The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1906-06-22
THE VETERANS Turned down
KANSAS sUFREsE COURT vIO-
LATED PREFERENCE Law.
Old Soldier Simpson, Highly Qualified,
Didn't Ges Votes OF judges,
But Young Graham Did.


Didn't Ges Votes OF judges,
But Young Graham Did
Thomas z Dewey, court reporter
for the Kansas supreme court, died
the other day, and LdeWellyn J.
Graham was elected BY the court TO
MI the vacancy Benjamin r Simp-
son Of Miami county, an old soldier,
was Graham's leading opponent for
the place but lost out. and now the
charge is made BY the G. A R that
the supreme court has ignored one Of
its decisions on the old soldier prefer
ence law Of 1901 Since Simpson seems
70 be the ablest man OF the two for the
place, the old soldiers are up in arms
at the rebuff that has been given them
Simpson was at one time a member OF
the supreme court commission, aD-
pointed to assist the regular court in
hearing the cases on the docket Not
Withstanding Simpsons qualifications
and the decisions Graham was named.
The court has failed" says P. II.
COney, commander OF the state de-
partment Of the G. A r., Ito comply
with the provisions Of the old soldier
law, and TO follow its decisions rem
dered in cases Of this character. I
intend 10 see that this affair is inves-
ugated- OF course, we cannot expect
the justices of the court TO try them
selves for violating a law which they
be constitutional, but We can file a
protest against the election and induce
the court to reconsider its action Ora
ham is a young man and Simpson is
an old soldier. Ihave always believed
that Simpson was one Of the best
qualified men in the state for any pO-
sitiOn and I think he was as we'll quail
flied for this place as any man who
could have been selected That he
was much better qualified than era
ham goes without saying intend
submitting the case to the members
Of the G. A r. in the state"
Law Was Twice Upheld.
The old soldier preference law has
been to the supreme court twice, and
in each case the court has decided for
the old solder and held that the law is
constitutional One case was that OF
Denver against Humphrey from GeaTy
county and the other was the case OF
Goodrich against the city Of Topeka
Chief Justice Johnson rendered both
decisions and there were no dissenting
opinions Four Of the justices, John
son, Greene, Burch and Mason, who
were then members Of the court, par
ticipated in the election yesterday In
one Of the decisions, the court quoted
the first section of the law, a part Of
which is as follows:
In grateful recognition of the
service, sacrifices and SuneringS Of
persons who served in the army and
the rebellion they shall be preferred
for appointment and employed to pO-
sitiOns in every public department and
upon all public wOrks-Of the state OF
Kansas . over other persons Of
equal qualifications, and the person
thus preferred shall not be disqualified
from holding any position in said serv-
ice on account Of his age or by rea-
son OF any physical disability"
Commenting on this section, the
court said:
Comment in Grand Army Circles.
eff we should lay aside the graft
tude. mentioned in the first part Of the
section in question, for those who sac
rificed and suffered in defense Of the
nation, there are reasonable grounds
and substantial considerations for
making a preference in favor OF the
veterans The love Of country that in
duced them to fight for its existence
and defend its institutions is some as
sUrance, at least, OF loyalty and fidelity
in the civil service In the nature OF
things, the discipline Of the army and
navy tended TO promote prOmptness,
respect for authority and obedience to
law. courage to meet difficulties and
overcome selfish and sinister influence,
steadiness Of purpose, perseverance
and devotion TO duty THESE cOnSld-
eratiOns may very well have appealed
to the discretion and Judgment OF the
legislature in determining who could
render the best service to the public
and we see no reason why they should
not be reasonable and sufficient In the
civil service laws Of the country con-
ceded to be beneficial and valid, a pre-
ference is given because OF the former
experience in the public service and
why should not the public service Of
those who imperiled their lives in defen-
Sc Of their country receive like recOgni-
ton and preference As counsel for
the plaintiff (ThOmaS DeYer. the old
4 &C. Il
ognitiOn OF the service, suherings and
sacrifices Of persons who have served
the state in war has always been rec
Ognized by all nations as exercise Of
the highest public policy, as the surest
guaranty Of the future safety and vel
fare Of the state"
The court held that for old soldiers
to obtain preference under the law, II
must be aScertained after an inveSu-
CATION that they possess equal quail
6catious for the position with other
available applicants 1t was held that
the courts cannot control the Judg-
ment Of officers with appOintive pow
er on the qualifications OF applicants,
and that the courts cannot go behind
the appointive power, IL il is believed
that the power was properly used
While the members OF the court are
keeping their secrets we'll. it is under
stood justice Johnston, who remem-
bered his decision, voted for S1mp-
son from the start, according to the
best information So did Justice
Graves Justices Porter, Green and
Smith voted for Simpson at different
times. but they neglected to vote to-
gether when their votes would have
elected the old soldier. Justices Mason
and Burch were for Graham from the
start. and after they had made rec
Ords'' in voting for the old soldier, the
other justices came to the support OF
Graham. The original Simpson votes
then made the election Of Graham
unanimous There is much comment