The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-10
AN EYE ON 1T.
Lawyers Look for Vacant Chair
in Supreme Court.
Think Either Johnston or Pol
lock VIII Move.
ERGENBRIGHT IN 1T.
Third District Man Would Like
to Have Place.
Believed That 1t Will Go TO the
First District.
ERGENBRIGHT IN 1T.

If either Chief Justice Johnston or
Justice Pollock are elevated from the
state supreme bench to the federal
bench, Governor Bailey will have all
kinds of trouble on his hands if he does
not take time by the forelock and
promptly decide who shall go on the
Supreme bench. Already candidates are
being groomed for the expected va
cancy, and there are indications OF a
fight down in the Third district over
the matter.
The Third district politicians are put
ting forth every effort to land Justice
Pollock on the federal bench, with the
expectation that the vacancy on the
supreme bench thus created will then
come to that district as Justice Pollock
is a Third district man. So confident
are they that this may be the outcome
that candidates for the vacancy are Sc
curing endorsements to present to Gov
ernor Bailey at the proper time.
1t is stated that the Burton crowd in
the Third district will line UP behind
O. P Ergenbright of Independence,
and it is asserted that strong pressure
can be brought on Governor Bailey to
appoint him. Judge L. Stillwen, Of
Erie, Who has been on the bench of the
Allen NeOsho judicial district for the
date. and will line up strong support
This will make trouble down there.
The Burton element in the Third dis
trict figures that the appointment Of
would put them in pretty good shape
in the Third district, but if such should
be the outcome it would Immediately
make George w. Wheatley trouble for
denomination for railroad commissioner.
The First district will have a strong
claim on the vacancy on the supreme
bench There are seven places on the
bench and seven congressional districts
in Kansas, yet the First district has
not had a supreme justice since David
Martin retired several years ago. The
Fifth and Seventh districts each have
two judges at present, but If Chief Jus
tice Johnston is advanced to the fed
eral bench by President Roosevelt it
will afford an opportunity to equalize
matters by giving the First district the
vacancy. Chief Justice Johnston and
Justice Burch come from the Fifth dis
trict.
The supreme judgeship proposition is
being discussed in private among the
politicians. and 1t will break out Wig
orously as soon as it is assured that
there will be a vac 1ncy on the supreme
bench. This assurance will not come
positively until Judge Hook is con-
firmed as judge of the United States
circuit court and it is known whom
the president will appoint to fill the
vacancy thus caused on the federal dis
trict bench
The political pot in the Second con-
gressional district is simmering right
along and will probably reach the boil
ing point ere long, although the congress -
sional convention is still eight or ten
months away and the election is stu
considerably over year off.
There are thus far three avowed can
didateS for the Republican nomina ton,
with several other possibilities. Con-
gresham Bowersork is asking for a re-
nomination; H ]. Allen of Ottawa serv-
ed notice year ago that he would be a
candidate; and ex-Congressman Z. II.
Funston of lola is also an avowed can
didate.
Bowersock will of course. have his
own county, Douglas. without a contest
and Allen viii have Franklin in the
same way, but there will be a spirited
fight between them for Johnson and Mi
ami with the chances perhaps pretty
evenly divided 1t is probable, too, tina.
there will be a straight fight between
Allen and Bowersock for Bourbon coun-
ty, although it is possible that John c.
Crider of Fort Scott, may become a can
didate. Order was a strong anti-Bailey
man in the Wichita convention and will
therefore probably 40 what he can
against Allen in case he cannot land
himself
Funston viii get his home county, AL
len, and he will put up a fight against
BoWersock in Linn, while in Anderson
there viii be a three-cOrnered fight as
Bowersock. Allen and Funston will all
try for 1t.
The big contest will be in Wyandotte
county as Wyandotte will doubtless be