Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1906-08-22
G. A. R. INSULTED.
Supreme Court Violates Old Soldiers
Preference Law After Officially
UphOlding il.

interest Of the entire republican
ticket either. Recently there was
a vacancy in the Office of supreme
court reporter and Benjamin F.
Simpson, an old soldier, and a
young politician were rival candi-
dates and the old soldier was turn
ed down and the young politician
was appointed. A few years ago the
Legislature passed what is known
as the Old Soldiers Preference
Law which provides that in cases
wherein old soldiers are candidates
for appointments they shall be CIV
EN- the prefence over others if the
qualifications are equal. The su-
preme court passed on the consti
tutionality of this law and upheld
it but when the practical side of it
was checked up them they prompt
ly ignored it. This action was
strongly condemned by Grand
Army Posts everywhere and the
Grand Army of the state also took
notice of it and not long ago
adopted the following resolutions.
Every old soldier in Kansas should
read them:
"Whereas, The laws of the state
of Kansas, in grateful recognition
of the sacrifices, services and suffer
ing of the men who served in the
army and navy of the United States
in the war of the rebellion, and who
have been honorably discharged
therefrom, provided, among other
things, that such person shall be
preferred for appointment and EN-.
ployment, to positions in every
public department, and upon all
public works of this state, and of
the cities and towns throughout
over other persons of equal qualih-
cations, and the persons thus pre-
ferred shall not be disqualified on
accouat of his age,it becomes man
datory and obligatory on the part
ofsuch appointing power to prefer
and to appoint such soldier appli-
cants to the positions sought, and
for failure to do so said law
wisely provides that whoever DISC
beys or neglects to obey the provis-
ions of said law, shall be deemed
guilty of a misdemeanor and sub.
ject to impeachment and punish
ment and shall, upon conviction,
be adjudged to have forfeited his
Office; and,
"Whereas, This law has been
upheld in more than one instance
by the Supreme court of this state
as constitutional, wise and salutary,
and in harmony with the unbroken
line of decisions upon like laws by
the Supreme court of this nation.
Whereas, In the face of this law
and of public policy, legal decis-
ions and glowing tribute to the
men of whom it has been said,
They need no praise, whose deeds
are eulogy, five members of the Su-
preme court of the state of Kansas,
towit: Henry F. Mason, Rosseau
A. Burch, Adrian L. Green, Slias
Porter and Clark A. Smith, who
had sworn in the psesence cf AL
mighty God that they would faith
fully support and uphold the con
stltution and laws of the state OF
Kansas, did but a few days ago,
violate in letter and spirit this law
and without sufficient excuse or
justification, therefor, failed to ap-
point our beloved comrade, Major
Benjamin +. Simpson, a gallant
soldier, finished literary gentleman,
former member of the Supreme
court and most skilled and accom-
plished lawyer for the office of Su-
Preme court reporter and instead,
did appoint an embryotic and
would-be lawyer of doubtful and
equivocal politics, to a position
sought by our comrade. being one
of the highest positions of profit
and trust in this state. and all this
in open defiance and violation oil
the laws of the land, and,
Whereas, The platforms of all
political parties now seeking polit-
ical preferment and especially of
the political party upon which
these men are to stand and seek re-
election, expressly declare in favor
of the enforcement of this soldier
preference law to the uttermost, in
letter and in spirit: and.
Whereas. Court decisions, how
ever honestly made, party plat
forms, party pledges, and the sa
credness of the oath of Office mean
nothing to these men, and by their
= wanton disregard and violation
thereof have evinced their unfit
ness to be longer continued inofice