SELFISH INTENTIONS - K-REx - Kansas State University

the district courts were held. The legislature was also given the power to create more district
courts as the population or geographic area grew. The constitution left the specifics of
jurisdiction up to the legislature except it allocated to district courts the power to grant divorces
and hear appeals from probate and justice of the peace courts. 72
When the district court system was implemented, there were five districts and five
judges. However, the number of districts and justices steadily increased. Fenton elaborates,
“The practice of more judges than districts, which first appears in 1911, occurred when the 1909
Legislature passed a law stipulating that judicial districts comprising single counties of over
100,000 inhabitants were to have at least two divisions of the district court.” 73 Later laws
authorized divisions in districts with more than one county and populations of less than 100,000.
Until about 1900 the legislature would redefine district boundaries and add new judicial districts
according to the increases in population in the western half of the state. During the decade of
1880-1890, the number of districts doubled from 17 in 1881 to 35 in 1889. According to Fenton,
“Since 1895 the changes in judicial districts have been intended to reduce the work load in single
districts by detaching one or more counties and creating new districts.” 74 The district court
system allowed citizens to bring suit in a timely manner in a court that was relatively close to
their residence. Virtually by definition, such courts were more accessible to women.
The district courts were given jurisdiction over divorce by the state legislature. The
legislature also outlined the legal grounds for granting a divorce. Kansas established the first
divorce law statutes by drafting the territorial statutes in 1855. Through these territorial statutes,
the people of Kansas created the framework for the state government that followed in 1861.
72 Ibid., 19.
73 Ibid., 21.
74 Ibid., 22.
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