Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1902-01-18
Jndlclaa conIrnxersx-

Judicial Controversy.
st the opening Of court January Il,
after Judge Geiger had taken the
bench, Mr. Hamilton presented his
appointment and oath and said:
I now, by virtue of this appoint
ment and oath demand possession of
the trial docket, the necessary papers
and books of this court for the pur-
pose of performing my duties as judge
of this court. I demand of the sheriff
the clerk and the bar, that they re-
cognize me as the judge. I further
protest against 4. c. T. Geiger, who
Is now assuming to act as judge of the
Seventeenth Judicial District. acting
in that capacity, and demand that he
yacate the bench and allow me to
occupy it and transact the business of
this court. Will you comply with the
demand?''
The sheriff, clerk and bar remained
silent and made no response. In re-
tuSing to surrender the position, Judge
Geiger said.
Under the law and constitution,
as l view it, must decline to recug-
nize the appointment, and the demand
will be refused upon the ground that
the judicial Office is elective, SO made
by the constitution, and that there
has been no election held to select
successor. Also that the act under
which the appointment is claimed to
be made, is unconstitutional and void,
has not been regularly passed by the
legislature, nor yet is it in accord
with the constitution which is the SUI
preme law of the land and proceeds
the acts of the legislature "
Mr.. L.. II. Thompson is represent
ing me as my COUNSEL" said Mr.. Ham
ilton, land l will acquiesce in what
ever he may see tit to do in the mat
ter. l have done what [ have for the
purpose of preserving my rights. 1
have done nothing for the purpose of
embarrassing the officers of this court
nor the members Of this barr
land l take the position do, " said
Judge Geiger, mot from a personal
point of view, but under a sense of
sworn duty. InSubscribed to the same
oath as did brother Hamilton, and
contend that a successor must be
elected and qualified. Attorneys and
and courts differ honestly as to the
law, and as to whether or not the con-
Stitution shall be followed as against
the legislative act. Mr.. Hamilton has
preceded as the law directs, and
have no personal feeling as against
him for making the claim to the office.
L appreciate the gentlmanly manner
in which the proceedings have been
carried forward by the contestant.
Personally believe had L stepped
aside for one moment even, L would
have forfeited every right the people
had through me to assert the claim to
an elective judiciary in this district.
L have no desire to hold when L am
not entitled, and as soon as tie Su
preme court passes on this matter,
should it finally be determined that
the law as passed by the last legiSla-
ture is good, then not for one moment
shall assert a right and claim to the
office, nor shall l collect one penny Of
compensation for the time during
which Mr.. Hamilton should have
held if the law is adverse to me. 1t
is not dollars and cents with me. 1t
comes in as an incident to the posi-
tion. The right to the position comes
first, then, as consequence, the COM
penSation must follow.
Later in the day an agreement was
reached to submit the entire matter
to the supreme court on an agreed
statement of facts.