The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-19
BREACH IN LAW.
New Feature Discovered in Rul.
ings OF Commission Plan.
Attorneys Say Mayor Green VIII
Not Have to Run.
DON'T NEED CAMPAIGN
1t Is Said That He Can Be
Mayor Anyway.
Legislature Can't Discharge
Man Elected by People,,
DON'T NEED CAMPAIGN

Is there clause IN the new commits
sion plan law that will be held strong
enough to remove Mayor Green from
office in case he is not formally elected
this spring?
VIII It be possible for the law to re-
move Mayor Green from Office in case
he does not care to make a campaign
but wiz depend upon the logic Of his
last election?
In other words is it necessary for
Mayor Green to make any efforts to
run for mayor this spring when, &C
cording to q number Of the big attor-
neys IN the city, there has been no law
passed that will 1egislate him from the
Office he now holds as mayor Of To
peka?
This new sensation IS a mighty ques-
ton among the city politicians at this
time It IS the big source Of discus
sion today and from the opinions OF
number Of attorneys It is impossible to
take Mayor Green from Office unless
the office itself be abolished or unless
charges OF NEUTRALITY-SUSPICIOUS. can be
made and sustained against him. 1t is
held that the legislature had no right
to relieve the mayor from his position
unless the office itself was abolished
In the case OF the discharge Of the
city council, the law says that the city
council shall be done away with It
also says that the mayor shall be re-
Heved but in the same breath It says
that the mayor shall be elected by the
people
Creates a Stir.
City politics is in a stir today since
this report A number Of attorneys
have failed. as yet. to find an answer
for this argument and from the pres
ent outlook, It may be possible that the
coming campaign will be useless as far
as the office for mayor is concerned
The law says that a man shall not
be removed from Office In case he IS
elected by the people, unless the office
is abolished by the legislature or unless
there are legal charges preferred
against the officer that would demand
his release by the people
It is commended that a man IS elected
to the Office Of mayor by the people Of
the city as a whole. Then, It IS claimed.
the legislature has no right whatever to
come out and create q law dischargfng
a man in direct violation to the will of
the people. It is claimed that the
council was abolished and is thus un-
der the new law. But the office OF
mayor was not abolished and since the
term OF William Green does not run
will be impossible to demand that he
make a new race for the office
According to the commission Ia We
when the commission goes into effect
between city elections, the mayor ana
council shall be discharged and the
her city officials shall remain in Of
fee The other city officials who were
elected by the people and who were ap-
pointed by the present mayor will have
another year to serve and the commits
sion law does not affect them in any
way This Is because the commission
law did not abolish their offices The
attorneys. now. claim that the Office Of
mayor was not legally abolished and
there IS no reason TO think that VIII
liam Green should make another race
to get the office that he now has and
can keep
In the other cities in the state where
the commission was adopted the people
have elected when the full term Of all
the officials was out This does away
with the between year trouble Topeka
has created an election right in the
middle of the term and it is contended
that only the city council will lose their
positions.
Mayor Green would have nothing 10
say about It this morning. He said
that he did not understand the law in
that matter and had taken no thought
on the matter one way or other. The
petitions Of the mayor are being cir
cuIated all over the city and his sup
porters are working as hard as ever.