The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-09-30

statutes for the organization of new
counties.
Gas a basis of this I shall require.
| first, an enumeration of the inhabitants
that shall be on investigation found
correct and showing the number that
| iustifies the organization of the county.
Second, that this request for the APP
pointment of officers shall be joined in
| by the different factions of local in
terest of your county from the local
representative of each of said locations
or organizations.
! This called out of letter from W. K.
| Kirkpatrick in which he said: 81 stated
| to our citizens your views as to our
organization. Mr.. Riley Blake states
just the contrary. Will you put your
statement in writing"
To this I made answer, on April II,
in words following:
Il have to say that no change has
taken place in my views of the condi-
ton OF Harper county or the course that
should be pursued in perfecting its or
ganization, from that expressed to you
in our last meeting, nor have l commit
ted to writing or uttered by word, any
different views, SO far as l know to any
one. For your information, l hand you
copy of the letter given to Mr.. Taylor
Blake, which explains itself. Perhaps 1t
might be well for me to add to what has
been already said. the essence Of the
decision Of the supreme court touching
this question in the case of the state
against board OF county commissioners
in 18th Kansas, page 426: THAT, when
county has a defective organization,
the records Of its organization appear to
be regular and valid upon their face,
and the governor has recognized and
proclaimed the organization to De valid.
legislative recognition of the validity
of such county organization will make
the same valid although the original Or
panization may have been defective and
fraudulent
''This county having received such
legislative recognition, under the act
permitting it to issue bonds, it would
seem to be conclusive, under this de-
cision, that it becomes an organized
county.
Over against this we have in the case
of the state VS.. Ford county, 18th Kan.
All the following:
"sWhen a county organization of
new county has been attained through
falsehood and fraud by presenting to the
governor false and fraudulent memoir
ial and false and fraudulent census re-
turns the supreme court may In an
action in the nature Of quo warranto
against the persons assuming to act as
officers of such organization. inquire into
said falsehood and fraud and declare the
organization illegal and void
Under the last decision is an open
way to set aside the organization of the
county in question, if it shall be deemed
best on the part of the citizens to do so,
in the matter suggested to you in person
and committed to writing in the letter to
Mr.. Blake, Of winch you now have
copy. It's organization can be resuscl-
taIed by executive appointments to ill
all proper offices of the county. and
then by quo warranto they can be made
to show by what authority they act as
such, which will bring up the question
of the validity of the organization and
in nv Judgment set it aside, or If con-
firned it viii place the county upon
legal basis that will remove all vexatious
questions in relation thereto"
These letters to the representatives OF
the contending county seat interests are
in rigid accord with each other. They
not only forbid the suspicion OF double
dealing, but form the basis of the COM
bined action of these cOntending factions
in the appointment of officers to fill
vacancies IN the existing defective
organization, with the agreement and
full understanding that the county
should no. be allowed to rest on this
resuscitation, and thereby validity by its
own acts the debt which had been by
perjury and fraud put upon its territory,
but that quo warranto proceedings should
at once be instituted to test and, if posi-
Die. DESTROY the fraudulent organization
and thereby cancel the county debt.
Ny recommendations were acted upon
in what believed to be good faith. n
petition came to me. without objection
or protest, as from all interests, asking
the appointment of complete body of
county officers as named in the petition;
which petition was responded to as fol-
lows:
DEAR SIR
A petition having been presented to me
asking the appointment OF county officers
at Harper county, accompanied by a1flda-
Wits showing a large and rapidly lnCreas-
ing population in said county. | have
caused the following named persons TO be
commissioned rs county officers. to-wit:
For sheriff. Edwin Mckennary; probate
Judge. r. w. Dawson; county commits
sioners, I. Ii. Stevens, j. b. Glenn. (. b.
Singer. Corner. John Cliff; county sur
veyor, B. f. Lee.
The other officers prayed for are not
appointed by the governor.
The county commissioners are author
lied in case of vacancy to appoint treas
urer, register of deeds and county clerk.
Aud the judge OF the district court is
authorized to appoint the clerk OF the
district court and county attorney, as you
viii see by reference to chapter % OF the
general statutes of Kansas.
These appointments are made on the
assumption that the county has an organ
izaton. and that the appOiutees named
are 10 ill vacancies. The validity of such
organization and of the title OF those APP
pointed Will of course be tested by pro-
ceedings in quo warranto. or otherwise, at
an early day. As to the appointment OF
the justice of the peace asked for, article
:, subdivision . OF said chapter seems to
contemplate that the county commission
ers shall organize the township and pro-
vide for the first election of the justice.
AS the governor can appoint only TO Nil a
vacancy-aud this is not a vacancy as con-
templated by iaw-(Sec. Kan. 1922, see
no provision of statute authorizing an APP
pointment of justice OF the peace, as pray
Ell for In the petition.
/ forward these commissions TO you, not
knowing the postotfice address of the sew
eral parties commissioned, that the same
may be delivered 10 the parties named
therein. Hoping that the question of the
validity Of said county organization ana
the title of such officers may be promptly
adjudicated, and that nothing may occur
to hinder the future growth and develop
uent Of said county. remain,
Very respectfully.
B. GRAY. Private Secretary.