The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-15

The provisions of the constitution with regard
/ to the time when the legislature should convene.
1 or the section liking the time when the term of
/ state officers should begin, should be so amend
ed that the incoming state officers should al
| ways enter upon their regular terms before the
| legislature cOnvenes-
More rigid constitutional provisions should be
made limiting the power of the legislature in the
| matter OF political subdivisions. that coun-
ties. townships and school districts could not be
| organized ". thin Ger lain limits of territory or
| population, and also limiting the power of such
/ political subdivisions in the extent to which
| debts may be created, as vel as for the par
| pose for which the may be incurred,
| Greater restrictions should also be placed upon
| legislation appropriating public moneys or au-
| IhorIZ NJ the mourning o. puptlc debts and the
purposes for which money may be appropriated
| or debts incurred should be carefully defined
ana SHARPLY restricted. Inc governor should
/ have authority to velO any section or clause in
any appropriation bin that does not meet his
! The citing of convict labor to contractors
should be prohibited and such labor should be
employed only on behalf of the state, or where
it will least conflict with tzae interests of other
! labor in this state.
| The rigltof action to recover damages for in
/ juries resulting in death should be guaranteed
! to the people by constitutional proviS-
therefor should not be subjected to statutory
limitation. The power of the courts to set aside
excessive yerdlets is sufficient guarantee
There should be clear and well defined limi-
tations OF the power OF corporations, and the
! legislature should be reStr C ed in its modes Of
| authorizing the organization of corporations
! and reasonable tax should be imposed for
| every charter.
J The present conStitutiOnprovides that.'alI laws
| of general nature shall have a uniform opera
/ ton throughout the state and in all cases where
a general law can be made applicable no Spe-
clal law shall be enacted" The early decisions
of the supreme court. that the legislature is the
! proper judge of whether the general law should
| be made applicable decisions that have been
caly part of the constitution, by ng-c0ntinu-
ed uSage), practically renders this clause of lit
| tie force. There should be prohibition of spe-
cal legislation which should be universal ex-
cept IN cases OF the most urgent necessity
Trusts and combinations TO enhance prices,
should be prohibited in the constitution.
! There should be limit to the value of the
noHestedu exemption aloWed SO tnat proper
j Ties or great Value may not be held beyond The
reach of creditors. The present clause the
quarter sections were worth more than $1,000.
wnIle now many with Improvements are worth
each from $40 900 to $50. 900
The provisions with regard to the elective
franchise should be so changed that parties
guilty of betting on elections. or of giving OF re-
ceVing brides. or of promising receiving
promises Of emoluInents, should not be entitled
IovOte.
! he receiving of passes, franks OF special
privileges from railroad, sleeping car, telegraph.
or telephone companies, should be prohibited
to all public officers.
The constitution should absolutely prohibit
| the appointment OF any member of the iegisla-
ture. during his term. to any Office created by
the Legislature of which he was a member. and
no member OF the legislature should be eligible
to appointment by the governor to any Office
| during the term for which he was elected a
member of the legislature.
The constitution vests the full management
| and investment of the school funds with the
secretary of state, attorney general and superin-
/ tendent of public instruction. and provides that
any two OF them shall constitute quorum
! These officers are chosen without any reference
| to their special fitness as financiers. They are
/ Liable to be changed every two years. The care
of the school fund, now amounting to more than
| $4,000. 100, Involves great responsibilities. and
| ought not to be left to the absolute control of
| two or three inexperienced men. A change of
the constitution IN this respect is imperatively
! demanded.
Many other reasons in my Judgment urgent
and unansWerabie. might be presented in favor
| presume. would be the most serious
| objection urged against it: but l am
| SatISned lndt simple Cause uniting the power
| allow the incurrence of debt by municipalities.
and the further provision allowing the governor
TO veto any clause ~ an appropriation pm,
! would save The state more every five years than
the ent re cost of the convention. For these
reasons 1t seems TO me lHpracuble TO make any
violent or radical changes III our laws now, but
such amendments might be made As will correct
present inconsistencies or repeal unWlSe laws.
A new constitution when adopted will neceSSi-
tate revision of the laws to conform to the new
limitations
The Supreme Court.
Unless it is intended and desired to deny JUS
tce to large class of our citizens. it is imp era
| tive that immediate steps be taken to relieve
the supreme court OF some OF It's burdens. The
increase of business has been great that the
court is now hearing cases thai were filed four
years ago. ana az tne fale or progress lt has
made since the Comm sSion' expired. it Will
| be years before the flied today can be
heard Inc CONSTITUTION limits the supreme
court to three judges. there is no possible
way of getting immediate relief by increasing
| the number as only an amendment to the con
StlIutiOn would afford that relief. Partial relief
could doubtless be reached by allowing the
Judges to dispense with written opinions in al
! cases where. in their jungment the same queS-
tons had been decided IN previous opinions
OF where only questions of fact were
reached by limiting the cases that could be ap
| pealed to the SUI enc court to those inyoIying
constitutional issues. where the title of rea
estate n the question of franchise is raised, Oh
where The amount exceeds $500 1t is doubles,
is 81
years behind with its work induces the fling o.
| many appeals which would not otherwise be
taken. there would be less inducement fol
litIgantS in many Instances to take their case
to a higher cOurC if they knew a decision
Wou. d be reached in few weeks. Litigation
ought to be discouraged rather than encOurag
ed; and while it may be a heaven-born righG fol
peases. L could never see the justice of taxin:
a community severa. hundred dollars to defra!
the expenses of Il court in order that two stub
born men might have the ownership OF ten
dollar calf decided.
There IS now d general demand from the PEG
pie OF the state for an intermediate or appellate
court, inferior to the supreme court. Iher
seems no other feasible me .hod of relieving TIN
present congestion. which works d great nard
ship to many worthy iitgants. especially thoS
who have suits pending against corporations
or persons wealthy enough TO be able to tax
. appe lis for the sake OF delay IT, however.
court of this character is established, 1 wOul
: earnestly recommend that IL be a tempOrar
= one. 1t could be so arranged that it would lei
5 inmate i'll five or six years and any future eggs
lature could provide for its continuance if it wa
f | found necessary.
| judicial Districts.
! During the years when the population of Kan
I | sas was rapidly increasing. and new co mi
| were being organized at each session of the reg
/ islature. new judicial districts were created
7 many OF them anticipating future growth O
the western portion of the state that has no
= been realized. There has been in certa.n sec
/: | tionS of the state marked decrease in the pol
l ulatlon and as the titles to the lands have be
. | come settled, and the speculative fever of thOS
I times has subsidized. litigation has rapidly de
creased. The number of judicial dis lrictS is ia
{ III excess of the requirements of the people, Ell
failing a needless expense of from twenty five
forty thousand dollars per year. The contras
9 between che number of voters in some of theS
: districts illustrates forcibly the .essness
/ having many judges. The Eleventh judicia
district cast 1885 votes a. the late election
L The vote cast in the Sixteenth. 1Wenty-thirC
= IWenty-fourth, Twenty seventh. Thirty frs
: ThTty-second and Ihirty-tn I'd amounted on.
: to 1S.1O7. or only 500 more in the seven district
s combined than in the one. In oIher words. tn