The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-06
HITS ROSE HARD.
Kansas City Mayor Fined 81 900
for Contempt.
Given Twenty Days to Make
Payment.
IN JAIL IF DEFAULTS.
Must Serve in Topeka if Money
Isn't Paid.
Has No Right to the Office Of
Mayor.
Electors Can't Restore What
Court Takes Away.

Mayor Rose. of Kansas City. was
fined 81, 900 today for contempt of the
supreme court
Mayor Rose, the supreme court holds.
has no right to the Office of mayor un-
der his recent election and in attempt
ing to off1ciate as mayor after the SUI
prene court ousted him, he is held to be
in contempt.
The contention of Mayor Rose that
the original judgment in custer did not
operate to deprive him OF the right to
occupy the mayors office after his re-
election at the special election held az
ter his resignation is passed upon clear
~ in the syllabus as follows:
Where mayor of a city of the first
class by official misconduct forfeits his
office, and the forfeiture is Judicially de-
clared in quo warranto proceedings,
the judgment of custer will operate to
deprive him of the right to take or hold
office during the remainder of the term
to which he had been elected.
The electors of such city cannot in
special election restore that which was
forfeited nor limit the effect or the en-
forcement of the judgment Of custer by
electlng the unfaithful officer for the re-
nlainder of the term forfeited
In the bocy of the opinion which was
written by Chief Justice Johnston is to
be found the following regarding the
effect Of the resignation of Mayor Rose
before the judgment in custer;
The Judgment cannot be deemed in
valid because of the resignation of Rose
just before the rendition of judgment.
The issues were Joined, testimony had
been taken, and the case was ripe for
trial before the resignation and the de-
fendant could not then, by surrendering
the Office, divest the court of jurisdic-
ton. nor thwart the purposes of the
proceeding. The public had an interest
In the action, and the judgment to be
rendered was Of no less consequence to
il than to the individual interest Of the
Mr.. High has said. Is not at all depend
ent upon whether he has done any act
which necessarily implies a claim to its
exercise. and il any act can be shown
Judgment Of custer will be given not
withstanding the usurpation has ceased
before the trial. II, where a statute
gives the prevailing party in proceed
fngs upon a quo warranto Information
the right to costs absolutely the court
viii give Judgment of custer notwith-
standing the information is entirely
fruitless, the term of offlces having long
since expired
Further along in the opinion Chief
Justice Johnston says: Since under the
this right to occupy the office for the
remainder of the term no subsequent
election or appointment could restore to
him that which he was adjudged to
have forfeited and lost. The electors
Of the city are as much bound by the
law and the Judgment rendered in pur-
susnce of the law as their representa-
tives and officers, and the special cleo
tion did not warrant the defendant in
ignoring or violating the Judgment rem
dered under the law"
The Anal paragraph of the opinion in
NH 10 Ind iS contained 3c q q
follows;
The contention that to deprive the de-
fendant of the right to hold the office for
the remainder of the term is to take
away right from him without due pro-
cess of law is not well founded He is
only made to suffer the penalty impos-
ed for misconduct in office and viola
ton Of law. The office is created by
statute The grounds of forfeiture are
described by statute. and the statute
provides the method by which the for
feiture is declared. He has no vested
right to the office, and especially none
which may not be forfeited and lost by
misdeeds. Having violated the statute,
he must suffer the penalty which the
statute prescribes. Having disobeyed
and violated the judgment lawfully rem
dered and still in force he is In con-
tempt Of this court and win therefore
be adjudged to. pay fine of one thou
sand dollars, and the costs OF this pro-
ceedings, and If the fine and costs are
not paid within twenty days he shall be
committed to the jail of Shawnee county
until they are paid