The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-24
SIMMONS WILL HOLD
r. f. Vermiiion Says Public Will Not
Suffer.


who is the sheriff Of Sedgwick county
is the question that was asked a good
many times in this city yesterday. The
question raised in the attorney. general s
Office as to the legality OF service by act
ing sheriffs who have held their Offices
for more than two terms has caused
good deal OF talk.
In the meantime while this talk is going
on Charles Simmons smiles and reckons
he is still sheriff. He has recently re-
turned from the meeting Of sheriffs at
Topeka and it is enough to say that he
has not remote idea of giving up the
Office until some court OF competent juris-
diction iutimates that his time is out
The Sherids association are not all of
one mind. What they have agreed 10 do
is TO find ont what the law actually
means and they viii have the supreme
court corstrue it.
If they hold over. the four year men
wiz gain that much, bet the one year
term sherihs think there is a probability
if they hold over they VIII not be eligible
for a second term. Ike Lambert IS en-
gagged 70 argue the case before the su-
pr=me court fer the sheriffs and it is
probable that ne viii try to prove that
the biennial election law simply leugthens
the term Of the present sheriffs and that
they VIII hold over because their would
be successors cannot be legally qualified.
It was ascertained from Mr. Simmons
that the sheriffs are not giving them
selves any trouble about the opinion of
the assistant attorney general to the ef-
FsI
had held office four years were not legally
served.
r. r. Vermnlion. Of the firm of Stan
Icy Nermilion & Evans, SAID lie had not
made any examination or THIS matter.
but it was evident from his converse
tion that he had some very decided opin-
iors In REGARD to the official action of
sheriff simmons.
He had an idea that the courts had held
that dofacto county officer could legally
perform tho duties Of tie cnce in spite
Of the 1act that he might he illegally
filling tie Office at the time He said
shat nobody questioned the fact that
Sherif simmons was defacto sheriff or
this county while some people might
claim that Re vas NOT sheriff de sure
Mr. Nermnuon said there had been
case passed uron 10y the supreme court
Of Kansas that he thought might ba made
10 ft this case. The county commission
ers Of ore Of the counties OF this state
had declercd tie county treasurer's Office
vacant and appointed a man to ,u the
vacancy TIE supreme court afterward
found there was nc vacancy at The time
bur tie aQpoiutee got possession of the
office and the court held that beius county
Treasurer defacto HIS official acts were
legal as between third PARTY and the
public
lis idea vas hat Sheriff simmons
being The defaeto sheriff there VA; no
question that The p@blic would not be
-liai Be to suffer on acoouut of his ioldinc
the oiiice. lie had no fears that the
papers ssrvcl by sle sheriff would he de-
fecilNe even thoush the supreme court
misht later hola rlat somebody else was
entitled u the Office. There ,night De
question between Charles Simmons and
some otaer party as 10 Who vas tie
lesal sheriff but lhe Qus stson womb not
effect The rights of people HAVING lslsi-
ness Nlth the sherins flr SIS Ions - he
holds thu ONCE. he is dsfacto sheriff snG
il ms opinion he acts IS such oticer. VII
be hels 10 he legal
The funeral q Mrs Dr. Geo. l.. Pipsr
VIII take place from the residence. aie
North Mead avenue. II lo.so tonVrrow
morning