The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-01-15

1 OF Cur courts, namely, the 0tHcClIy d
distinguishing between mGnslaughter 10
the fourth degree. under section 20. and
excusable homicide under the second
clause of section 10. It is also SUBMIT
ed that this lsstmensIoned clause goel
too far in entirely exemptIng from pun
Ishment one who takes the life Of anoth
er under circumstances highly blAm'
able.
DEFECT IN Laws.
Many defects il our laws have arisen
| from haste and want Of care on the part
of the legislature. Acts have frequently
been passed purpOrti0g to amend Ger,
tain sections OF the general statutes Of
1868, for example, which he'd been
amended and repealed years before
Sometimes the acts intended to be re-
pealed are otherwise Improperly cited,
| as in chapter 81 Of the session laws OF
1883. relating to cities of the third class.
And notwithstanding the strict require
ment OF the constitution. the titles Of
some acts are so indefinite that no per
son but their author can tell the subject
of the legislation by reading them. Such
errors and defects are often very mis-
chievous in their consequences. and 1t Is
to be hoped that no mistake Of this
character will mar the session lava of
1885.
DECEENIAL GENIUS.
By the terms of the constitution. the
third decenniai enumeration of the IN
habItants of the state must be taken I'M
der chapter 20 of the session laws OF
1865, which act was Afterwards re-pub-
lIshed Is chapter II of the general
statutes of 1858. But it WA repealed
by chapter 81 of the session laws Of 1875.
IAN act supplemental to chapter 1877 OF
III Il 1c al tn kno
collection of staiistics," etc. The CEN
sus of 1875 was taken under the last two
named acts. Section of the supple
mental act of 1876 was amended by
chapter 1872 of the session laws of 1877,
and this Is the only change made alnce
the census of 1875 was taken. Chapter
100 of The session laws of 1888, however,
provides for the biennial enrolment Of
the soldiers of the late war, their widows
and orphans. / venture the suggestion
that these several acts, commencing with
that of 1873, areinadequate IL their pro-
visions for a regular decennial census,
which ought to follow a. near Is may
be the forms used in the Federal census
so that comparison may be made with it,
thus giving US the benefit of complete
census every five years. Your attention
is respectfully invited to this subject,
and to the necessity of an appropriation
for the expenses of such q census Is, in
your wisdom you shall make provision
for
LEGISLATIVE APPORTIoNMENT.
Section 9, article 10. of the ccDstItu-
ton requires reapportionment OF the
state in 1886, based on the census of the
proceeding year. But under the amend
ments to our organic law providing for
bienRisl session of the legislature, no
regular session OF the legislature will be
held in 1886, and this requirement ofthe
constitution can be complied with only
through the agency of q special session.
This is one of the anomalies of our Or
ganic law growing out of its frequent
amendment, and lie difficulty of adjust
ing these amendments to all sections of
an originally consistent instrument. You
may, perhaps, be able 10 devise some
measure by means OF which the necessi Y
for an extra session in 1886 may he
avoided.
ENROLMENT OF SOLDIERS
The legislature Of 1888 provided for q
biennial enrolment of the soldiers of the
late war, their widows and orphans,
now residents of the state. This enroll
ment was hastily, and, in some counties,
very imperfectly made. by the township
assessors, and the lists returned by them
were consolidated by the county clerks,
and forwarded 70 the adjutsnt general.
Nothing, l believe, has since been done
with them.
The purpose of this enrolment was to
secure a complete record by states, re9i-
ments and companies, of the poetoffice
address of all Union soldiers, of the late
war residing In Kansas, to the end that
they, and the surviving soldiers in other
states, might, on application to the adju-
tant general, ascertain the address of
comrades who could furnish evidence
necessary to establish pension and other
claims growing out OF service in the
Union army. Several hundred Thousand
pension claims are now held in the pen
sion Office at Washington, awaiting
proofs that might be furnished if the APP
plicsnts could learn the postOffice ad-
dress of surviving comrades. Every
regiment of the Union army, and prob
ably every company, is represented IN
the population of Kansas, and if the
work begun in 1885 was perfected, the
Just claims of thousands of our eWn CIT
liens, as well as those of thousands OF
faithful soldiers scattered all over the
country, might be established. / sin
cerely trust you will adopt measures for
perfectine the enrolment made IN 1888,
and for systematically recording the
names thus ascertained, so that the ad-
jutant general can furnish TO any spplI
cant tue pOstoffice address of any soldier
o. the Union residing Ia Kansas.
OUR EASTERN BOUNDARY LINE.
Our eastern border is defined II the
organic act, the act of admission, and In
ur state constitution, as the western
boundary of the state of Missouri. The
location of that line from the mouth of
the Kansas river to the north line of the
state, is net definitely understoOd by our
people nor by the inhabitants of Mis-
souri, By the treaties between the
United States and the Sacs and Foxes,
the act of congress of June 7kh, 1886,
and the executive proclamation of March
18th, 1887, 1t appears that the "Piatte
Purchase" extended only to the Missouri
river, and embraced only the territory
lying between that river and the oTIgi-
inal western boundary of the state of
Missouri. Under the generally accepted
rules OF construction, our eastern line
therefore extends to the left. or eastern
bank of the Missouri river, and at low
water that stream lies wholly within
this state. On account of the rightt1l
taxation of the several great bridges
which span the river, the Jurisdiction OF
the courts, the service of civil and crim-
inal process, on the river and on the
bridges spanning it, the sovereignty
over islands, and for other reasons that
will suggest themselves, it is important
that this line be definitely settled and
! generally understood, at as early q day
as practicable. recommend the refer
ence of the question TO the attorney gen.
erSi for the suggestion of such action q
! shall be thought proper.
THE AMENDMENT OF 1880
At the general election Of 1880 tue peo
! pie OF the state, acting IN their sovereign
| capacity, adopted an amendment TO the
consultation prohibiting the manufac
tlre and sale of intoxicating liquors
except for medical, mechanical anC
scientific purposes. The Legislature o.
1881 enacted law to enforce this con
stituIional provision.
! It Is the duty Of the executive TO carr
out the will of the people expressed IL
the laws given him by the representa-
tives of the people. Upon you, gentle
men of the Legislature, devOlVes the dut.
of making the desire Of the people efec
| tive. Keeping in mind the pro
vision OF the constitution, it Is il
your power, it is your right
to amend the present Law, or Il
repeal il and make another. No statut
ever framed was perfect. Law is sub
l6ct OF Constant FeYI6lOn- II bae pfceen
law does not accomplish the results de
sired ami expected, you are acquaintet
with the reasons, and il is your duty q
80 amend 1t a. 70 make it what the pee
pie by their votes have said they wish
70 be. The questions involved are no
partisan questions. and should not b.
treated as such. The Law enacted 4
give vitality 70 the prohibition amend
ment should be like those for the en-
forcement Of any other provisions OF oul
constitution, as brief, simple and diEec
as possible. AS rule laws are effective
Just IN proportion as they are simpi
and direct. With the experience Of tn
past 70 guide You. you should b able q
frame an act that Will avoid the fault
and supply the Deficiencies Of the exist
ing stat1te
i would suggest that those provision
of the present lew relating TO physician
and druggists do not seem 20 be in hsT
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