The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-11
GARDENH|RE'S BILL
It's Best Feature Is That it
Brings Into Publicity
All officials Who Accept Time
Railroad Passes.
Thus Making Them Objects of
Public Censure.
IT is NOT RADICAL
And Is Thus Reasonably Sure
of Passage.
1t Does Not Interfere With
Right of Contract.
1T WILL ACCOMPLISH
1t Does Not Interfere With
Right of Contract.
1T WILL ACCOMPLISH
What an Iron Bound Anti
Pass Law
Would Fail to Do, Because 1t
Couldn't Be Enforced.

Representative S. N. Gardenhire talked
with a STATE JOURNAL reporter today
about his pass bill
He said: THE real object-of my bill is
to put on the statute books of our state
pass law, which can be enforced and
which will take the influence out of q
pass.
Under my bill every state officer, in
Guiding judges who have annual or time
passes, are required to register them with
the secretary of state. If the con-
stituents of these judges and officers
do not object l suppose they will
accept and use passes under the provis-
ions of the act, but public sentiment on
the subject of pass influence is such that
Judge Jones of our county would scarce
ly be willing to register the fact that he
holds a pass when Judge Smith in the
adjoining county does not
''Under my bill the people will take
care of the pass business. An officer
who holds pass could hardly expect to
be reelected on the anti pass campaign
his opponent would be sure to make
against him and the consequence would
be that he would run the risk of defeat
aud would not accept pass.
"Th6re are certain officers who are
! certainly entitled TO use passes. Take,
+ for instance, = sheriff or chief of police
who must always be ready to take a
train at d moments notice to go in pur-
suit of some criminal.
II question whether law which would
compel the railroads to furnish these or
other officers with free transportation
would be constitutional, but under my
bill they can register their passes and
their constituents will say it is all rig ht."
Mr.. Gardenhire said he found strong
| sentiment in favor of his bill, and he felt
! confident of its passage.
while there are many members in
| favor of stronger measures" he con-
| tinued, II am myself satisfied with con-
] servative action at present. bill COM
pelling the railroads to give all state
and county offices passes, thereby re-
moving all sense of obligation to the
road is advocated by some members and
will probably be introduced soon. [
shall oppose such a measure and insist
| upon my own bill
! 1.-The measure I introduced imposes no
restraint upon any railroad and deprives
no official of the privilege of using any
pass he may procure. 1t only imposes
upon him the obligation of sending it to
| the office of the secretary of state for
registration.
II question the right of the assemb bly,
to arbitratively forbid the giving of
passes to officers; it may violate the rule
of law touching the impairment of con-
tracts.
alt would be far better to have meas
ure of this kind upon the statute book
rather than one that could not be en-
forced. This bill provides simply that
if an officer is given a time or annual
pass the public shall know it.
"If railroads were owned exclusively
by the state there might be no doubt as
to legislative authority, radical or the re-
verse; but / observe that in New York
state. where a constitutional anti pass
measure is in existence. the courts are
deciding it into absolute inetficiency.
''On the 10th of this month Judge Par
ker decided that officers might use
passes when they travelled upon official
business, aud it is needless to say thai
they will travel in no other way"