The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-13
WILL CONTINUE in OFFICE
County Officers to Await Decision of
Supreme Court

If it had not been for the biennial
election law passed by the last legisla-
ture several hundred officials in kan
sas would have gone out of office today
AS it is, no great number of changes
viii be made until the supreme court
passes finally upon the constitutionality
of the law.
The most important offices affected
are the district judges. If the law is
good the terms of 13 judges, whose
terms commenced four years ago, would
expire today. Seven of these judges
have been reappointed by Governor
Stanley, so that they would succeed
themselves anyway. OF the remaining
six, Judge Burris of Olathe, today gave
way to w. H. Sheldon, and Judge Glass
of MarySViHe, gave way to sam Kim
BILE, the governors appointees.
The other four. Judge Thomson OF
Burlingame. Judge Geiger of Oberlin.
Judge Mcbride of Wellington and
Judge Andrews of Lacrosse, are con-
testing the right of the governor to ap-
point successors for them.
Regularly the terms of sheriffs, coun-
ty clerks, registers of deeds and county
surveyors would expire today. In cases
of vacancies in the Office of sheriff ap-
pointments are made by the governor
to fill the vacancy. Governor Stanley
issued commission at noon today to
Andrew Pruitt as sheriff of Montgom-
cry county to fill the vacancy until his
successor shall be elected and qualified,
and on this appointment the test will
be made in the supreme court to see
whether there is vacancy in the office
of sheriff. If the supreme court decides
in the affirmative there will be a great
many sheriffs to be appointed.
The county commissioners of the va
riouS counties appoint treasurerS, clerks,
registers of deeds and surveyors when
vacancies occur in any of these offices.
In a few counties the commissioners
have already prepared to make appoint
ments for clerk and register of deeds,
and in some of the counties for treas
urer, but most of them will wait until
the supreme court passes upon the BIZ
ennial election law in the case of the
district judges. That decision will settle
the fate of registers and county clerks.
The fate of the treasurers will depend
upon that of the sheriffs. as the statutes
prohibit these two officials from holding
theiH offices more than two consecutive
terms, which makes an entirely different
question of the proposition to oust them
from that of the other officers.
The term of the present treasurers
does not expire until next October, only
about three weeks before election. BY
that time the county nominating conven-
tions will have been held. and it is
probable that in most counties the COM
missionerS will wait until that time and
then appoint the nominee of the party
to which majority of the commission
erS belong. The appointee would have
only about three weeks to serve, how
ever, in case he should not be successful
at the polls, for the election would be
to fill the vacancy as well as for the
regular term.
The law relating to the terms of coun-
ty surveyors is worded slightly differ
ent from that of other officials. and for
that reason there is little doubt but
what the present surveyors are in office
until their successors are regularly
elected and qualified.
If the supreme court upholds the bi-
enniai election law in the case of the
district judges, the county commission
ers will have the power, if they happen
to differ from the present incumbents,
to turn out the present county clerks
and registers of deeds Immediately and
the treaSurerS later on.