The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-09-29
BURcH GETS IT.
Salina Man Selected for Justice
Ellis Place.
Republican Committee Makes
Selection This Afternoon.
SIX MEN NOMINATED.
Choice Was Made on the Fiftl
Ballot.

Stanley Will Appoint Burch to
the Vacancy.
r. A. Burch. of Saiina. was this after
noon selected by the Republican state
central committee for the four-year
term for associate Justice of the SUI
preme court. to fill the vacancy on the
state bench caused by the death of Judge
Ellis. The selection was made on the
Afterst committee was called to or
der by Chairman Albaugh at 2:15
O'Clock S. H. Hodge of Beloit nominated
Clark A. Smith of Cawker City; James
A. Kimball of Salina named r. A.
Burch; w. D. Casey Of Atchison named
H. M. jackson of the, same place; Mark
Tulley of Independence named C.. H.
Kimball: Harry Pestana presented the
named Judge A. w. Benson of Ottawa.
On the first ballot the vote stood:
Burch, II; Benson. 2; jackson. 5: Mon
Albaush and Cyrus Leland voted for
Burch. D. w. Mulvane for jackson,
Henry Allen for Benson, w. Y. Morgan
for Jackson. The vote was not along
factional lines. Thirty-one votes were
nate.
On the second ballot Mulvane changed,
to Monroe, and was followed by the
scattering Burton element, but the anti
Burton crowd still scattered.
On the third ballot D. r. Anthony, jr..
changed from Jackson to Bdrch. The
Q; Monroe. 10; Smith, 2; Kimball. 8.
On the fourth ballot Allen and Dodge
s6 5aeh ad sns IN tbe h s h bao two tbe m
vote stool: Burch, 20; Monroe, 10: Ben
son, l.
70
Mr.. Burch to the vacancy on the su-
preme bench and Mr.. Burch will there
fore take his seat probably at the Oc-
tober sitting beginning next Monday.
Judge Ellis seems to have had a pre-
monition that something might sudden
ly happen to him and he gave Mrs. Ellis
and Gale Jones. his secretary. num-
ber of directions concerning his affairs
in case death should come to him sud-
denly. Among other things he directed
Mrs. Ellis to ask Gov. Stanley to ap-
point Judge Clark A. Smith as his sue
cessor.
As soon as Governor Stanley reached
Beloit yesterday Mrs.. Ellis sent for hiri
to come to her home Though she IVA
almost oyerwhelmed- with grief she con-
veyed to the governor her husbands
wish.
Before he went to Topeka, this last
time," said Mrs. Ellis. 1.-The judge said
he would. go down. this time and see if
he was able to do his work. If not he
intended to withdraw He told me to
ask you, if anything happened to him,
to appoint Clark A. Smith as his sue
cessor.. He said he did not know what
you might think OF his making the re-
quest, but he thought II you knew
Judge Smith you would respect tie wis
dom of his Judgment in the natter
The request touched Governor Stanley
deeply. and while he will probably be
guided by the action of the state com
cessor to the supreme bench from now
until January, he will use his influence
to have the committee decide upon
Judge Smith to ill the vacancy on the
state ticket.
H. M. jackson of Atchison who was a
candidate for the Atchison judgeship.
switched his boom Saturday night to
the supreme court vacancy, and ]. NJ.
Chisham, s. H. Kelsey and others who
had been fighting him for the Atchison
other. -s-s
James A. Kimball, John L. Bishop. T.
D. Fitzpatrick are here from Saline to
push r. A. Burch's candidacy for the
vacancy.
The plan to leave the place vacant on
the Republican ticket and allow Judge
Doster to be reelected was revived late
Saturday night. It is being pushed by
attorneys who think that Judge Doster
Is one of the best justices who ever sat
on the supreme bench. 1t is quite like
ly, however, that there will be too much
politics in the matter to allow that. All
the candidates for the vacancy will
unite in opposing such plan, and at
ter they have defeated 1t they will fight
it out among themselves to see which
shall get the plum.
WOULD NOT OPPOSE DOSTER
Strange as it NAV seem. the sugges-
ton that the vacancy on the Republi-
can ticket be allowed to remain and
that Judge Doster be allowed to be
elected by default, Is said to have come
from the railroad interests A. A Hurd.
doomed Doster. and representatives of
other companies said that Judge Dos
ter would be very acceptable to them.
In view of the fact that when Judge
Doster was first candidate for the
supreme court six wears ago the busi-
ness interests of the state were all
against him. this is a peculiar condi-
tion. At that time Judge Doster was
called an anarchist, his socialistic ut
terances were brought up against him,
and when he was elected it was feared
that he would overturn all precedents
on the supreme bench. On the contrary
he surprised everybody by being ex-
| tremely conservative, and his decisions
are regarded by attorneys as being as
nearly perfect as any judge could make
| them. 1t is doubtless true that tine rail-
road interests would rather have a
Judge who will absolutely follow the
law IHan ANY otueT hInO. anu 1Or tndt
reason Judge Doster is acceptable to
them.
But the majority Of the politicians
could not see it that way. They want
a Republican on the bench and for that
reason little attention was paid to the
Doster suggestion by the politicians.
/ The Sixth district leaders were not
able to get together during the entire
! forenoon The Sixth district has four
members OF the state committee. DR. A
b. Jones Of WaKeeney, Bob" McGonf-
gal of Colby, Otis L. Benton of Oberlin
| and F. B. Denman OF Osborne. Denman
| is not here and his proxy is held by s
H. Dodge, editor of the Be1oit Gazette
Jones and McGonigal are for Judge Lee
Monroe Benton started in this morn
! ing for r. n. Thompson of Norton, but
| the Monroe men are claiming his sup
port. Colonel C. d. Jones. Elmer Ames
and Frank Lockard are pushing Thomp-
| son TAol1rzfz IL llflcnxnr xnr,folaaisiuf.lx fo1