The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-01
WEST OUT OF IT.
w. ID. Atkinson Will Probably
BesAppointed Judge.
Result 1l Demand by Third Dis
trict Politicians.
HE HASN'T GIVEN UP.
Judge West VIII Probably &c
Before Convention.
The Appointment Will Be An.
nounced Tomorrow.

Judge J.. S. West, who has been one
of the leading candidates for justice of
the supreme court announced today
that he is convinced Governor Bailey
does not intend to appoint him. AS
Judge West is himself connected with
the governors office it is quite likely
that he knows this to be a fact.
1t is believed that the appointment will
go to w. D. Atkinson of Parsons. A
harder fight has been made for him
than for any other candidate-that is,
his friends have been more insistent
that Governor Bailey give him the ap-
pointment. They have demanded it as
the right of the Third district, although
the Third district has by no means
been united in this action Then, too,
a number of powerful political in
| f1uences have been brought to bear in
Atkinsons favor. While Morton AL
| baugh has taken no open part in the
contest, it is believed that he has ad-
V1Sed the appointment of Atkinson.
| The friends of Judge West, many of
whom are also warm friends of Gov
ernOr Bailey, are now urging him to
become candidate for the nomination
for justice before the Republican state
convention. 1t seems quite likely that
there will be a contest for the nomina
ton, since a number of candidates
have developed strong claims to the
place. Judge West is considering the
matter of going into the race and it
is not at all improbable that he will do
so.
The choice of judge has undoubted
| ly been a hard matter for Governor
Bailey. Each of three congressional
districts have a claim to the place by
reason of location. All of the candi-
dates have qualifications for the place
and are lawyers of ability. The Sixth
district claimed the place by reason of
never having had a member of the su-
preme court except during the short
1 time that Justice Ellis of Beloit was on
the bench, and it claimed the appoint
ment by reason of having been deprived
of representation by Justice Ellis
death. This doubtless had consfdera-
bic weight with Governor Bailey, as
did also the personality of Clark A.
Smith, the leading sixth district can
didate, but some of Judge Smiths sup
porters intimated that 1t would be a
good political deal to appoint Smith, as
he was satisfactory to the Burton peo-
pie and would mollify the threatened
opposition to Bailey. This sort OF
argument the governor did not take
/ kindly to.
The First district claimed the place by
reason of having no representation on the
supreme bench at present. 1t had two
Judge ]. s. West of Topeka. Ryan's APP
pointment was urged on the ground that
! /
| county, but it is doubtful if it would really
work that way, as the Curtis people start
/ ed Ryan in the race. Ryan had the sup
port of his judicial district. Judge West
would have been the personal choice of
Gov. Bailey had no outside influences en-
tered into the contest, and he had more
! Endorsements from over the state than
! all the other candidates combined This is
because of his recognized ability as a
1 jurist and his wide popularity, but his
| support was not of the kind that de
manded' things.
| Atkinson got into the race early and Sc
cured more support in the Third district
1 than any other candidate. Judge G. H.
| Ruckman of Winfield, w. H. Sproul of
Sedan and John Marshall were also Third
district candidates. but AtkinsonS sup
| porters were more aggressive than those
/ of any other candidate. Several delega-
tions came from Parsons and surrounding
counties to Topeka and waited on the
governor in Atkinsons behalf
Although Judge West is naturally some
land the appointment after he had be-
come a candidate, he says that he does
not propose to lay anything in the way of
Gov. Bailey'S success. If he becomes a
candidate for the nomination before the
convention he will ask for the Shawnee
county delegation. Shawnee county sup
ported him Loyalty for the appointment.
1t is quite probable that Clark A Smith
will get into the race for the nomination
will likely have the Burton support, as
he did in the present contest.
Gov. Bailey himself has given no init
nation that he intends to appoint Atkirt-
SON but all the indications point strongly
/ in that direction.