The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-08
SOLVING A PROBLEM
Good Nafured Contest Over
Office of Sheriff.
COURTS MUST DECIDE
Mr.. Simmons VIII Bow to
Decision Whatever 1t Is.

The question as TO who will be sheriff
of sedgwick county after the present
term of Sheriff Simmons expires is still
an unsolved problem. There is divers
ity of opinion as to when the present
term of Charles Simmons expires.
Henry schad's friends are giving out
the word in sort of confidential way
that Governor Stanley will give him the
appointment next Monday, and it is an
open secret that Sheriff Simmons does
not intend TO give up the Office until the
supreme court has passed on the matter
1t is admitted by all parties that the
law does not contemplate that a sheriff
shall hold more than two terms, but the
ms are making the point that the new
law simply extends the term to three
years. 1t is claimed that the sheriff
must hold his office until his successor
is duly qualified, even if it be any num-
Der of years and that an appointment
by the governor is not a qualification
because there is no vacancy at the time
the appointment will be made.
The contest in this county is a good
simply matter of law. People look at
the law differently. The question is
whether the law intends that the present
sheriffs shall hold over until the general
election or whether there is a vacancy
which the governor may legally fill by
appointment.
All parties concede that the supreme
court is the proper tribunal to construe
the law and the sheriffs' association in
tends to take up the case for that body
to pass upon. The sheriffs claim that
they do not want to hang the matter
up in the supreme court and hold over
another year, but that owing to the i'm
portance of the matter it will be ad-
vanced on the docket and be decided in
a very few days.
1t is understood that no legal action
will be taken here. but the parties inter-
ested will await the decision of case
that will be taken from one of the east
ern counties of the state. If the court
holds that the present sheriffs should
hold over until the next election. Sheriff
Simmons Will remain in Office another
year, but if the court holds that the new
law creates a vacancy, he will turn the
Office over TO f1enIY SCndQ ana walk OUT.
In connection with this the following
from the Topeka Capital of yesterday
has bearing:
'At a meeting at the Copeland hotel last
night arrangements were made for the
prosecution of a case to test the consti-
tutionality of the biennial election law
Governor Stanley has announced his in
tention of appointing Andy Pruitt as
sheriff of Montgomery county TO sue
coed Sheriff Squires, who was elected
last year on the Populist ticket. Squires
viii refuse to vacate his Office and Pru-
lit will file quo warranto proceedings
in the supreme court to Dust him. An
agreement was made at the meeting
last night that the candidates for ap-
pointment as sheriff in the forty-one coun-
ties effected by the law, should assist
Mr. Pruitt in bearing the expenses OF
the litigation. The prosecution of the
case will probably be in the hands of
George W. Wheatley of Galena o. 2.
Ergenbright of independence, and F. p.
Dawes of Leavenworth. who were pyes-
ent at the meeting last night. Among
others who attended were Andy Pruitt
and Mark Tully of Independence, and c.
L. Raines of Galena.''