Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-05-04
IS IT CONSTITUTIONAL
SUIT BROUGHT TO TEST THE NEW
KANSAS TEXT BOOK LAW.
BOOKSELLER THE PLAINTIFF.
CLAIMS TO REPRESENT KANSAS RE-
TAIL BOOK DEALERS.
Suspected That the Book Trust Is
Backing the Suit, but Its Attor-
ney Denies It-Board Met
Yesterday to Let 4.
Contracts.

Topeka. Kas.. May S.-(SpecialD Suit was
commenced in the Shawnee county district
court to-day 10 test the constituiionality of
| the ncw text book law. 1t was an inJunc-
| tiCn suit and was prepared by Attorneys
Overmycr and Mulvane. Its title is The
State of Kansas, on relation Of a. z. Jet
| more. county attorney, against William
Stryker, a. II. Lupfer. W. J. Hurd, ID. o.
NcCray. s. ]. Hale. S. W. Black. 5. a.
| Neese. a. V. Jewett and Norman Mcdonald
| members of the Kansas text book commits
| sion, State Auditor Morris and State Treas
urer Hefilebower.
The two state officers last mentioned were
made defendants for the purpose of pre-
venting the payment of per diem and mile
age to the commissioners.
Judge Hazen granted temporary re-
straining order and set the case for hearing
next Saturday. Papers were served on the
defendants this morning.
The board opened its first session to-day,
and expectei to award the contract for
supplying books TO the pupils of the state
next Wednesday. The members will wait
until the injunction suit is tried. Their
hands are tied now.
The suit was started at the instance of
W. F. johnson. an Atchison bookseller
He claims TO represent the retail book
\ dealers OF Kansas. but rumor has il that
so. the trust is working n very smooth
| game. Its regular attorney does not ap-
pear in the case. Senator Hessin has al
| ways attended TO the trusts business in
Kansas He was in the city to-day. and
| said that the trust did not intend TO test
| the law The American Book Company. he
said, was satisfied that it was a good law.
| and would bring no proceedings whatever.
! A half hour later the petition for an in
| Junction was filed.
Unconstitutionality Alleged.
After setting forth the contents of the
| pretended text book law and telling of the
| beard threatening to act under it imme>
diately the petition alleges that all acts
| contemplated by the defendants are with
| out authority and in violation of law for
| the following reasons:
| "First-Said act contains subjects not ex-
| pressed in the title, which is unconstitu-
\ tional.
| "Second-Said act seeks to vest in a COM
mission the general supervision of the ed
| vocational interests of the state. and is
| therefore unconstitutional.
| ''Third-Said act purports to be law of
| a general nature. but provides, in its own
terms that it shall not have uniform oper-
alton throughout the state. and is, there
fore unconstitutional.
"Fourth-Said act seeks to create an Of
|
than foir years. and is. therefore uncon-
stitutionl.
"Fiftf-Said act was never enacted as
provide, by the constitution, and is. there
| fore. vod
"SixtffThat even IL 1t be assumed, or
held that said act is valid. said persons so
claiming and pretending to be and const-
tute sgd commission do not and cannot
constitts such commission, for. by the
1 -
must cnsist of eight persons appointed by
| the goernor, with the consent of the sem
| ate, an the state superintendent of pub
lie instruction, ex officio chairman there
of; bu the said pretended commission is
consulted and made up of six persons ap-
pointe by the governor, with the consent
of theenate. and two. one of whom was
nominted to the senate by the governor,
but b the senate rejected and not con-
ffrmed and whose sole right and claim of
right act as members of said commits
sion founded upon the appointment by
the gyernor subsequent to such rejection
| by thsenate-
ext Book Bonrd Surprised.
Thenembers of the text book board and
state officers were somewhat surprised
. | whenhey learned that suit had been COM
: | mend TO test the law. They did not eX-
) | pect iy proceedings of the kind. They say
he W WHICH m has been hsd or eood one i by
! | the ,urts Superintendent Stryker eX-
| presd great surprise, but said he was
, | glad lat the question had arisen early. If
: tho " was to be tested, he would prefer
Z it do before the board had done anything.
\ Senor Hessin said tonight that the
cour of Indiana had upheld that Law on
ever,point. and as the Kansas law was
simit he would not be surprised to see it
uphe.
@ thathere is nothing in any of the ques-
tionraised as to its constitutionality ex-
the ppointment of the. members of the
comssion, and they lay the blame of
K thisn the governor. They say that he
l. shoi have been here attending to busi-
Ie nesiurlng closing hours of the legislature
% instd of going on junketing trip to
y PoIArthur.
rs mion opened behind closed doors to-day.
IT Gornor Leedy this morning filled the
p vaocy on the board caused by the de-
= clirion of D. C; Tillotson by appointing
l. Moan Mcdonald. of Usage City The
E. ent day was taken up in the discussion
D anmtcrpretation Of the new law. Attor-
" netieneral Boyle was closeted with the
lie conission during the day.
y MIR. stryker's CarelessneSs.
n. Iwas discovered that the board could
noonsider any bids until next Wednes-
n. da on account OF the carelessness of
St Superintendent Stryker. The law
belblished in the official state paper four
cecutive weeks before any bids were
OIed. Ine notice WIS puDllSneu Twice in
Il tfSiail and Breeze. but when the Advo-
g; was chosen TO succeed the Mail as the
DIAL paper. Stryker failed to notify the
socate the first week to continue its
:, | pication. As result a week was skipped
~ a another start had to be made on the
w r weeks continuous publication. The
IL. | one will be Wednesday. so the board
X nrdless of the suit. which has still fur
ms r delayed matters, could have done
or hing until then.
Vi here is hitch over that provision OF
a law in reference TO the bond of sue
ill sful bidders. The law fixes the amount
k bond at $4,000. but the commission is
ny isidering the advisability of raising the
~ nd to S250.000 in case one company gets
he : contract to supply all the books The
.jn i iorney general was requested to get nm
T. Inc contracts for bond in this amount
,a Il he refused to do until he thorough
,,n | examines the law. He will render an
30 tnion this point tomorrow. The at
- tnpt of the commission to raise the bond
five times the amount provided for by
" is looked upon by the smaller book
In ncerns scheme to freeze them out
=, i'd there are mutterings low and deep
III lperintendent Stryker refuses TO give out
ees e list of bidders.
re- Has Superintendent Stryker right to
he ote in the meeting is a question that has
Dot ,iSen. Under the law, he is made eX