The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-01-15

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cal monopoly of the whole coal suppl.
OF Kansas. The people of Kansas arr
subject TO no more grievous exactior
: than that levied upon them by thi
. means. The vastly increased cost of fue
Is not the only injury caused by thii
monopoly. While it exists, manufac
J turing, on anything approaching an ex-
tensIve scale, the growth and prosperity
OF the state, are by this means etfectually
checked. 1t seems useless to look to leg
islative action for relief. The power Of
the railroad corporations to prevent any
interference with them is notorious anC
. real If a constitutional convention
could devise means for securing free
competition among private parties II
supplying Kansas with coal, it would
render its whole service to a generation
Third-The tendency of modern con
situations to forbid special Legislation
might profitably be relaxed with respect
to municipal corporations.
Good government In cities would
unquestionably be promoted by
permitting to them, IN the
largest measure possible, the powers
of local government. The government OF
large cities, SO as to secure good order,
economy and public benefits is admitted
to be one of the most serious problems
of American civilization. In attempt
ing to solve the problem, we must lay
d wn as a fundamental principle the
axiom which underlieS all our institu-
tons, namely, the best government that
can be secured is the government OF the
people themselves. Cities are more dis
tinct as communities, both from each
other and from rural districts, than the
| various states are from each other. In
| framing laws relating to cities, the first
and most prominent fact 10 be consid-
cred, is their points of difference, and
their separate needs and conditions. 1t
would be vastly easier to frame laws APP
! plicable to all the states of the Union,
than to adapt general rules of legisla-
| lation to half-a-dozen of its largest cities.
The failure to appreciate this fact has
been the cause of some of the most
! serious evils of municipal government
| We must adopt theory therefore, to start
with, that if cities can not be trusted to
govern themselves in all matters per-
tanning to purely local affairs, municipal
government must be doomed to per-
petual failure. Under the present con-
stitution of Kansas, no account is
taken of the various circumstances and
different requirements of the cities. They
are all subjected to general cast-iron
rules, which fail to provide a salts
factory government for any particular
city in the state. They are placed upon
level with private corporations or indi-
yidual citizens. without regard to the
fact that they are as essentially and
radically different from them as the state
itself is. Each city should be permitted
its own charter. with such special pro-
visions as may be appropriate to its con-
dition, or as its citizens may desire. In
many of the most progressive states,
notably the state of New York, each city
has a charter of his own, and can pro-
cure, in the way of charter amendments,
such special legislation as it desires. In
Missouri, every city of over 100, 600
people may adopt a charter by popular
vote Under the constitution of Kansas
the cities o. the state are i'll supplied
with desirable legislation. The diverse
interests of the various cities demand
such different laws, that it is next TO i'm
possible to meet by general legislation
the demands of any.
Fourth-The judicial system of Kan
sas needs revision. Delays and incOn-
veniences in the administration of justice
grow more serious year by year. The
supreme court is in arrears about
two years and a half, and with
many of the district courts a year
or two behind with their business, the final
disposition of just claims may be delayed
almost indefinitely by the skill of coun-
sci. The aim should be to make judicial
remedies as prompt as the nature of
judicial proceedings will admit. The
method of creating a commission to aid
the court has oeen far from satisfactory,
both in this state and in other states
where it has been tried. Such a tribunal
lacks the weight and dignity which be-
long to a regularly constituted court. 1t
is also attended with friction and waste
of labor Several methods of providing
for hearing appeals might be suggest
ed. One method is by an increase in the |
number of judges in the present court. |
So far as the writing of opinions is con- !
cerned. larger number of Judges would /
perform proportionately greater |
amount of work. AT present compare /
lively small proportion of the ceases taken |
to the supreme court are presented with /
oral arguments The time taken up in /
in many of the older states. So long as /
the present practice continues, the end /
desired could be fully accomplished by /
a sufficient number of |
Judges. The only other plan which
has been found feasible for relieving the
supreme court. is the creation of inter
mediate appellate courts. This could
probably be done, however, under the
present constitution.
Under the present constitution, under
the common acceptation OF the clause
relating TO district courts, district
court cannot have more than one judge,
and where the demand of a county can
not be met by a singh judge, the district
court must be supplemented by other
specially created courts. Provision
should be made for the election of two
or more judges of the district court,
where it may be necessary.
Pro TEN judges should be dispensed
with. They derogate from the dignity
If the courts and cannot command for
themselves OF their judicial acts the con-
sideration due to regularly organized
courts. District Judges should have the
light to sit in courts other than their
,wn when requested to do so on special
occasions.
The term of office of judges should
llso be extended. A sense of response
1ility TO the people may be in some de-
;ree desirable. A judge should, on the
,ther hand, have sufficient independence
If popular favor to sustain him IN
discharge Of the duties Of
rs Office. A term Of only four years
n length must keep him so constantly
n the presence of new election as 10
impair his independence and
4 Judge must necessarily, IN
he proper discharge OF his duties, run