The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-09

and many other statutes, and certainly ap-
plies TO our laws meant to secure the lives of
miners from premature eX- losions and bad
ventilation.
As this law thus orerthrown is seriously I'M
portan5 to the miners of the state, and desir-
ing TO protect the interests of every class. the
executive retained Mr.. Helm. of Wichita, to
assist the county attorney, and paid for his
services f. ON the contingent fund. The case
has been appealed, and the Legislature should
make provisions for having the validity of the
law settled by the supreme court at public ex-
pense.
the penitentiary mine, and Claim that 1t helps
to reduce the wages of free labor; and also OF
the more serious competition of railroad
The executive bespeaks careful considera-
ton OF the EEePort, OF the lnins inspector, De-
he regarded voicing the opinions of the
miners as TO needed legislation
THE COAL STRIKE.
The act of the last legislature concerning
the screening of coal was not. by its terms, TO
take effect till September 1, 1898; but the gem
er1us operators could not endure the delay.
and decided to put it into operation at the
very beginning of summer. They rendered to
the miners months in advance, a new scale OF
wages to take away the benefits the new law
was designed to confer. In Short they en-
nuIiIfy law of the state. In dispositions now
on file in the United States circuit court at
Fort Scott, operators admitted, under OATH
that the deliberate object of the cOnspiraborS
in rendering tie new scale OF wages when they
did was to provoke the miners to strike Hav.
ing accomplished this purpose. the operators
of Cherokee aud Crawford counties proceeded
to erect private forts, garrisoned with con-
sclenceleSs mobS armed with Winchester
rifles. intended TO commit murder in resisting
mere trespasses upon lands; an offense Mhich,
under the statutes. constitutes granddaughter.
Men assembled for such an unlawful purpose
to the number OF three or more constitute al
unlawful assem- ly-a riotous body; and when
armed as those were, constitute dangerous
mob. and menace the peace OF the community.
As was to have been expected, these lawles5
desperadoes were not long in finding COW
eted occasion for using the weapons which
had been put into their hands. and an excls-
obtain accurate information as to the s1tua
tary aid to corp lrations engaged in an armed
revolt against the law of the state, and deter
mined also that the only forts on Kansas soil
should be those erected bv the cOnsti tuted au-
thorities OF the state or OF the general govern
ment- He also entertained the oplnlon that
systematic and premeditated murder was not
the proper method of testing either the valid.
Ity or the proprlety OF iegisatlyye act ano
time of peace in the proximity of commnnl-
ties of peaceful citizens should not be toler-
ated mode of settling controversies be-
tween workin glnen aud their employers
Entertaining these notions, the executive
readiness; the intention being, not to aid the
conspfring coal companies to crush their OPP
fiict. Had the national guard gone to the
scene all. the first order would have been TO
dismantle the private forts, and the next to
disarm or disperse every band OF armed men
in the locality, thus re -torlng matters 10 law
full condition. But, fortunately, military IN
tervent1on became unnecessary. DdFlnS ene
strike, the sheriff of Crawford county sWore
in deputies the men OrOuShb-tO nun Dy tn0
operators, and they were armed Win VIII
chesters not for public service but to simply
act as private guards for coal com panles Inc
law ma kes no provision for paying. depueles
otherwise than by specific fees, and It Is made
a ground of forfeiture Of his office for sheriff
law speciffcaily allows. OF course, what
sheriff d es by his deputy IS done by him; and
these deputies were undoubtedly paid lot
their unlawful work. 1t was alleged that
COWBOYS from the Indian territory were
sworn in as deputies, Surely, deputy sherin
should be a citizen of the county in which he
acts, some legislation to either prevent or o,
deputies is sorely needed.
BANKS AND BANKING.
The bank mmissiouer's recommendations
are OF such importance aud are so tnorougnty
discussed in his report that II would pc IN,
fair to attempt to treat them in the limited
space which could be devoted to them mere.
Doubtless there will be among the members OF
your committees on banks and banging those
thorou ghy conversant with the business OF
banking and such gentlemen Will not need u
be advised OF the practical i'm porEance Of the
commissioners recon me ndatlons.
FISH CULTURE.
As the population of the state increases,
food supplies will be more in demand the
propagation of fish provides a whole some and
cheap article of food. and 1t is extremely I'M
pc rtant that more attention should Pc given
this i'm portant Industry. You are referred 70
the report of the fish commissioner for yaIu,,
apnropria alton for the encouragement OF fish
culture would be good investment for the
state and cannot be too urgently recon-
mended.
COURT OF APPEALS.
There is demand for the reappointment OF
judicial districts and the creation OF court
OF appeals. In every proposal for making
court of appeals made public so far, there Is u
provision for making the finality OF the courts
decisions depend upon the amount o. money
involved or upon the disposition OF the court
to have its decision reviewed The present
executive himself endorsed TINS pan III MS
| former message; but further reflection has
convinced him it would be unjust and IL Is
certainly hoped That finality OF declslon 5H i
not be left at the option Of judicial favorItls1n
for particular lawyers or particular l1tigants
| or classes of litigants; nor depend upon the
The same tribunals and the same proceed
ure should be open to the poorest as to
| the richest citizen in the same class
| of cases. real estate case when IN
wolves the litigants ell, though of but 500
! in value should have the same chance OF es-
Gaping judicial error OF caprice, ana reachl--S
| tate of a great syndicate valued at millions
! Should court of appeals be created. It's Jurls-
| diction should be fual as TO cases OF the same
/ class. no matter how much Is involved nor
! how willing the judges may be to have 1t sent
higher. only in this way eau equal justice be
done to rich and poor.
PUBLIC BUILDINGS AND GROUNDS.
The secretary of state calls attention to the
urgent necessity for an early appropriation
for two new boilers for the west wing OF the
| state house and for repairs to the heating apa-
ratus The old boilers are burnt out. aud 50
| highly dangerous that the lives of members OF
| the house of representatives Will De In coo-
slant peril until new boilers shall have been
| put in and the necessary re pairs mad3
| The secretary OF state also recoInm mas IhAe
the stale shall own its own electric light plant
| for lighting the state house; recommends
| ton in which the executive heartily concur5
STATE PRINTING.
| The statute seems to require that majority
! OF all the me nbers of eacn house must concur
in the election of a state printer. The quss-
! ton is one of statutory and constitutional IN
| appreciation. and the question having been
| raised by discussions in the press, the incuIn-
bent of the Office declined TO incur the risks
| of a possible decision against his title, the
| business Interests involved being too
great to make it prudent to take any
| such risk He, therefore, rendered his
Resignation. which was accepted. As either
the Tesignation or the previous state OF tflIngs
| the present incumbent TO fill the vacancy, and
he qualified and is now acting under that ap-
pointment.
RAILROADS
The report of the board of railroad commits
L.. f,r 1sa1 l,sl moi al lncpiNpd-