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election, then?

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MR. WINTERS: No.

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THE CHAIRMAN: It could not be done.

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MR. MAr.TINEAU: The commission would not

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recommend someone else to run in an election, the

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commission would recommend someone who would be

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appointed by the governor to be judge, and then at the

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next general election would stand for the election to

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the six-year term. Is that not correct?

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MR. WINTERS: Yes.

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MR. GORY: Has there ever been any case that

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you know of where lawyers have been rejected by the

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voters?

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MR. WINTERS: There was one, the situation

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that really had a great deal to do with the adoption of

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the Missouri Plan was the well-known reign of Boss Tom

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Pendergast in Kansas City, who had very tight control

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over politics in that city, and to some extent through-

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out the state. And he had his men everywhere in office,

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including the judiciary. And one of his men came up

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for reelection in the first election r.fter the adoption