Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-08-28
THE Law DEFECTIVE.
Strange Blunder of Law Passed at the
Last Session.

KANSAS CITY, Kan, August 27.-At the
meeting OF the board of commissioners of
Wyandotte county yesterday, the board
ordered the sheriff to reiase all prisoners
confined in the county Jail for non-pay-
ment Of fines and costs, after having
served their jail sentence, Deputy Sheriff
Worthington. the officer notified, immedi-
aDely proceeded to the Jail and released the
following prisoners all of whom were held
for costs in liquor cases: II. w.
Efing, Pat Kegan, William Kicks,
James Cromley, William McGrand,
Tobias Hogan. Charles HuTd, Jack
Fortune, John Murphy, Joseph Osier, Joe
Getty. James Burns, John Cheapwood, II.
Sweigant Frank S. Collins.
Shortly after the persons were granted
their liberty County Attorney Fife was
appraised Of the fact and Immediately noti-
fled the sheriff that the action Of the board
was Illegal and to rearrest the men at
once. Sheriff Bowling and MS deputies
at once started on the hunt, and last even
Ing Osier, Efiing, Keegan, Hogan. Fortune
End Collins were once more behind the
bars.
The release was made under law that
was passed March >. 1871, giving the board
of county commissioners the power to re-
lease any prisoners confined in the county
Jail, With costs and fine TO pay, at the eX-
piration of their Jail sentence, on salts
factorily showing that they were unable
TO pay such costs and fines.
This would al appear satisfactorily,
but during the last session Of the Kansas
legislature a bill was passed to
amend the law which had been
in existence for several years, and would
have been ali right but for defect and
flaw which has singularly and strangely
found itself mixed ia with the new bill.
1t is numbered chapter l99 laws OF 1889,
and the first section provides That section
], of chapter 147, laws of 1871, be amended
as follows: The board Of commissioners
of any county shall have the power TO re-
lease any prisoners confined in the county
Jail, who shall have served out the jail
sentence and are yet unable TO pay
the costs and fines assessed against
them. Provided, that a petition recon-
mending the same signed by 100 bona fide
residents and the judge or justice OF the
peace sentencing the same, be presented to
the board. "
Section is as follows: "Section /, chap
ter III. laws of 1871, and all other acts in
conflict herewith are hereby repeated"
Right here is the great defect. The enact
ing clause, which provides for the manner
in which the law shall be changed,
refers TO section l, chapter IA,
which is an act III Teia-
tion to the changing Of public
park, called South park, in Auburn, Shaw
nee county, to school land and providing
for the transfer Of such This virtually
aBnuls the entire new law, and is such
serious defect that only another act Of the
legislature can render it constitutional.
County Attorney Fife did not hesitate
to declare the law unconstitutional
ard said he would order the
release Of the resrrestcd prs-
oners in the morning. He said he was
glad the commissioners had acted as they
had, and thus by trivial movement Of ron
tine work disclosed great and glazing
error in the law and some very careless
legislator, who had framed the law evil
IDENTIFY for the purpose Of holding the drug
store saloonists in jai! in the western
counties until their property was
all turned over TO the court Tor costs and
fines. He said he considered the new bill
IL bad one in its requirements, as it does
not apply TO whlsky cases alone but TO all
cases. A tramp, sentenced TO one day in
jail and to pay the costs OF his trial, could
never in the world obtain the necessary 100
signatures, and would have TO lie IN Jail
until Providence released him.