Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1899-01-28
THAT EXTRA SESSION.

Regardless of party affiliations, con-
sentative men are agreed that the
calling of the recent extraordinary
session of the legislature was, to say
the least, an unnecessary expense to
the state. They are also almost equal
ly unanimous in the opinion that it
was Illegally called and that, in con-
sequence, there are grave doubts re-
garding the constitutionality of the
laws passed by it. Some of the reasons
given in support Of their conclusions
are as follows:
The constitution authorizes the
governor to call for an extra session
on extraordinary" occasion which, in,
practice, has been held to mean some
pestilence or impending public dan
ger which might be averted or abated
by the enactment of new laws and re-
quiring immediate action by the leg
islature. The governor, in his call,
does not refer to any ''extraordinary"
or urgent necessity making an extra
session advisable or desirable but
does say that he had received ''assur-
ances" that railroad legislation might
be passed. 1t is we'll known that
these assurances were sought, asked
for, and it was not the first time he
had applied to the members land poll
ticians of his parity apparently seek
ing for an extenuatIon of or an excuse
for an act which lie had held in abey-
ance TOR at least eighteen months. No
public calamity was imminent. No
pesJiIentiai plague threatened tile
people or their domestic animals. The
finances of the state were claimed to
be i'll excellent condition but the ex-
cheQuer was not surfeited with cash.
Our domestic condition was one of
peace. The prospect of change OF
administration found the people of
Kansas more prosperous, busy and
contenUed than they had been for
years. The assurances" were not
the spontaneous offerings of the peo-
pie. they made no demands for fur
ther legislation. In fact, they had
recently repudiated at the polls the
party which threatened them with
the legislation the extra session was
called to pass and had elected new
legislature which was to meet accord
ing to existing law only one month
later than the date of the governors
unusual call.
Giving the governor the benefit OF
the charitable admission that railroad
legislation was advisable or even de-
Sirable, the need of it was no more ur-
gent than it was before election or at
any time since his election or since
his veto of a similar act passed by the
same legislature.
To go further, taking the most eX-
treme view of the case: Surprising
there was extraordinary and urgent
need of legislation, of which the gem
eral public was not aware, there was
yet no intimation in the CALI or
premonitory circumstances making it
apparent that great public disaster
was impending and might drop as
pail over the devoted and unsuspect-
ing people of the state before the
meeting of the new legislature in reg
ular session. That the members of
the old legislature were themselves
unsurpassed or carelessly ignorant of
such urgent or extraordinary need or
of any impending calamity, to be
avoided by their hasty action. is prov
en- by the fact that the law, when
passed, was made to become operative
months in advance, even after the
new legislature should have met and
adjourned. That no urgent need of
railroad legislation was impoverish-
ing or threatening the people is fur
Their evidence by the additional fact
that existing law was repealed. proba-
BILE leaving the people without any
protection, whatever, against the
rapacity of corporate greed.
We must look further for the emer-
gency which made the executive call
Imperative. 1t could not have been
the exigency of railroad extortion.
Thus left in the dark of the real OBJ
ject to be attained by the extra ses-
sion and some extraordinary" condi-
tion being prerequisite to legal action
1t is not strange that serious doubt
exists regarding the status of all acts
passed at that time. These doubts
e - Ill exist in the public mind until the
ones are tested be the courts, directly