The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-07

Judge Greene started the trouble by
refusing to sit IN the case because he
had a personal interest in its outcome.
The other four judges who are cand1-
dates at the coming election also tes-
tified" some of them refusing to sit un-
less the whole court did and others stat
ing that they would like to be relieved
OF the responsibility.
Then tie court went into consultation
for half hour to determine what
should be done The half hour length
ened to over an hour. In the meantime
thirty or forty lawyers in the court
room, to whom the unprecedented ac-
ton of tie court was great surprise,
sat around discussing the situation
One suggested that State Auditor Cole
be notified to hold up the pay of the
supreme court till the mutiny was end
ed. A newspaper man suggested that
Governor Stanley be called upon to offer
his good services to get the supreme
court justices union to call the'strikeson
and arbitrate it afterwards.
1t was nearly noon when the court
again filed into the court room. Chief
Justice Doster stated briefly that a
number of authorities had been consult
ed and the majority of the court had
reached the opinion that the five JUS
tees who are candidates at the coming
election are disqualified from sitting in
the case.
The action was a surprise even to the
members of the court. The case was
called for hearing by Chief Justice Dos
ter the briefs for both sides had been
distributed TO the justices and most Of
them lad settled back to listen to the
arguments on the motion to cuash filed
Monday by Assistant Attorney General
West. Then Justice Greene broke in:
Il want to make statement" ne be-
gan, both in justice to myself, the
court, the parties Htigant and the bar.
/ understand the merits of this case re-
fer to the official ballot at the coming
election The plaintiff Craddock has
brought this action to have his name
placed on the ballot on two tickets My
participation in the decision might pos
sibly affect my election or defeat.
Therefore, being personally interested,
will not be compelled to sit in the case"
Then Justice Pollock broke in.
Il have thought something of hi"
matter, too.' he said, but 1 feel that tie
parties have a right to a hearing in
court. But at the same time l do not
wish to sit unless the whole court shall
sit"
Chief Justice Doster then came to the
front
4 have not given the matter any con
sideration," he said but / feel as -;--a
ether justices have expressed them
selves, and would ike very much to be
relieved of this duty.
Here Justice Burch, Judge Ellis new
ly appointed successor. took W the
strain.
"On account of my recent appoint
ment 7 feel peculiar embarras ssrnenu
IN IllS matter. ne DeRaN- L nave given
the matter considerable thought but
have not arrived at a conclusion salts
factory to myself. The parties Hts-art
have a right to a full hearing before the
court but if It IS POSSIBLE / woul6 be
very glad to escape this responsibility"
Justice Cunningham got the connec-
ton at this point and ha said:
I consider this a disa rreeable duty
but the plaintifrs have nowhere to go in
this case at to this court. and unless
the plaintiff will withdraw the action /
will consider the case as CONSCIENTIOUS
ly as possible"
Judge Allen and David Overmyer, rep
resenting the plaintiff, w. Il. Craddock,
waived all personal interests of the JUS
tees and urged and respectfully in
sisted" that all members of the court sit
in the case.
But Justice Greene had made up his
mind.
Il nave investigated the matter thor
oughly'' he replied, land believe that a
judge has no right to sit in a case in
" nich he is personally interested. even by
consent of the parties litigant. l still ad-
here to my former conclusion and re-
spectfully decline to sit in the case
The justices then talked the matter
over briefly among themselves and an
nounced that they would retire for con
heightened INTO an hour and quarter be-
fore they finally returned and Chief JUS
tice Doster announced the decision.
David Overnyer asked what sort of an
entry would be made in regard to the
case and what would be its final DISPOSE
ton.
That can be determined later" replied
Chief Justice Doster, s'but the case is dis