The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1878-11-02
LOCAL LEGISLATION.

About two hundred special, local, and
private bills, are introduced vt each ses-
sion Of the legislature This class Of
legislation has grown to such magni.
tude - to preclude needed general leg
islation, and caus the judicial depa :.
ment to be embarrassed aud retarded by
the great number Of litigants seeking re-
dress of wrongs inflicted.
Rights and privileges Of municipal
and private corporations and those Of
individuals which are considered almost
inalienable, only remain intact for the
reason that one member does not elect to
exercise the power he possesses by viz
tue of the unwritten Law governing Leg
isls tive action. There exists tacit I'm.
derstanding that the members Of the
General Assembly are not answerable-
for the result of the passage of local or
private bills, but that they are to be
passed asan act of courtesy to the mem
Der introducing, and that the response
bility abides solely with him. This leg.
islative amenity assisted by the quasi
contract or conviction that the favor
will be reciprocated gives local bills pre-
cedeDce of those general in their charac-
ter, and usually insures their passage
without that scrutiny or deliberatiOn
which the rights of the people demand.
It is true, the constitution appears Ito
the average citizen )to provide that Gin
all cases where . general law can be
made applicable, no special law shall be
enacted" But under the rulings of the
Supreme Court, the section "leaves .
discretion to the legislature recognizing
the necessity of some special legislation
and seeks to limit and not prohibit it.
The legislature must determine whether
their purpose can or cannot be accom-
plished by q general law" To aid in
checking the food of dangerous legisla.
lation rushing through the crevasse
opened by the above decision, I present
the following fol the consideration of the
next legislature:
SEC. l. Notice of any bill to be pre-
sented to tho legislature affecting the
rights of individuals or private corpora
tions may be given by serving such indi-
viduals or corporations with true copy
of the bill. at least ten days before pre-
sentation for legislation, or by publish
ing such copy two weeks successfully in
some newspaper published in the county
or counties where such individuals reside,
or where such corporations are estab-
lished, the last publication to be at least
ten days before the presentation of said
bill.
SEC. 2. Notice may be given of any
bill affecting the rights or interest Of
county, city or township by serving with
a true copy ofsuch bill, the chief officer
and clerk Ofsuch county, city or town
ship, at least ten days before the meet
ing of the legislature to which said bill
is to be presented.
SEC. 3. Proof of publication or SER
vice provided for in preceding sections
may be made by he affidavit of the print
er or publisher Of the newspaper in which
such publication is made. or by the aft
davit of the person making such service.
Sec T. All bills described in proceed
ing sections presented to the legislature
without the proof of service or pub!ica-
ton, as provided in section three at.
tached thereto, shall be rejected.
Respectfully,
S. H STEVENS.