The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-01-15
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The crime to which it relates Is still pun
1 ishable by death under the United States
statutes, and in some states. But our
| statute, as amended in 1887, ignores the
fact that there are lewd and abandoned
women under eighteen years of age, who,
having prostituted everything else, prosti.
/ tute the law for purpose of blackmaii; and
! instances of very great hardship have been
| the result
This should be remedied as it can be,
without in the least lowering the standard
of protection to those for whom such legis-
lation is intended The amendment sug-
| gested by the attorney general would cover
the case, by permitting in prosecution for
rape under this statute the character of
the woman to be shown in defense. Such
amendment is earnestly recommended
THE MISSOURI PACIFIC CASE
In October 1889, the Missouri Pacific
Railway company discontinued passenger
service on the Leroy and Caney Valley
Airline railroad, a branch line controlled
and operated by said Missouri Pacific Rall-
way company in Southern Kansas The
people all along the line OF the Cancy
| Valley road, who had aided hberalIy IN
its construction, very properly and Justly
complained, and the board of railroad
| commissioners after due notice and fulI
! hearing, ordered passenger service re-
/ stored, which the Missouri Paclhc com
pany declined to do Having been otnclal-
| ~ advised of such order and refusal, the
! opinion of the attorney general was taken
as to the proper remedy, and he was &C
1 cordingly directed TO begin proceedings In
mandamus in the supreme court to en-
I force obedience on the part or the Missouri
| Pacific Railway company to the order OF
the board of railroad commissioners.
Such action was promptly taken and the
case is now pending The question in
volved is of general interest, touching the
power of the commissioners and the en-
| forcement of its orders in such cases.
ELECTION LAWS.
1t is safe to say that in no state are cleo
tions more fairly and honestly 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.
to corrupt the ballot, is dangerous and
demoralizing in all its tendencies, and
should be prevented, if possible, including
other venal and improper methods en-
ployed to defeat the free and untram-
meled expression of the popular will. The
Australian ballot system is much favored
by public sentiment. We may not be
ready for it yet, but the careful protection
of the exercise of the elective franchise
the highest duty of the legislature, and
any practical measures looking to that
end will have my hearty concurrence.
The recommendation of the attorney
general on the subject of bribery is
eminently wise The law as it stands now
makes it an offense to offer or give bribe.
But the legislature in 1869 repealed the
provision of law making it an otfense for
public officers to take bribes. The law as
it was before such repeal should be re-
stored, and the reproach Of the law as 1t
now stands thereby removed.
INTEREST LAWS.
In longtime loans, for three or five
years. secured by mortgage on real estate,
it is the practice in some cases TO insert
provision that, upon failure to pay any
part of the interest as 1t natures, the
mortgage may declare the principal obl-
cation to be due at once, with interest at a
rate in excess of that originally stipulated,
relating back to the date OF the mortgage.
Where such default in payment of interest
occurs, after the debt has been running
and the party paying interest for several
years. as it often happens, by accident or
temporary misfortune, such forfeiture
works great hardship to the borrower, and
it is doubtful if in the end it benefits the
| lender 1t is harsh and unnecessarily OPP
pTessive, and ought TO be forbidden by
statute.
THE INSURANCE DEPARTMENT.
An examination of the reports of the
superintendent of insurance is necessary
to an intelligent appreciation of the i'm
portant labors of the department as well
as the legislation recommended. The
work of Kidding the state of fraudulent in
surance companies has been vigorously
prosecuted, and the superintendent eX-
presses the belief that there Is now no
! company in the state attempting to vlo-
| late the laws.
There are now one hundred and thirty
one insurance companies authorized TO do
! business in this state. OF these eleven are
/ Kansas mutual companies, ten mutual
! fire. and one mutual life The fire insur-
ance companies now doing business in the
state number eighty-nine: the life compa
nies twenty-eight, and the miscellaneous
companies accident, plate glass, steam
boiler, and surety, fourteen.
These companies paid to the insurance
department., in 1885, 81, AIS. n; in 1890. S44.
| 36663. They have paid to the state S432.
625 10 since the department. was establish
/ ed in 1871 Before that date the money
I was collected by the auditor of state
/ Nearly all this money goes to the school
! fund and to the general revenue fund. The
! insurance receipts are turned over to the
! state treasurer every month, as required
| by law.
! Insurance business statistics for 1890
/ have not yet been made to the department.
/ The fire insurance written in the state in
! 1889 was $l37. 728, $40; cost in premiums,
| 81, 9I3, ,296; losses paid, 81 0Sl ,695: average
/ rate of premiums, $1.3i-a marked de
/ cline.
| Life insurance written in the state in
/ 1889. $14 379 94S; losses paid, $3.50, 100; pre-
/ miums received, $685., ,S2S
| During the past year the supreme court
I settled the question that mutual fire In-
! surance companies in this state, having no
! guarantee fund, could not do business in
/ other states.
THE SUPREME COURT.
The supreme court, consisting Of three
/ Judges, as it was originally constituted
/ thirty years ago. is vainly trying TO do the
| business for aniillion and half OF people
! Though l9boring industriously and con
! tinuously. the task is simply impossible Of
performance. The business of the court IS
/ now about two years behindhand, with
| fifteen hundred cases on the docket undls-
posed Of From Jan. /. 1890, to Jan. !,
/ 1891. eight hundred and d.ninety-two new
( cases were fled while the court, with the
| aid Of the commissioners, Is dlsposing OF
| about six hundred cases annually.
An increase Of the supreme court bench
/ is still deemed the most satisfactory way
! of giving the much needed permanent re-
/ lief Notwithstanding the fact that prOpo-
| sitiou looking to that end was voted down
at the late election. In view Of this result,
| however. the action of the last Legislature
in continuing the supreme court commis-
sion was both timely and fortunate.
BREF COMBINE CONVENTION.
! Pursuant to a concurrent resolution Of
/ the last legislature offered by Senator
/ Gillet. proceeded by correspondence with
1 the governors Of the states most interested,
I to call a convention TO be held at the city
Of St Louis. to consider the practica-
bility of uniform legislation on the sub
/ jact Of the so-called beef and pork com
( biue. " and 10 discuss the then prevailing
2 depression in the cattle industry geneT-
ally Tue convention consisted Of delega-