The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-06
Regarding NOrtOn's Eligibility
for Third Term.
Attorney Generals Office Gives
Sheriff an Opinion.
SENATOR BREWSTER SAYS NO
County Republicans Discussing
Matter With Interest.
State Constitution FOrbids a
Third Term.

Shawnee county Republicans are
discussing with deep interest the pro-
position of whether Sheriff ]. d. Nor
ton is really entitled by law to a third
term as sheriff. The state constitu-
ton forbids county sheriff or treas
urer holding a third term. Norton
was appointed by the governor to fill
out the unexpired term of Sheriff
Wilkerson. He served more than a
year of this term and then was elect
ed to the office on q second term plat
form. He is now running for q third
term.
The question is. suppose Norton
should be nominated and elected.
could not his Democratic opponent 20
into court and enjofn him from taking
the office under the constitution In
this event the Republican party
would lose the office of sheriff after
having won it at the election.
Norton and his friends contend that
he is entitled to the third term under
the law.
Before he entered this campaign for
sheriff. Norton wrote the attorney
whether he could hold the office an
other term. Attorney General Daw-
son cannot give an official opinion to
county sheriffs. But Mr.. Hawkes., an
assistant IN the O1f1Ce, without looking
the matter up, wrote Norton a person.
al, not an official opinion that he
thought maybe he could hold the Of
flee, but that it was doubtful.
Later, Assistant Attorney General s.
M. Brewster, regarded as one of the
most conservative and able constitu-
tional lawyers in the state, looked
up the law and wrote Norton an opin-
ion declaring plainly that he did not
believe Norton could hold the office
a third f1ndor he 10
citing similar cases in which the Kan
Sas supreme court had construed the
law to mean mot more than two
terms" instead of four years Brew
ster said:
Under my view of the law 1 do not
believe you are eligible to reelection"
Brewster argued that had the con-
stitution meant that a sheriff could
hold office two full terms II would
have used the words full terms, and
not just two terms.
Attorney General Dawson himself,
while not giving an official opinion,
said today. 81 believe that Senator
Brewster's opinion on this Norton
case is correct"
The Brewster opinion is herewith
printed in full so that the Republicans
of Shawnee county may know all the
facts in the matter regarding the con-
test for one of the most important
county offices. The opinion follows:
Mr.. J. d. Norton,
Sheriff Shawnee County,
Topeka, Kan.
MY dear Sir:-After you were in to
see me 1 was called out of the city
for several days and on my return
found your letter
understand that the attorney gen.
erals office wrote you an opinion, not
an official one, but gave you the best
Judgment of the writer without inveS-
tigating the matter or looking it up,
the opinion stating that the question
.I-x-f.
ed upon by our supreme court, and
this, think. is correct. 1 think the
only way you can determine this mat
ter is to have it decided by the courts,
and of course this could only happen
by your making the race, being nom
mated and some defeated candidate
objecting to your name going on the
ballot.
In the case of Pruitt vs. Squires. 81
Kansas, S55, the supreme court of this
the constitution a term of office OF
the officers therein mentioned is not
limited to two years, but Is for two
years certain and for an indetermin-
ate and uncertain period thereafter,
designated by the phrase and until
their SUCCESSORS shall be qualified and
this is as true of second term as OF
a first"
election law, by its operation. post
poned the election of certain Gheriffg
from the fall of 1901 to the fall OF
1902, and that by such act no vacancy
was created in such office and that the
governor was not authorized by the
general provisions of the statute df-
recting him to fill the vacancy to ap-
point one to such Office during such
and that such sherihs
held over until their successors, chosen
in the usual manner. qualified.
This case, however, while II VIII
probably be cited to you, in my judg-
ment, is not in point. AS I understand
the facts in your case to be, the regu-
lar elected sheriff resigned and the
governor appointed you to fill out his
unexpired term, which you did, and
you were then elected and are holding
and want to know whether you can
legally hold the Office for still another
term. I, of course, don't know what
the court will hold, but it's my private
judgment that you are not eligible to
In the case of Davis VS..
that where Kiowa county was re-
created in February, 1886, and tenn
porarily organized in the March fol-
lowing, and where the first election in
the county was held May IL, 1886.
when all the county officers were
chosen, including Patton, who was
elected as county treasurer, and who
qualified and entered
upon the discharge of the duties of his
office, and who was reelected in No
vember, 1886, for the term ending
1888, and was In possession
Of the Office continuously from his
first election, that he was ineligible to
be chosen or to hold the Office for the
succeeding term, ending in October,
1890. In this case, the court, on page
483 of the opinion, quoting from Mr..
Justice Valentine, in the case of Hor-