The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-07-24
THE AUDITORIUM.
The Pail Reaches Iowa-CoL Har-
rison's Views

r1SOn' s Views
To the Editor of the State Journal:
The pail which has fallen upon our
fair city by the decision in the city hall
case has, through the State Journal,
reached me here although four hundred
miles away. 1t seems indeed strange
that twenty-eight kickers should tri-
umph, even temporarily, over the bal
ance of the forty thousand good people
in Topeka There is an old saying that
the voice of the people is the voice of
God. But that don't apply to Topeka,
not now.
1t may also seem strange that the
only lawyer who could be found to
take UP this fight on the twenty light
kickers against public ownership, refer
endum, the voice of the people and the
public good is the most avowed social
list in the state Of Kansas whose meat
and stock in trade for many years has
been in advocating public ownership,
by force or otherwise, not only of pub
lie utilities but of everything else that
exists. He objected to the legality of
the bonds because women were allowed
to vote at the election, but he has
worn out more than one suit of clothes
travelling over the state preaching the
doctrine of woman suffrage for a con-
sideratiOn. The kickers probably know
their friends and know how to use them
Nor do the questions of law seem to
be so one sided that the city should
hesitate in obtaining an early decision
from the court of last resort.
The evident intention of the trainers
of the constitution was that section one
of article twelve should apply to private
corporations and not to cities, towns
and villages, for cities towns and vii
lagos are wholly covered by section five
of said article. Section two thereof re
lateS to double liza bility of stockholders
and could not by any forced cOnstruc-
ton be made to apply to cities although
its use of the word corporation" is
fully as broad as it is in section one,
while section two excerpts from its
provisions railroad corporations and
corporations for religious or charitable
purposes, thus leaving the presumption
that it covers all corporations other
than those excepted. Section six de
fines the term corporation as used in
this article and says it shall include
all the associations and joint stock
companies having powers and priv
ilegeS not possessed by individuals or
partnerships" and having defined what
it does include it necessarily excludes
all others. This section one was I'M
doubtedly intended to prevent the
abuses that might arise from creating
private corporations by special acts Of
the legislature. 1t has no application
to counties and it takes either a forced
or admitted construction to make it ap-
ply to cities any more than to counties.
The construction which has partly
grown up applying it to cities is found
ed upon the admissions of Htgants or
a miscOnception of the intention Of the
makers of the constitution.
This is also apparent from the fact
InaC IN the same DIedln ana as part OF
said section the makers of the cOnstitu-
ton further Sai6-tfk4zsas=t---7a corporations
may be created under general laws;
but all such laws may be amended or
repealed Is it reasonable to suppose
that the makers of the constitution in
tended that this should apply to cities
and that all cities, no matter how
great, with all their rights and obhga-
tons might be wiped out by simply re-
pealing the laws under which they
were created?
Public policy, which is above all con-
situations, would not permit any such
forced construction as that Hence it
seems clear that it requires judicial leg
islatiOn to make said section one apply
to cities and not only judicial legisla-
ton but judicial making of cOnstitu-
tional provisions
Section one of article two locates the
legislative power in a house of repre-
sentatives and senate and section
seventeen of that article provides that
AL laws of a general nature shall have
a uniform operation throughout the
state; and in all cases where a general
law can be made applicable, no special
law shall be enacted" This is the sec
ton under which the question Of special
or general legislation should be tried and
the courts hold that the legislature in
enacting a special law is to be the Judge
err it is case where a general law can
be made applicable and that the courts
will be bound by that determination
and uphold the law. This is the only
way in which the coordinate powers
of our government can be maintained
would become the one governing pow
er and the others simply subordinate
T. w. HARRISON.
Spirit Lake, Iowa.