The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-28
City Attorney Throws Water on
Mayor HOld-Over Talk.
Says Legislature Has Right TO
Abolish City Offices.
GREEN DOESN'T CARE.
Mayor Has Been Making Cam
paign just the Same.
Death Knel of Political Sensa
tiOn Is Sounded.

The sensation in city political circles
concerning the opinion of number OF
attorneys that Mayor Green would not
have to make the race for mayor under
the commission form because OF the
fact that the legislature had no right to
take him out of an unexpired office has
had a setback. City Attorney Ralston
gave out an opinion today that will end
the argument.
Mr.. Ralston says that the legislature
has right to change the term Of any
office created by them and in the COM
mission form the legislature has de-
creed that the mayor and council shall
have their terms cut in two-thus the
terms shall be cut in two regardless OF
all other misleading opinions.
with the exception of the terms
fixed by the constitution, the legis-
lature has a right to change the term
and abolish all offices in the city gov
ernment,'' said Mr.. -Ralston this after
noon 1.-The city government was
created by the legislature and if they
so desire they may abolish the whole
government from the lowest office 20
the highest"
This announcement will throw cold
water on the fever rumors that have
been going over the city to the effect
that Mayor Green would not have 10
run for office, that the office was given
him by the will of the people and It
should not be included in the commits
sion division and that it was only the
council that could be exterminated by
the will of the law.
The arguments first set forth a few
days ago through the opinions of a
- 80 in oft 5fa or
that in making the commission laws
the legislature required that the mayor
and commissioners should be elected as
an outgrowth of the old system of
a mayor and city council.
The legislature then proceeded TO
abolish the offices which were to be
filled by the mayor and commissioners
meaning the mayor and council. In
presenting their arguments the local
attorneys that the council could be
was removed but in the case of the
mayor it was not legal to throw him
out of office and then use the same
office over again for probably another
man when the people had elected the
present mayor for two years.
At the time this article came out
Mayor Green refused to give out an in
terview on the matter. He stated that
he knew nothing of the law in regard
to this move and that his petitions
be recalled. But the city politicians
both for and against the present adj
ministration took the alleged flaw in
the law and made it a campaign bone.
In giving his opinion against the idea
today, City Attorney Ralston has taken
the bone away from the politicians and
thrown it in the new city garbage plant,
so to speak. He has left the two parties
without a battlefield
Mayor Green said this afternoon that
he had not placed any confidence in the
matter. at would not be consistent for
me to drop my campaign at this time
and declare that 1 was the only man
for the place and the people had bet
ter take me or let the law do it. A
few years ago when the commission
law first came as a suggestion to thu,
citizens of this city I worked for it and
from it's first thought through the leg
islature and up to the present time
have worked for it's adoption. 1t is
foolish to think that 1 would try and
take the office through a legal point.
If 1 am defeated for mayor will stay
defeated and will not fall back on any
technicalities. If 1 win I will win
through the votes of the people,"
This is the first time that Mayor VIII
liam Green has really stated personally
and the interview may be taken as an
official announcement of his candidacy.
Now Mayor Green and w. H. Kemper
and ]. w. F. Hughes are all in the field
for the position of mayor.