Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1908-03-05

! lions Of It's own members" Thai
proposition Is elementary. iunda
mental and constitutional, and It wal
wholly unnecessary fora Topeka law
yer TO- '.deIve down into old decisions
a hundred years old" in order to sus'
tain a proposition which nobody dis
putes.
But the "official opinion" wholly
ignores the real question in issue.
Has the state OF Kansas the right to
enact laws for the protection and pres
ervation Of the honor, the dignity and
the purity Of its judiciary Have the
people Of this state the right to say to
one Of its citizens that when he ac-
cepts the honorable position Of dis
trict Judge, that he shall not be pei
mitted during the term for which he
was elected, to get down into the
mire Of ward politics and use his Off
cial influence for the purpose of boost
ing himself into political office that
perchance pays better than a judge
ship
That the state has such power is
held by the supreme court, and by
the courts Of all the states, and by
the authorities cited by the assistant
in the attorney generals office. Then
II the state has such power to enact
such law, 1t certainly has the right
to see that such law is enforced. And
when district Judge has taken an
oath to support such a provision in
the constitution and laws Of his state
he is guilty Of a crime il he violates
that law, and it is no lessa legal and
moral crime against the laws of Kan
sas, because forsooth, congress might
take no note Of the fact that the appli-
cant for seat in that body had vio-
lated the laws Of his state in order to
get credentials of admission to that
body.
1t is true that IL the voters OF this
district should see proper to elect and
send to Washington a man whom
Judge Rees has sent to Lansing, con-
gress would have the power to admit
him to seat in that body. The ad-
vocates Of Rees' right to run loses
sight of the fact that the violation of
the constitution Of the state Of Kansas
is a crime whether congress would
take note of it or not. They lose sight
Of the fact that district judge is
guilty Of perjury when he violates the
oath he has taken to support the con-
stitution and laws of his state, just
the same whether congress would adj
init him to a seat or not.
Judge Rees is in no position to COM
plain that he is deprived Of right to
run for offic. He knew the law when
he accepted the office. The Office was
not forced upon him, He voluntarily
took the office. He voluntarily placed
himself in a position that he could not
fill any other office during the term
for which he was elected. He is de-
prived Of nothing that he did not vol
UNFAIRLY relinquish, and he ought not
now to be permitted to plead the baby |
act and say that he took the oath OF
office with the mental reservation that
he would violate it, should occasion
and his financial interests require.
No court in christendOm ever has or
ever will hold that man may relin-
quish his privilege Of running for an
other office during his term as judge. |
1t lily becomes an attorney general
Of the state to hand down an "oficial"
opinion especially when the same is
wholly gratuitous and without the au-
thority Of law, advising any citizen to
violate his oath Of Office and the con-
stitution Of the state. Attorney gem
erals are presumed to be elected to
see that the constitution and laws are
obeyed, and not to counsel, aid and
abet in their violation.
Fifth District Politics.