The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-19
JUSTICES TO
HOLD OVER
Election Was Useless as Far
as They are Concerned.
C0NSTABLES HOLD OVER
Attorney General Holds That
They Remain Township
Officers.

Yesterday Judge ]. H. Ash received a
BETTER from the attorney general which
gives the opinion that the voting for JUS
tees and constables at the election held
April 7th was useless and that the jus
tices IN ofie before the election should
hold over until the general election in the
fall of 1904. The letter is as follows:
Topeka, Kans., April 10, 1903.
John II. Ash, Esq. Wichita, Kan.
Dear Sir
Replying to your letter of April 13
/ beg to say that justices of the peace
and constables are nevertheless township
officers, although elected in cities of the
first or second-class. and, as township
officers. those in Office will hold over
until after the general election of 1884.
Your late election of justices was use
less. The successful candidates have ac-
CURED no rights. See State VS.. Parry.
52 Kanl; Senate Concurrent Resolution
No. 8, Session Laws of 1901.
Yours very truly.
c. c. COLEMAN,
Attorney General.
The contents of this letter became gen
orally known yesterday morning and the
attorneys of the city who heard Of the
opinion discussed it very freely and near
ly every one concurred in the opinion
Justices We're preparing to go out of office
within a few days, but none viii unless
quo warranto proceedings are brought
and they are ousted by the courts. Judge
Ash Judge Walker and \. Thos. Cherry
were the justices of Wichita township
at the spring election and will hold over.
The Justices elected April 18th We're A.
Thos. Cherry. +. a. Gackenback and
Shelby p. Duncan. The constables elect
ed were B. r. Smith, John S. Beckwith
and S. S. Woodcock. A. ThCs. Cherry
is the only one who Will be in Office for
the next two years. The law ciHtd in
the letter is an Arkansas City case de-
cided in favor of the old justice.
There was some question raised yes
terdey about the city court officers and
whether those elected had any right to
qualify and take their seats. 1t is said
that the supreme court has held the city
court to be a township body and one of
the attorneys were of the opinion that
these came under the same ruling as the
justices
The larger number of attorneys were
Of a different opinion. however, and be-
Iieved that the city court officers should
takes their places this spring. Mr.. Geo.
Alexander. the new judge of the city
court, stated to the Eagle last night,
that in his opinion it would have no effect
on the city court officers. The city courts
by a special act of the legislature and in
this it is provided that the judge, clerk,
and marshal are to be elected at the
spring election in the cities and are to
hold for two years He stated that the
law had provided for the city court Off
GERS in having them elected in the spring
even if they were township officers. but
the biennial election law was operative
In the cases of justices and constables.
Judge Ash, it is said, will open an office
in the city at an early date and COM
pete with the city court in some cases.
He claims that the legislature passed an
act giving justices of the peace their
former rights in cases or replevin when
the sum involved is less than three hun
dred dollars and giving the justice the
rights of magistrates. They cannot fine
q person but il is within their power
20 bind them over to the district court
according to the statements Of Judge Ash
1t will be remembered that the powers
of justices were curtailed by the legisa-
ture in that they had no power to try
GILL cases where the consideration is
more than one dollar in taking away
from them the right TO sit as magls
frates and TO try replevin cases. Judge
Ash holds that a part of these rights
have been restored. Justices Of the peace
cannot be abolished because of a section
in the constitution providing for them
TO aid in drawing juries-