeting
and must not the city attorney consent
to the change? And in that event would
not Mr.. Hughes be simply committing
suicide should he call a special meeting
to confirm appointments. The special
meeting would make Parker his sue
cessOr.'