The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-10-18

Topeka, Kan, Oct. 17.-By a decision
| rendered by the supreme court yester-
day afternoon the county clerks of this
state will be compelled to extend upon
the tax rolls of the various counties
the necessary levy to raise the amount
Of the current university fund appro-
priated to each county by the state
board of equalization.
With but few exceptions the county
clerks have already done this work, but
some of them refused 10 do so ard as a
test case Attorney General Dawes es-
tablished mandamus proceedings in the
supreme court against J. K. Bailey,
county clerk of Franklin county, to com
pei him to make the necessary extern
sions and to enter the university tax
upon the roll of Franklin county.
An alternative writ was issued by the
supreme court and the defense moved
to quash the writ, alleging that the leg
islature had failed to make the levy
and that there was no authority for the
collection Of this tax.
The supreme court overru1ed the mo-
ton to quash and awarded a peremp-
tory writ commanding the county clerk
to enter the tax. The written opinion
of the court will be handed down later.
The judgment is entered now because
Of the urgent necessity that the county
clerks know at once their official duty
in the matter.
The opinion rendered by Attorney Gen
eral Dawes some months ago with ref
erence to this matter is sustained by the
decision Of the supreme court.
Mustn't MAKE PERIODS.
The peculiar provisions OF statute
L.. = Il ~
Judge HaZen into a mistake recently,
which, however, he willing rectiied as
soon as he discovered his error.
A young man named Irwin was tried
in the district court about a week ago
and convicted. AS he was only 16 years
old, Judge HaZen sentenced him to the
state reformatory for period of eigh-
teen months. He has since learned that
there is provision in the law regulat-
ing the reformatory which requires that
no term be stated in sentencing anyone
to this institution. The Teformatory
was established for the confinement Of
persons too old for the reform school,
but either too young to be fairly eligible
to the penitentiary or else convicted for
the first time and therefore capable Of
reform.
The arrangement is that a prisoner
can not be held for a longer time than
that provided as the penalty for the
crime proven against him, but may be
released at an early period if the mana
gers deem it advisable. After he SEN
fenced Irwin, Judge Hazen examined
the law and seeing his mistake, changed
the sentence to comply with the statute
POPULATION OF KANSAS.
The Kansas board of agriculture has
completed the talbulation of the inhabi-
tantS as returned by the assessors for
1895. Compared with the enumeration
Of one year ago forty counties show an
increase of from IL to Ala, aggrega t
ing 30,246; and Sixty-one counties a de-
crease of 2 to 2,9SS, aggrega ting SO, 009
The net decrease is shown to have been
but 1866. After deducting all losses
from all causes during that period the
ret increase in population since the
state census Of 1890 is found to be g.
49,
The counties showing an increase of
over 1000 in population during the last
year are: Cherokee, Ala: Doniphan
2,55S; Labette, 1867; Leavenworth. l.
4O3; Linn, 1888; Usage. 1,030; Salina. l.
331; Shawnee, 1858; Washington, 1194; ;
The counties showing decreases over
1000 are: Cheyenne, 1,315; Cowley. 1S30;
Harper. PA: Mcpherson, ,042; Norton.
1.040; Phillips, 1855; Sherman, 1892;
Summer, 2.9SS.
The present population of Kansas ac-
cording to this census is 1884 66s. Sedg-
wick has an increase in populat ton over
last year of Go.