Thomas County cat. [volume] (Colby, Kan.) 1885-1891, 1891-01-08

existence at the date OF the enactment, has
been practically regarded as q general re
: Iumuing aGt, applicable TO every KIND o.
| municipal Indebtedness regardless OF WheI
| 1t was created.
The result is that in many instances II has
been employed wrongfulIy to foist and faster
| oD!ISat.ons upon the people without theii
4 voice or sanction. Under Its loose provl
SONS warrants or orders OF the various
municipalities have been in some cases
issued Tor iiiegitlInote uses, for the very
| purpose OF being refunded and thus put
beyond the power to be successfully chal-
lenSed or contested
| The law should be revised and amended
az once. Safeguards should be thrown
| around the refIuding Of Indebtedness SO Is
10 en- on the possibility OF SUCH frauds and
| aouS"s AID in ii! eases the Endorsement Of
! the : cope sAuClG be required. Attention
to this subject IS urge atty invited.
sugar bond FTauds.-Ihe legislature OF
utactGte OF sugar from sorghum
| passed an act authorizing town
SHIPS, and cities Of the second and third
class, to vol" bonds and subscribe fo- stock
| in aid OF sugar factories. The constitution
ality OF the act was very questionable, but
not more 50 than the scheme that was
promptly SEQ on foot to procure large issues
of bonds from numerous townships IN the
| southwestern part OF the state as bonus
| 10 a corporation organized for the purpose.
which was in return To set up mills IN theSi
various townships for the manufacture OF
sugar by Il new process. After a number OF
townships had voted the bonds parties who
were In good faith interested in the enter
| prise, becoming usD.cious both OF the So
called new process and OF the designs or
| the corporation, promptly Withdrew, and
warned the people against further IMPOSE
| ton. The mills were not built, though the
corporation got some OF the bonds. steps
were then taken to recover these, and to
prevent the delivery OF others yet in escrow
In which the local authorities were aided
by the attorney general, and in most cases
! success resulted.
In the present state OF the sugar industry
4 t,l ,t-l
which, So far. has resulted IN little less
than annoying and expensive litigation to
the people IL was designed to benent, as
| fully detailed in the report OF the attorney
| general. BY its prompt appeal you would,
In my opinion, be doing the state some
| service.
Discharge OF Jail Prisoners-By chapter
| l99, Laws of lss9. the legislature undertook
to amend the law empowering county com.
| nissioners to discharge prisoners from jail
! held for non payment OF fine and costs as
sesSed against them so as to divest the COM
missionerS OF such authority as to parties
| thus confined and held for the violation of
| the prohibdury laws OF tie state.
such act, however, IS lame. reciting, as &c
does chapter in the laws of ISL, relating
| to public park. as the one to be amended,
| the design being, of course to amend q
wholly different chapter. There is there
| fore, grave doubt as TO whether anything
was amended by the enactment OF 1859,
| ed, taking the evident intent for the law.
Whatever remains OF the prohibited trafflc
| has drifteG largely into the hands of impe-
| cunious and irresponsible men. When such
| parties are convicted, they lie in Jail until
| that portion of the sentence has expired,
anu frequently months in excess, being alb
| solutely unable 10 pay the fines imposed.
| There Is no way OF ridGinS the Jails or this
| class OF inmates, except through an appeal
| to the governor for Communication of the fine.
| The result has been, therefore, to flood this
! Office with applications for such relief, COM
ing from the various counties throughout
| the state, Endorsed frequently by county
officers and leading citizens, and reinforced
| by plteJus appeals n behalf OF innocent and
deS dilute wives and children.
Most Of the applications are denied; some
are granted, where careful inquiry into
the facts seem to justify. With the exercise
| OF the utmost caution IN dispcsing OF these
cases, some misrepresentation respecting
| the matter has resulted on the part OF GER
tain good people who have failed TO appre-
! ciate the result of the change in the>law
herein reCitea.
The enactment of two years ago ought to
| be re-eEac,eG TO cure ii of the defects
pointed out, or the authority to discharge
| such prisoners should be reinVeSted III the
| county commissioners under such restric-
! tons as are suggested Ey the attorney gen.
eTdl III his report.
CORPORATIONS The secretary OF state in
his very valuable report. calls attention to
the urgent need OF amending the laW rela-
tive 10 The creation and regulation of cor
poratious. As 1t now stands. corporations
may he formed Tor any purpose, legitimate
or otherwise, with no discretion lodged
anywhere 10 determine ana exclude on the
ground OF character. The creation of cor
purationS for purposes IN violation OF pub
lie polio; ought to be guarded against In
Kansas II costs only the mere nominal fee
charged for Ming the charter to create a
corporation comforting important powers
and valuable franchises. For this privl-
lese many states require all corporations
organized Tor profit In the prosecution OF
business enterprises, before chartered, to
pay bonus or fee to the state, based upon
tie capital stock. Pennsylvania, as shown
! NY Arr - har lori
sum OF sl6i, sol 80 last year from this source.
such a law In this state would Yield some
revenue, cut of many OF the abuses COM
plalned of, and exclude parties who take
advantage OF our present law to incorpo-
rate here without expense to do business in
other states.
economical and satisfactory method In the
enrolment Of the laws together with some
wise and timely suggestions in regard to
the preservation OF certain public records
the cost OF state printing, danger to public
property from unsafe boilers, and other
matters requiring legislative considera-
ton.
Election Laws.-It is safe to say that in
10 state are elections more fairly and hon
eStly conducted than IN Kansas. Yet in the
more populous cities, where the floating
and Indifferent voters are numerous evil
practices are growing up which ought to be
suppressed. The use OF money, directly or
indirectly. ta corrupt the ballot, is danger
Gus and demOralizing IN all its tendencies
ana should be prevented, IT possible in
Guiding other veual and improper methods
employed to defeat the free and untram-
meled expression OF the popular VIII. The
Australian ballot system is much favored
by public sentiment. We NAV not be ready
Tor Il Yet, but the careful protection of the
exercise OF the elective franchises is the
highest duty OF the legislature and any
practical measures looking to that end will
! have my hearty concurrence.
Gambling laws.-Ihere IS need for more
rigid laws against gambling in this state
by imposing severer penalties. Some Of
lenses of this character, which are sirnnIv
misdemeanorS in Kansas, are declared to
be felOnieS in other states, and punishable
accordingly. Gambling and every manner
or swindling device Should be severely CeaIt
with.
Bribery.-The recommendation of the
attorney general on this subject Is
eminent!y wise. The law as II stands now
makes 1t an offense to offer or give
bride. But the legislature in 1863 re.
pealed the provision OF law making It an
, oEense for public officers to take bribes
The law as Ii was before such repeal should
be restored, and the reproach Of the law as
II now stands thereby removed
Interest L2wS.-in long time loans for
three or five years. secured by NOR; "a re ON
real estate, 1t is the practice in some cases
to insert provision that, upon failure to
pay any part OF the interest as it m lures
the mortgage may declare the principal
obligation TO be due at once with interest
at rate In excess OF that originally stipu-
lated, relating back to the date OF the
mortgage. Where such default IN payment
or interest occurs, after the debt has been
running and the party paying interest Tor
several years, as 1t often happens, by &C