The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-01-29
piled.

GUTHRIE, o. T., Jan. 28--ISpecial.l j
The roll call this morning showed ten
members present. The president called
Mr.. Pulliam to the chair. Prayer and the
the reading of the journal followed.
4 message from the secretary announced
that he had transmitted a waste basket
for the use of Mr.. Wrightsman. That
gentleman returned his thanks for the
secretary's promptness in furnishing the
basket after a delay of only two weeks.
Mir. Pitman moved that the considera-
ton OF council bill No As be postponed
till next Tuesday. This bill relates to the
Kingfsher water works bonds.
By common consent bills 81 and 26 (set
for third reading) were allowed to go over
for time, refining their place on the
calendar.
Mr.. Wrightsman introduced council
bill No. 81, an act legalizing the recording
Of deeds and other papers relating to real
estate. Referred to committee on county
affairs.
Mr.. Clevinger (by leave) introduced con-
current resolution No. 4. The resolution
asks congress to complete a. soon as poSSi-
BILE the legislation already begun relating
to the reserving of certain lands about to be
opened to settlement in Oklahoma, to wit:
Section 13 in each township for the use OF
the university of Norman, the Normal
school and the Agricultural college; also
section 10 in each township for the benefit
of the penal, reformatory and benevolent
institutions of the territory.
Mr. Clev!nger moved the adoption OF the
resolution without reference to any COM
mittee. Carried.
Mr.. Rose, from the committee appointed
to look after committee rooms and locks
and keys for the desks, reported that
rooms had been engaged. The secretary
informed the committee that locks and
KEYS had been ordered and will be here
early next week.
Mr. Pringey thought that rooms for use
on notice only had been provided
The report was accepted.
The sergeant-at-arms stated that he had
the keys to and exclusive possession of
four rooms on the same floor the council
chamber occupied. He was instructed to
furnish the rooms with everything neces-
sary for the use and comfort of the various
committees
Council bill No 25 was read a second time
by title This is an act to regGltae salaries
of territorial officers.
4 message from the governor was re-
ceived The message vetoes house bill No.
%, which provides for an increase OF the
the number of officers of both houses, and
in full is as follows:
"To the President and Members of the Legislative
Council;
"GENTLEMEN-Having had council bill
No. % under consideration, l am con-
strained to say that while | sm satisfied
that Won need much OF the help provided
for, it might be objected that the bill de-
parts in some of its provisions from the
path of economy and opens the gate that
leads to the field of eXtravagance. The
controlling question, however, Is one of
power This legislative assembly, as well
as the executive and other territorial Off
GERS, were brought into existence by con-
gress 1t is the creator and we the
creatures IL has clothed us with certain
powers, but withheld from Us certain
others. The powers which we may right
fully exercise are found in the constitu-
ton and laws OF the United States,
including the act organizing this territory.
''lt viii hardly be Contended that the
members of the Legislative assembly, being
COMPOSED of thirteen counCilmen anu
tweuty-siX represeu tatlVes, by act OF con-
gress, would have authority 10 increase its
council to fifteen or twenty members, or
its house to thirty or forty, or any other
number greater than thirteen and twenty
six. and provide for the pay Of She extra
members out of the territorial treasury;
or that il would have the power TO enact "A
law by which it could Increase its pay. per
diem or leugthen the term of It's session
greater than that fixed By congress, and
authorize payment out Of the territorial
treasury.
IF 1t is powerless to increase the num-
Der or pay of its own members, or lengthen
the term of its session, how can we argue
that IL can create new minor officers, or
attaches and pay them out of the territori-
Il In Of tha.a viz
herewith hand you copy of the opinion
Of the attorney general
1T IS the sworn duty of the executive to
see that the laws are faithfully executed
For the reasons stated, duty requires me
to withhold my assent to the passage Of
this bill. II IS therefore returned without
my signature, and | venture to suggest,
that any law tending TO increase the cIeri-
cal or other force not authorized by some
act of congress, should provide that it take
effect after its ratification by congress.
Respectfully submitted.
- j. SEAY. Governor"
Mr. Fegan moved to refer the message to
the Judiciary committee, with Instructions
to report At o'clock on Monday.
Mr. Carswcu moved to amend by refer
ring To The supreme court for an opinion
rs tc the validity of the law.
Mr. Frgan thought the supreme court
would decline 10 give an OpIuIOu unless the
question: were aToGght before IL IN due
process Of Al ac-Uzl case.
Mr.. Mccartney thought the court was
no part of the legislature, anI would there
fore decline 10 give an opinion as to cur
rent proposed legislation.
Sir Carsweil adhered TO his opinion
that i { the motion prevailed the supreme
court would advise in the matter
On suggestion, the amendment was
Withdrawn
The motion was then put and carried
and the message was referred to the Judi
cary committee with the instructions
mentioned.
The council then wenc into committee Of
the whole Tor the consideration OF house
hill No - Mr.. pitman n the chair. The
bill provides that the payment ot taxes for
tie present year shall be-ome dellugu-U.
on the FIRST Monday To Aprl. Of his rear
aul on the first Monday II February Tor
each succeeding year.
Mr. Ross moved that A COMMITTEES Of
three be appointed to draft substitute
fQr the bill now under consideration. WITH
instructions 10 report within half al hour.
Carried.
Ales>rs. Ross. Fegau and Pringey were
appointed.
Ihe committee reported a substitute and
the report was adopted The substitute
provides that 40 penalty shall attach 10
unpaid IEa delIug Jeut taxes ~ last yesr
until tie lr-t 4ay % i p-Il mex.
On motion Of Mr.. Ross tl~ committee Of
the wba.e thsn rose aud reported, recon-
meEdius that C9GuClI bal No. IS sBeiu : Iue
substitute Tor house oil NJ. - do pass
MT. Fe-an moved taat, II view OF al