The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-11-27
Charge of ThOmpsOn's IneIigi-
biIity Falls to Ground.
Kansas Law Cannot Fix Quail
ficatiOn for U. 5. Office.
CONFLICTS WITH FEDERAL LAW
And Has Long Been Regarded
as a Dead Letter.
Many Cases in Peint-Attorney
General Jackson's Opinion.

The charge made by anonymous
parties and given publicity by news
papers that Judge Thompson, elected
United States senator at the last cleo
ton, is not eligible under the state con-
situation, has been made in the past
against other candidates for this office,
and came to nought. Thompson was
elected to the United States senate, and
the United States laws prescribe his
qualifications for the United States Of
flee. The state laws have no more to do
with this than they do for the quaIifica-
lions of the governor-generaI of
Canada.
The charge is that Thompson Is not
eligible because he made the campaign
while holding the Office of district Judge.
This clause of the state constitution has
long been recognized as a dead letter
because it conflicts with the United
States constitution. The latter docu-
ment does not place the holding of a
judgeship as a bar to election to the
senate
Laws similar T. the one under which
claims Of Fhompson's inelfgibflity are
being made, have often failed, not only
i'll Kansas, but in other states where,
the state legislature has attempted to
override federal law with special state
enactHents. At least four points in the
Kansas constitution, it is claimed, are
recognized by lawyers as invalid. Some
of these facts came to light in Febru-
airy, 1908, when Fred s. jackson, as at
torney general, wrote to Senator Fred
H. Quincy, advising him of some of the
defects in the Kansas constitution. The
Jackson letter is found in the attorney
generals sixteenth biennial report,
page 100.
One of the most evident invalid
points in the Kansas constitution is
the provision which limits the right
to vote to white persons. The word
white is null and void by virtue of the
fifteenth amendment to the United
States constitution.
Then, there is a provision which re
lates to the taxation of the assets of
banks It had to give way to the act
of congress which is a part of the SUI
preme law of the land.
There was a third provision. 1t
said that no banking law should be in
force in Kansas until it had been sub
mitted to the voters of the state. But
the lawyers only laughed when that
provision was written. They knew
that the provision would be whitfield
and refined ava by the construction
which meant banks s0fasiSsal Esq.,
The fourth provision of the Kan
saS constitution which is known to be
null and void is one that attempts to
didates for federal offices during the
term for which they were elected. Al
most so years ago-in 1863-this
question first arose in Kansas 1t was
when Chief Justice Ewing of the Kan
sas supreme court, accepted a position
in the service of the United States as
colonel of the 11th Kansas regiment
of volunteers and was mustered into
the service of the United States and
because he at that time became a re-
cruiting officer in the army of the
government. Since that time the law
has been repeatedly held null and
void in actual practice by Kansas
judges. And in such instances is
some very recent history.
Judge Peters was elected to con-
gress while serving as a district Judge.
The state constitution failed to stop
his taking the oath of office. Judge
Madison went to congress from the
Seventh district in spite of the provi-
sion. Only a few weeks ago Judge
Finley was a candidate for the late
Judge Madison's seat in Washington
and the constitutional provision would
have probably never been mentioned
had Finley defeated Nee1ey. Two
years ago Judge Rees went to con-
syress from the Fifth district. No
one mentioned the constitution. At
the very time Chester Z. Long was
elected to the United States senate,
Chief Justice Johnston was a candi-