The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-09
IN HOOKS SHOES.
If He Gets CaldwelI's Place
Johnston Is in Line.
Politicians Say Chief Justice Is
Slated for Place.
is NOT YET SETTLED.
Judge CaldweIIs Successor a
Question Of Speculation.
May Be Discussed When Presi-
dent Visits Topeka.
is NOT YET SETTLED.

question of the appointment of a Uni
ted States circuit Judge will be discuss
ed when President Roosevelt visits To-
peka on May l. Judge Caldwell has set
no date for his retirement from the cir
cult bench, and he will probably not do
50 until he knows who is to be his sue
cessor. But if the latter matter can ne
settled during the presidents trip it is
not at all unlikely that Judge Caldwell
will announce his retirement and his
successor will be named soon after the
president returns to Washington
The politicians generally believe that
Judge Hook win be promoted to the
circuit bench While Pension Commis-
sioner Ware has been mentioned in con
nection with the appointment, Mr. Ware
is not an active candidate for the place.
He would doubtless accept it If it We're
rendered him, but it would probably
have to come to him much as did the
pension commissionership.
The probabilities for Judge Hooks
promotion are so strong that the poll
ticians are already figuring on VINO viii
succeed him on the United States dis
trict bench for the district of Kansas.
1t is not at all improbable that tins
would lead to another promotion and
that CHIEF Justice Johnston.of the Kan
sas supreme court. would succeed 20
the district bench. There is not jur-
ist in Kansas who stands higher than
Chief Justice Johnston. He is the only
Republican who kept his place continu-
ally in the state government during the
days OF Populist rule. He first went on
the supreme bench in 1854, succeeding
David J. Brewer, who went to the Uni
ted States supreme bench. Judge john
ston betame CHIEF justice upon the re-
tirement of Chief Justice Doster last
January. by reason OF seniority on the
supreme bench His opinions during the
19 years he has served on the bench
form large part of the legal preced-
ents OF Kansas courts His appoint
ment to the federal bench would be
promotion, for the appointmeu would
be for life and a district judgeship now
pays $4,000 d year. just double his sal
ary as chief justice of the Kansas su-
preme court.
If Judge Johnston should be promot-
ed Justice Smith would become chief
justice Of the state supreme court 1t
would also create a vacancy on the su-
preme bench. which Governor Bailey
would have to fill by appointment. but
the politicians have not yet got around
to fill that
Somebody has started the story that
the new railroad commissioner law has
abolished the present board and that
there is now no railroad commission
and cannot be any until the people
elect a commission next fall under the
new law Just how this conclusion is
reached is not made clear. The old law
was only partially repealed. so the pres
ent board is not entirely abolished The
present board exists and the section
setting forth its powers was not re-
pealed or amended
The only sections Of the old law which
were repealed or amended are sections
l. 2 and L. Section 1 simply provides
that the executive council snail elect
the commissioners in 1901, and provides
for their terms of office Section pro-
vides for the election of the successors
of the original board Section pro
vidcd that no person interested IN any
wav in a railroad could be member Of
the board and that not more than two
members must be of the same political
party
contention that the present board can
hold over until the people elect theIr
successors. This is urged by the friends
Of T. N. F'ike the present Democratic
member of the board. Fike would, OF
course. like to hold on another two
years -
In discussing the new law Attorney
General Coleman said:
II have read the new law very thor
oughly. 1 think I have read 1t more
than any other man IN the state. and
believe there are two sides to the queS~
fion as to whether the board actually
exists. The first section of the new
law declares that state beard of rail
road commissioners is hereby created
Then provides that the commissioners
are to be elected as other state officers
are This taken with the repeating sec
tions which repeal the old sections
authorizing the executive council to elect
a commission, would seem 10 indicate
that there Will be no railroad commits
SIGN until the members are elected az
the next general election However. the
other section of the law modified thc
first section by inference and leaves the
matter in such shaae that it must be
straightened out by the courts
S. 3. Rohrer. of Coney county. is an
other Fourth district man to become Z
candidate for railroad commissioner
He was until recently in partnership,
with Frank Grimes here in Topeka in
the bond brokerage business but re-
Gently Mr.. Grimes sold out to hirs.
A epe~s mas been made tl.at Victor
Murdoch VIII offer to appoint David l.
T.eahy as his private secretary. An
other guess mas been s-.aG1 ts~t E-c-s.z-
rect
Here is new problem for the po-
iitical spectators to figure on: Guy E.
Woodhouse. representative in the recent
legislature from Wallace county viii
be one Of the main entertainers OF
President Roosevelt at Sharon Springs
Mr. Voodhouse was for Long in fhe
enatorial contest. but his mother is a
cousin Of the Mulvanes. Probiem Who
gets the political prestige out OF this9
Il want to see the Republican party
run on broad lines instead Of narrow