The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-19
IS GODDARD WRONG
Learned Opinion Concerning
Term Of District Judges
Applies to Those Whose Terms
Expire Next Year.
LAW IN THE CASE.
District Judges Not Included in
HOld-OYer Clause.
Repeats by Implication Are Not
Recognized.
IAW IN THE CASE.


curing by the expiration of terms. and
does not adhere to the theory of Attor-
ney General GODDARD that these judges
will hold over
Some time ago the question was rails
ed if the new biennial election amend
ment does not make the district judges
whose terms expire next fall, hold over
to another year instead of going out of
office. thereby creating a vacancy to be
filled by Governor Bailey by appoint
ment. Attorney General GODDARD gave
an off-hand opinion that it would OPP
crate in this manner. but well known
Kansas lawyer has been investigating
the subject and takes the opposite view.
He has embodied his views in the fol-
lowing opinion:
The last legislature adopted senate
concurrent resolution No. 5. submitting
a proposition to amend the constitution
by striking out section OF article 4,
and sections and 4 of article g. and
inserting in lieu of said sections the fol-
lowing, to constitute section of article
4:
8" General elections and township cleo
tions shall be held biennially on the first
Tuesday succeeding the first Monday in
November in the years bearing even
numbers. All county and township Of
ficers shall hold their Offices for a term
of two years and until their successors
are qualified: provided, that one county
commissioner shall be elected from each
of the three districts numbered 1. and
3, by the voters Of the district, and the
/ legislature shall fix the term of office
of such commissioner: such election to
be at a general election, and no term of
Office to exceed six years
=. All officers whose successors would,
under the law as it existed al the time
of their election. be elected in an odd
numb ered year shall hold Office for an
additional year and until their success
sors are qualified.
" No person shall hold the Office of
sheriff or county treasurer for more
than two consecutive terms
Article of the constitution relates to
elections, and before the adoption Of this
amendment provided that general cleo
tions should be held annually in No
vember, and that township elections
! should be held annually in April until
/ otherwise provided by law.
Article 8 relates to county and town
/ ship organization Section three as
amended years ago provided that all
/ county officers should hold two years
and until their successors were qualified,
except county commissioners, and that
/ sheriffs and county treasurers should
not hold for more than two consecutive
terms.
Section provided that township Of
ficerS, except justices of the peace
should hold their offices for one year
! from the Monday next succeeding their
election, and until their successors were
qualified.
..These provisions being now super
seeded by the amendment, the question
/ arises as to who are meant by the eX-
preston all officers whose successors
would under the law as it existed at
the time of their election. be elected in
an odd numbered year
1T will be noticed that this change
affects only the article touching cleo
TONS and the one concerning county
and township organization. The object
| evidently was to provide for a system
Of general elections so that county and
township officers, including county
commissioners, could be chosen not
! Oftener than once in two years This
we know by the language used and by
the wide public discussion of biennial
elections at and before the last session
of the 1egisla ture, and by the cases
brought and determined in the supreme
court involving the same question in
different forms. An amendment was
Indispensable for the accomplishment
of this object because the legislature
had no power to provide for the cleo
ton of county commissioners biennial
" under the constitution as 1t existed
before the amendment, nor of township
officers. except justices. The same body
of lawmakers which adopted this con-
current resolution also enacted the
biennial election statute providing fol
elections in the even numbered years
for county officers, except commission
ers. These officers together with town
ship officers, except justices of tbs
peace, could not be thus embraced
within the terms of a statute, henct
the proposition to amend the cOnstltu-
ton. In this statute express proVlslor
was made for the election of district
Judges in the even numbered years II
order to effect this object it was enact
ed that successors to those whose terms
expired in January, 1907, should pc ap'
, ~, IN hnT 54nfi
January. 1908. their successors to b'
: elected in November 1902. Also, tina
successors to those whose terms shOuie
expire in January, 1904, should be ap
/ pointed by the governor to hold unit
January 1906 their successors to b.
elected in November, 1904, and that NJ
: election for successors should De helt
in 1901 or in 1903 This provision wa
held constitutional and valid by tn
supreme court in Lobdell V. Andrews
! THE act was silent as to the ap
: pOintment of county treasurers am
, sheriffs and it was held in the Tru1t
: case that these officers WouIu hoio al
additional year as the legislature ha'
! made no provision for the appointment
1 or election of their successors befor
November. 1902. This statute was ap
proved on March I, two weeks after tn
= approval of the concurrent resolution
S which indicates clearly enough that tn
S legislature which enacted the one an
adopted the other did not intend tn
one to be abrogated or Ieptaleu py ~
= other and earlier expression of its vii
4 Must the language concerning al
officers etc, be taken in its Itera
signification2 Most certainly not 70
this would make it include not onl
+ / county commissioners, but also count
= printer in Barber county, count
- printer in Linn county, MEMBER OF IN
o board of railroad commissioners who
Y elected by the executive council a 1udg
+ of the court of common pleas of Wyan
= dotte county, a secretary of state nin1n
L industries. elected BY the assemble
delegates of the state association {
miners. and various other officers. I
such manifest absurdities no rule
+ NAL statute is to be given force. the
a this constitutional amendment, in usin
the expression all officers etc. NEAR
cnLlrlIN and township OlIlcerS ana ~