The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-09-04
Vital Mistake in Proposed Con-
stitutiOnal Amendment.
PROBATEJUDGES OUT.
May Get No Pay for the Next
Two Years.
Governor HOch Undecided as to
What Should Be Done.

of the legislature loomed up before
Governor Hoch today, and the COVER
nor confessed that he was somewhat
startled by the apparition.
If an extra session is called, 1t VIII
be for the purpose of making some
provision so that the probate Judges
Of the state can get some pay during
the next two years, in case of the
adoption, at the November election
of the constitutional amendment relat-
ing to the disqualification of Judges TO
hold certain offices. 1t has been DIS
covered that if this amendment is
adopted, the effect will in all prob
ability be to deprive the probate
Judges of any compensation. The
regular session of the legislature can
not remedy this because the probate
judges take Office the day before the
legislature meets, and any law passed
would not apply to the term of office
then going on.
Furthermore, the constitutional
amendment provides that no probate
Judge shall practice law during his
term. and this shuts off the possibility
of many judges holding the office two
years for nothing, with the under
standing that they will be reimbursed.
The discovery of the existence of this
state of affairs was made by Otis L.
Allen, of Shawnee county, candidate for
probate judge on the Democratic tick
ct.
When Mr.. Aliens opinion was report
ed to Governor Hoch, he said:
This is certainly serious matter,
II the conditions are as stated by Mr
Allen. OF course 1 shall want to refer
the matter to the attorney general and
get his opinion before giving any state
ment as to what 1 shall do. 1 certain
" don't want to be obliged to call a
special session, and Will not do so un-
less rs is absolutely necessary. There
Il r.VVN - 2 nj
It seems to me. If the probate judges
could manage to get along through
their first term, provision could De
made for paying them later on. 1t is
a new proposition. and has not been
brought to my notice before"
II would cost not less than $4,000 to
get the legislature together even for
a few days. The mileage which the
members would draw amounts to near
ly $4,000. Nor would it be any great
advantage to assemble the special ses-
sion a few days before the regular ses-
sion. for most of the members of the
present legislature are not candidates
for reelection.
Under such conditions, it may be
that Governor Hoch viii decide to call
the special session at once, and allow
1t to also pass a guaranty deposit law,
and take this issue out of the cam
paign. The Republican platform has
declared for such law now, and there
is not much doubt that it would pass.
1t would relieve the Republicans of
some apprehension in the campaign.
On the other hand, the cost of another
special session would be somewhat of d
load for the party to carry.
What MIR. Allen Says.
Mr.. Aliens statement concerning the
situation, as he sees it, is as follows
III the proposed judicial amend
ment to the constitution is passed at
the next election. probate judges will
receive practically no compensation
for their services for the two years
commencing on January II, 1909. The
proposed amendment provides that the
judges shall receive for their services
such compensation as may be provid-
ed by law, which shall not be increas-
ed during their respective terms of Of
flee. Such justices or judges shall re-
ceive no fees or perquisites,' etc. Pro-
bate judges now receive fees as COM
pensation. except a very small salary
for their services under the prohib-
itory liquor law which in many coun-
ties would not pay clerk hire If the
amendment is adopted it takes effect
before the legislature meets, and de-
prives the probate judges who take
their seats in January 1909 of receiv-
ing any fees which the probate judges
now receive. The next legislature
could provide no increase in salaries
or other compensation which would
affect the judges who take their seats
next January, because the amendment
provides that their compensation
could not be increased during their re-
spective terms of office and their
terms commence one day before the
legislature meets.
THE effect of the amendment there
fore is to deprive the incoming probate
judges of receiving either the fees now
provided or any salary which the leg
islature may fix. They will have to
serve the people free, which most of
them could probably not afford to DO
The amendment further provides that
they shall not practice law curing
their continuance in office.
1T maybe suggested that the present
incumbents hold over the two years.
but they too would have to serve for
nothing, because the amendment
would prevent them from receiving
fees as well as the new incumbents.
Il am in favor of fixing reasonable
salaries for all county officers. and of
abolishing the fee system. which in
some instances gives exorbitant COM
pensation to county officers The fact
ohat I am candidate does not change
NY view on the matter; but whether
this constitutional amendment should
be passed at the next election is
matter that should be seriously con-
sidered. 1t would be better to vote
down the amendment than to prac-
tically abolish probate courts for two
years.
Il see but one sure way to avoid the
trouble in case the amendment be
adopted, and that is for the governor
TO call a special session of the Iegis-
lature to convene a few days before
the regular session, so that a law fixing
salaries for probate judges could be
passed before their next terms COM
mence. The question for the voters to
decide is: Is it better to postpone the
adoption Of such an amendment for
two years or to have the special session
of the leRislatura2 This is a nnattar