The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-02-08
Supreme Court Decides Against
the Old Judges.
Must Make Way For the Cover
nor's AppOintees.
APPLIES TO BUT FOUR.
All Rest Gave Up Without a
Fight.
Chief Justice Doster Disagrees
With Majority.

The supreme court today upheld the
biennial election law so far as 1t ap-
plies to district judges. This decision
seats Governor Stanley's appoinrees
and turns out the four judges VINO nave
been resisting the law, claiming that II
was not properly enacted and that ~
was unconstitutional anyway Chlef
Justice Doster dissents from the opin
ion.
The Judges affected by the decision
are William Thompson of Burlingame,
who will be succeeded by Robert Heiz-
er: A. c. T. Geiger, of Oberlin, who Will
be succeeded by Judge Hamilton, OF
Norton: Judge Andrews of Lacrosse,
who will be succeeded by Charles Lob
dell of Dighton; and Judge Mcbride OF
-Rellington, who will be succeeded by
James Lawrence.
The case was a quo warranto pro
ceeding brought in the name of the
state by Attorney General GODDARD
against Judge Andrews, but the others
joined in fighting it The case was
conducted on behalf of the state by AS
sistant Attorney General West
The opinion was written by Justice
Ellis and covers sixteen typewriter
pages. The syllabus is as follows:
AN enrolled statute Imports abso-
lutte verify and is conclusive evidence
of the passage of the act and of It's
validity. unless the journals of the
legislature show affirmatively, clearly,
concluSively and beyond all doubt thdI
the act was not passed regularly ana
legally and this rule applies to the
title as well as to the body of the act
BY the enactment of Chapter 116
laws of 1901 the legislature sought to
make elections less frequent and to Sc
cure uniformity in the commencement
and therefore. the ending of official terms
and as a part of a general design 1t
provided for an interim between the
time of ending of the terms of the then
incumbents of certain judicial offices
therein specified, and the beginning of
the terms of regularly elected success
Sors, and ordained that during such in
tsrim said Offices should be filled by ap-
pointeeS of the governor The creation
of such exceptional terms and the
method adopted for filling the same
must be regarded as part of the gem
eral design and because such provisions
are consonant with the aims and
purpose clearly deducible from the act
powers conferred upon the legislature
by the constitution, they may
not be adjudged invalid for
the reason that a court may regard
them as unwise, or because if no means
of supplying sucn offices during the in
terregnum resulting from the postpone
ment of certain elections had been deS-
ignated, such incumbents would have
continued to hold until their success
sors chosen in the usual manner We're
qualified"
Judge Doster dissents chiefly on the
ground that the biennial election law
was not properly passed He is also in
doubt on the other points involved.
The opinion of Judge Ellis touches on
the manner in which the law may affect
other officers, and this has set the law
yers to guessing Some of them guess
that the court will turn out sheriffc and
treasurers who have been in two terms
but allow other county officers to hold
over, because the law made no specific
provision for the appointment of their
successors as it did in the case of the
judges
After saying that if no provision had
been made in the law for the appoint
ment of their successors the old judges
might perhaps have held over, the opin-
ion continues:
Possibly that will be the product Of
the law in its application to county off
GERS, or an exception may be decided to
exist as to sheriffs and treasurers who
have held two full terms for which rea-
son it may be adjudged that they are
ineligible to hold for the exceptional one
created by this act. Upon these matters
we express no opinion. That the effect
of the act when construed with refer
ence to constitutional inhibitions and
former adjudications of this court NAV
be to make some of the county officers
hold over under existing laws and 10
require that such sheriffs and treasl1rers
be appointed to fill such interval. is but
a manifestation of legislative discretion.
into the wisdom of which we may not
inquire. We intend no intimation that
such will be held to be the consequence
of the act, and only announce a belief
that II in an action directly involving
the question. it should be so deter
mined. mere considerations of desira-
bility would not suffice to nullify the
provision"