The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-11
THOMSON STANDS PIT.
Judge of Burlingame Issues
Statement of Case.
WILL FIGHT TO DEATH
Declares Governor Is Wrong
ing People of State.

Topeka, Kan, Jan. 10.-In reply TO the
criticisms which nave been made 70 his
action in applying for appointment as
judge under the new biennial election law
and the contesting of the validity of the
statute, Judge William Thomson of Bur
Iingame judge of the Thirty-ffth judicial
district, has issued the following state
ment:
The undersigned takes this method OF
acquainting the people of Usage, Wa
baunsee and Pottawatonlie counties with
the course he intends to take concerning
the office of district judge. and his reasons
for so doing.
In consequence of a law which the IN
dersigned deems clearly unconstitutional,
the governor appointed another to hold
the office of judge of this district for one
year from the 18th day of January. 1862.
The undersigned was an applicant for the
place, but was unsuccessful, and on the
surface it might appear inconsistent in
him to seek such appointment and then
contest the validity of the law under
which it was given TO another.
From the beginning he asserted to the
chief executive that such appointment
would be invalid. and confer no power on
the person selected by him, but in con-
sideration Of the fact that the under
signed was the elected officer, he believed
that his appointment would prevent
controversy as to the title OF the Office
in this district, while the appointment Of
any other who had no elective title would
surely bring one on. His attitude upon
this question was freely asserted by him
at all times, and no one was deceived.
The people had elected him three times
to the Office, after his first appointment IN
March, 1889, and four times had he quail
fed by taking the oath TO support the
constitution OF the state. The people have
given him a trust TO which he would be
recreant if he yielded to a statute which
is plainly an encroachment upon the
fundamental law of the land. Unless he
resign, it is his duty to see that the leg
islative and executive departments do not
invade another Of equal importance.
In the discharge of his official duties
he had occasion less than a year ago to
pass upon a similar statute which effect
ed the incumbents of the Office of county
superintendent, and held the law to be
invalid; which decision was followed by
the courts throughout the state, and was
generally acquiesced in. Four months
later the supreme court of sister state,
in a case of exactly similar nature, de-
cided the same way. and cited twenty de-
cisions of other states in support of the
principle. II he were conscientious then,
he is none the less so now when the same
matter affects himself and the rights of
the people. No one in the entire common
wealth is safe, either in person or prop
erty, if the constitution is allowed to be
invaded and overthrown.
THE undersigned has twice made over
lures to the appointee of the governor
for the purpose Of a peaceable solution O.
the question, by its submission TO the
supreme court, so as to avoid any IN
seemly strife for position so important
to the interests of the public, but thus
far without avail. He is still ready to
submit the matter to that tribunal, and
will do all in his power to further a
speedy determination Of the case. In the
meantime, firmly convinced that he is
the judge Of this district in fact and in
lew, that the adverse claim to the Office
is absolutely invalid and unconstitutional.
and in no spirit of defiance but with q
desire only to uphold and maintain the
highest law to which all must bow, and
by a due regard, not for politics
but for principle. it is his purpose to hold
the Office and refuse to vacate it until !
such time as the supreme court shall so +
decree, or until successor appears who /
has been elected by the people and has
been duly qualified
WILLIAM THOMSON"
SHE'S BREAKING AL. CUSTOMS /