The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-01-23

. Iand ofic has allowed the State
per cent. on the sale of such Ian
l only as are sold for cash, throus
y the various land offices, the pr
E ceeds of which go-ins0 the treasnl
,, OF the II. s. ] Insist that the =
n admits of an Interpretation vel
Y different from that placed npon
q by the land offace-that the ter
"public lands" rs used in the act
admission, includes all Indian lans
which have been, by the general go
ernment, sold and patented. II
e amount which would accrue to q
d State, If my view of the law shoul
q prevail, has not been asceFfainet
e because of the inability of the SCI
i rotary of the interior on account I
a an insufficient clerical force, to ful
! uish list of the Indian lands col
within the State. The sum wouI
however, be quite large.
: There are those who belieV
!, that the law, literally construed
: includes the lands within the limit
d of the State entered under mililar
land warrants. A movement Is
progress in several of the wester
States where similar PROVISION G
: law applies, having for its object
, recovery from the general govern
} ment, under this construction OF tn
} law, and they have provided for At
tcrneys to prosecute the claim i
the courts.
The sFnount involved in the de
! eision OF these questions will insur
: q vigorous resistance and stronI
opposition, and the collection of tn
! claim will be attended with Difficult
ty. To the end that the claim maJ
be properly presented and prosecu
ted and that Kansas may cooper
ate with her sister States, recon-
mend the passage of joint resolu
ton authorizing the employment o.
an attorney to prosecute such claim
The resolution should provide thai
the attorney employed by virtue
thereof should receive no compen.
salion for his services until the ffnal
determination of the matter in dis.
pute, and then only in cases of re.
covery by the State.
CONSTITUTIONAL CONVENTION.
In my message of last year the
attention of the legislature to q
number of defects in the fundamen-
tai law of the state, and the pass
age of an act submitting to the
people q proposition for q constitu-
tional convention was recommend
ed. That recommendation is now
repeated. The constitution lie, in
many particulars, inconsistent with
itself. Its defects are numerous
too numerous to justify a belief
that they can be cured by amend
ment, in the ordinary way.
MUNICIPAL BONDS.
A wise provision Of the consti-
tuition limits the public debt to q
mere nominal figure when compar-
ed with our resources, present and
prospective. The benefits which
have accrued from that provision
will be shared by those who are to
come after US. II has been a fire.
quent subject of complaint that with
resources comparatively undevelop-
ed, and in q period of infancy, we
have attempted too much that our
public institutions are too numerous
and costly and that by means of ex-
cessiye taxation we have anticipa-
ted the necessities of the future.
If such has been the tendency un-
der our present system, it may
readily be conjectured how greatly
that tendancy would have been ag-
gravated under a system which
permits an unlimated issue of pub
lie securities.
Unhappiiy the constitution has
imposed no such restraint upon the
various local organizations. Bonds
have been voted without stint for
public improvements of divers
character, bnt mainly to aid in the
construction of railways. In many
cases they have been issued un-
necessarily; III many the proceeds
haYe been misapplied, while all
have been subject to heavy dis
count in negotiation so that the
sum of their proceeds DEVOTED to
the works for which they were in
tended has fallen far short of the
total amount upon which the tax
pay rs are compelled to pay inter-
est, and also provide a sinking fund
for the ultimate redemption of the
principal. The extent 10 which
this system of voting bonds has
been carried may properly be char
acteriZed as reckless in the extreme.
Financial embarrassment and i'm
paired credit are the inevitable re-
suits. Nor do the evil consequences
stop here. The favorite argument
for voting bonds is that such q
policy will hasten settlement and
promote development; while the
other consideration, that high taxes
keep away the very class of people
l fhncA NTH 90 fol
is generally altogether lost sight of.
At the best, the system is one of
legalized confiscation, and the peo-
pie are to be congratulated that it
is fast falling into disrepute.
Connected with this general SUBJ
ject are four special considerations
to which your attention should be
directed:
FIrst-The courts have held that
bonds in the hands of innocent
holders are valid, no matter how
widely or fraudulently the stipu-
lated condition precedent to their
issue were departed from. The
people are, therefore, held both for
principal and interest, even though
by failure of the conditions, no war
rent remained for their issue aud
negotiation. Severe penalties
should be provided for the punish
ment OF local officers or other per.
sons entrusted with any duty con-
nected with the issue of bonds
who shall neglect such duty, OIL
who in any respect vary the con.
dition upon which such bonds
were voted.
Sec0nd-I earnestly recommend
such an amendment of the general
laws on the subject as will restrain
any county, township or city from
mourning a bonded Indebtedness
IN excess of five per cent. of its as
sessed valution.
| I'hird-The sinking fund which
has accumulated for the redemption
of bonds ahould be profitably en-
ployed. At present this fund re
mains in the various treasures
or 10 employed in private specula
ton; in either event it draws NJ
interest. The law should requir'
it to be invested in the bonds o
the various municipalities, pur
chased at the lowest market rate
preference being given to thos
F particular bonds for the redemp
ton OF which the fund is provided
. FOuTth-The state treasurer sug
, gests some difficulties in the wa,
+ of the execution of the law of 187s
/ which provides for the payment q
municipal bonds, and the interes
a thereon, through the state treasury
The law has not been generally oh
: served, the payment of interest, e1
cept in 8 comparatively few casei
having been paid by the count
: treasurers. Under the tax law
= comfy treasurers make their sem
1 annual settlements with state treas
r urer on the Goth of January an
: the first of July, wkiie the interei
il ON these bonds is generally mad