The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-17
IT MAKES TROUBLE.
Old Soldier Decision Causes
Flood of Inquiries.

The recent decision of the supreme
court regarding the old soldiers pref
erenee law is already making trouble
for the attorney general.
A letter came to the attorney gem
erals office today from Belleville, stat
ing that an old soldier had been turned
uoWn TOT appointment as city assessor,
ana ne IS now claiming the office under
the supreme court decision.
Inc applicants for the job of city as
SCISSOR of Belleville were l. o. Savage,
an ola soldier. and John Mccullough, a
mayor OF Belleville, appointed McCul-
I0ugn without saying anything about
their respective qualifications Now
savage claims that he is entitled to
we pace and that any assessments
mace by Mccullough are invalid.
Mayor Wells is away from the city,
ana interested parties have written the
attorney general for an opinion con-
corning the matter.
assistant Attorney General Close
holds that McCullough'sa appointment is
undoubtedly valid in the absence Of
anything TO show that Mayor Wells
considered Savage equally qualified for
the place. Mr.. Close also holds that
Mccullough is the de facto assessor
anyway and his actions as such would
be valid as long as he holds the ap-
pointment
The opinion of the supreme court in
Tic 1OOdilcu case ala not pass the
power OF the appointing officer to de-
| eide upon the qualifications of appli-
cants for appointments, but in the De-
yer case from Junction City the court
held that the appointing power was
the sole Judge of the qualifications of
applicants, and there is no going be-
hind the decision. If the appointing
official says an old soldier is not as
well qualified for the place as his OPP
ponent, he cannot be compelled by any
! NJ cF@
der. Mr.. Close holds that an OFFICER
making an appointment is supposed to
nave taken the respective qualifica-
tons of the applicants into considera-
| ton unless he admits that the old SOL
der is as Well qualified as the other
In the Goodrich case a stipulation
was agreed to by the attorneys that
the old soldier was we'll qualified
Tor the appointment as his opponent,
and it was on this stipulation that the
place was given to Goodrich. The
question in that case was solely the
constitutionality of the old soldier law.
! There is considerable discussion as
to the provisions of this law 1t has
| been disregarded ever since its pas
sage, but since the supreme court up
! holds it appointing officers may take
more notice of it in the future. 1t
| reads as follows:
| I'm grateful recognition of the ser
vice, sacrifices and sufferings of per-
,
of the United States in the war of the
rebellion and have been honorably dis
charged therefrom, they shall be pre-
ferred for appointment and employed
to positions in every public department
and upon all public works of the state
of Kansas, and of the cities and towns
| of this state, over other persons of
equal qualifications; and the person
thus preferred shall not be disqualified
from holding any position in said ser
/ Wire or of his q CiSa hIlifV
/ provided such age or disability does not
render him incompetent to perform the
duties of the position applied for; and
when any such ex-soldier or sailor
shall apply for appointment to any such
position, place or employment, the Off
Ger, board or person whose duty 1T is or
may be to appoint a person to fill such
place shall, before appointing any one
to such position, make an investigation
as to the qualifications of said ex-sol-
der or sailor for such employment, and
| if he is a man of good reputation, and
can perform the duties of said position
| so applied for by him, said officer, board
or person shall appoint said ex-soldier
or sailor to such position, place or en-
ployment.
Penalty. Any state officer or any
board of state officers, county or city
officers. or any board who have been
appointed and have charge of the penal
and charitable institutions of the state,
who shall wilfully disobey or neglect to
obey the provisions of this act, shall be
! deemed guilty of a misdemeanor, and
subject to impeachment as provided by
law, and prosecuted as other cases of
misdemeanor; and in either of said
cases, upon conviction. shall be adjudged
to have forfeited his or her Office.
Reduction. In making any reduction
of force in any of the departments,
cities or towns of this state, the officers
of such department, city or town shall
retain those persons who may be quail
fed who have been honorably dis
charged from the military or naval ser
vice of the United States, and the wild
ows and orphans of deceased soldiers
and sailors.
ANY person knowingly and wilfuIly
violating the provisions of this act shall
be deemed guilty of a misdemeanor, and
upon conviction fined not less than five
dollars nor more than twenty-five dol
| lars for each offense."