The Topeka state journal., 1902-05-15

The new chief justice will be Judge w.
A Johnston.
Heretofore the chief justice of the su-
prene court has always been elected
every six years. An attorney might be-
cone chief Justice Immediately upon
his accession to the supreme bench in
the past. even though other justices had
served on the bench for years. This
was the case with Chief Justice Doster
six years ago. The chief was elected
just the same as the governor.
But hereafter that feature will be
changed. Men will simply be elected to
the supreme bench, and the men Der
who has seen the longest continuous
service will become chief justice. This
is why Justice Johnston will become
chief after Chief Justice Doster's pres
ent term expires. whether Judge Dos
ter is reelected or not
The change was made by the amend
ment to the state constitution adopted
two years ago which increased TIE
number of supreme court judges from
three to seven. 1t did away with eject
ing the chief justice and provides tnat
the justice who has been on the bench
the longest shall be the chief or presid-
ing Judge
Justice Johnston will have been on
the supreme bench continually for IS
years next fall. He was first elected to
succeed Justice Brewer, now of tie
United States supreme court. VIXEN the
latter was appointed as 4 IeueIdl atiuSt-
Judge Johnston took his seat immedi-
ately after election He has been three
times reelected since.
Judge Johnston came to Ottawa coun-
ty. Kan, more than 80 years ago ana
formed a law partnership with Judge
R F. Thompson, who has been on the
bench of the Thirtieth judicial district
for the past II years. In 1876 Ottawa
county elected Judge Johnston to the
lower house of the legislature and he
followed this with four years N the
state senate His district took n ev-
erything from Ottawa county for more
than 200 miles west to the Colorado line
In 1879 he was appointed assistant Uni
ted States district attorney, but resign
ed when he was elected attorney general
in 1891. He served two terms as attor-
ney general and was then elevated to
the supreme bench. on which he has
since served, and next winter he Wll.
become chief justice.
The office of chief justice differs prir-
cipally from that of plain. plug asso-
ciate justices in that there is more work
about it. The chief justice not only has
to preside at the in banc sessions of the
court but the routine work Of making
orders, assigning cases and the respon-
sibility of seeing that the docket is kept
up devolves upon him.
If when Justice Johnston retires from
the supreme bench. Judge Doster is still
a n enber. he viii again become chief
Justice If Judge Doster has retired
and Justice Smith Is still on the bench,
he will become the chief. If neither of
these IS still on the bench. one of the
four appointed by Governor Stanley q
year ago will become the presiding
Judge
Some people have wondered how it
will be decided IN case two or more
Judges shall have been on the bench
the same length of time The law pro-
vides that the oldest in years shall then
become chief. It is possible that this
may be the case whenever there is a
change hereafter, for there will be two
justices chosen at every election and
sometimes three.