The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-22
A GOOD JUDGE


Without saying anything detrimental
to the candidates who are running
against hirs. the State Journal wishes to
express the opinion that Judge W. I.
Stuart, OF the Doniphan- Brown
Nemaha judicial district, is one Of the
best jurists now sitting on a kansas
bench. He does not allow prejudice or
technicaIities to defeat the ends of jus
~tice II he can help it. Law is law. and
It Is enforced In Judge 5tuart's court
If it IS possible to enforce it.
An example Of this was shown when
a Republic county man was arrested
for violating the prohibitory law at
Denton, Doniphan county The Repub-
lie county man had never been in Den
ton IN his nfe-1t is doubtful, IN fact,
II he had ever been IN Doniphan county
until he was arrested and taken there
on the joint charge. Think how long
a charge of that kind would last in
some Kansas courts-the defendant
charged with violating the law in a
town that he was never 1n-and the pro-
hfbitory law at thati
But this defendant was the ''Utopian
Protective association an alleged lodge
whose purpose was to get around the
prohibitory law. AS such he promised
protection to the bartender of the Den
ton joint and participated in its profits.
That. according to Judge Stuart's idea,
made the Republic county man part
ner in the joint and guilty of violating
the law, even if he did not personally
sell the liquor. Therefore, under Judge
Stuart's rulings, the jury convicted the
Republic county man, and the Judge
gave him pretty stiff sort Of jail
sentence in addition to a generous fine.
The supreme court said Judge Stuart's
ideas were correct and the defendant
had to serve his sentence, although he
fought 1t to the last.
Here is another instance Of the way
Judge Stuart enforces the law: Kansas
has a statute which says that the mayor
and other town officials must report the
facts to the county attorney whenever
they know OF the violation of the liquor
law in their respective towns. The law
was practically a dead letter and few
municipal officers knew of tbs existence.
So when joints were run openly in Hor-
ton, the mayor of that town neglected
to report the fact to the county attor-
ney of Brown county, who was up at
Hiawahta. But when a municipal war
broke out in Horton the mayor was ar
rested for not complying with this stat
ute, and although ministers and other
good people at Horton Joined in his de-
tense, under the rulings of Judge Stew
art he was found guilty and fined. This
vas a little hard on the mayor, but 1t
was law.
Another good point about Judge
Stuart is that he will not allow bull
doing lawyers to try to browbeat wit
nesses with useless questions. He in
sists on getting at the facts in the case
as directly as possible.
And yet w I. Stuart is one of the
few district judges who ever had to
face contest proceedings in the state
senate. The Populists attempted to
contest his first election before the
senate of 1899 on the ground Of cor
ruption. The contest was really di-
rected against Cyrus Leland, who was,
and has since been. Judge Stuart's
chief political hacker. The most Sc
rfous "act of corruption that was
proved against Stuart was that once
during his campaign he met a farmer
while driving along a country road
and he gave the farmer a cigar.
Incidentally it might be remarked
here that 1t was during that Stuart
Falcon contest that the State Journal
first became convinced that f'old Cyl
Leland might not be as black as he
had been painted. Although the con
test was conducted before a Populist
senate, the testimony showed that Mr..
Leland was not as bad as those who
were after" him through Stuart, and
the contest resulted in a complete
fzzie.
AS was stated in the outset. these
remarks are in no wise directed
against other jurists who aspire to sit
on the bench of the Twenty second
judicial district. They may be fully as
well qualified as Judge Stuart. The
latter was young man when he
assembled the bench. and he has now
served with honor to himself and his
Office for eight years. This merely
appears to be good time to point out
how he has made good" as a Judge,
and the State Journal takes occasion
to give him due credit