The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-04
TO BE FOUGHT OVER.
The New Text Book Law Goes
Through Regular Course.
The Customary Injunction Suit
Brought Against 1t.
Judge Hazsn VIII Hear the Case on
Saturday Beginning at 9. a N.

The validity Of the recently enacted
tex book law is TO be tested in the
Shawu== county district court At $50
yesterday evening Attorney Dave Null
va1e went before judge Hazen and Sc
cured an injunction restraining the
members of the text book commission
from perf.rIning any official acts in re-
IacIdu To The text book law. and fur
ther restraining State Auditor Norris
arI state Treasurer Heheb0wer from
issuing and paying warrants in com
pensat0n Tor their services as members
q the commission.
When Judge Hazen signed his name
L the restraining order he set the date
flr a hearing on the injunction for next
Saturday morning at 3 clock If the
hearing is not postponed il VIII proba-
bly, consume the entire time OF the dis
trict court Saturday.
The injunction suit is brought in the
name of A. 2. JermoTe. county attorney
Of Shawnee county, but OVermyer <
AUlvara Of this city. and Attorney FL
lis0u q ArchiS0n are the counsel in the
case
II was iustigated by W. l. Johnson,
q prominent book dealer in Atchison.
johnson nrSr consulted Ellison, and he.
in turn. brought the case to OVermyer
& Mulvane in this city
The eight members Of the state text
z 4
h UPPER, VI Hurd, ) 1 Hale. ; W
Black. :. ". Neese, \. Y. Jewett, Nor
man Mcdonald and D 0. McCrary.
are made defendants in the suit, as are
also state Auditor w H. Morris and
State Treasurer D. H. Hedeb0wer The
petition attacks the c0nStiIuriOnality of
the act and states thar if allowed 70
carry out their duties under the pro
vision the members of the commission
would be acting without authority and
in vi0latiO Of the law for the SIX fol-
lowing reasons
F1rst-Said act contains more than
one subject. and such subjects in ex-
cess Of one subject are not expressed in
the title. and Is. therefore. viola tive of
section IS and article , of the constitu-
rion of the state of Kansas and void
Sec0ud-Sald act seeks and purports
TO- vest in commission the general su-
parELsiCu of the educational interests Of
the state and is therefore vI0lative Of
section I. article g. of the constitution Of
the state of Kansas.
Third--Said acr purporrs to be a law
OF general nature. bug said ac- provides
uniform operation throughout the state
ana IS therefore violartve of section H.
kansas and void
Fou--1--Thar said acr seeks and DIR
which shan be longer than f6TIr -
and Is therefore vilLative Of sac-t6r >
aElls-e i Of The constitution Of the state
Fi1ra.-Becagse said act was never en-
acted as provided by the CONSTRUCTION and
is. therefore void
S.xrh.-That even if it assumed or hald
t14l SAID act Is valid said persons %
tanning md pretending TO be and con-
s-iIu-e said comm t=sI0n do NOT l--,----
constitute such commission fer bv me
terms of said act -he said commission
must consist OF eight persons anpoirted
~ lna governor with the consent OF the
S=Llale and the state superin rentT=rr %
Ruoiic ll5rrlcr ron as eE-OffIcf1 cha frr1s n
thereof But the said pretended commits
son Is constituted and made up Of six
q p
the consent of The senate ana iva of
Wnon were nominated TO the senate bv
tne governor but by the senate rejected
ana IoC confirmed. and whose sole rial1t
ana claim 81 right 10 act as members Of
SAID commission is founded upon the am
L1-1l -lll5-l- .1 gne governor subsequent to
such rejection by the senate
The Two members of the comm ssfor7
W1o were not confirmed BY the sa0.-a -
Norman McD0uald md D. o. lT9C7ra1-
4lcCrsy name vas presented to rhe sen