The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-03-28
MY HIVE TO CLOSE
This Possibility Confronts
University and Normal.
COUNCIL BILL NO. 2"
Will Engross the Attention of
the Regents Today,

Guthrie O. T.. March N.-(Special.)-
The board Of regents of the territorial
university will meet at Norman tomorrow,
and at this meeting the question of clos
ing the university under the provisions of
council bill NO. will be seriously dis
cussed. Treasurer Thompson has already
refused to register the warrants OF the
Edmond normal school, under that section
of the bill which prohibits territorial Of
fcers from issuing or paying any war
rants, or orders, in excess OF approprla-
ton of the legislative assembly. The uni
versity 81 in the same dilemma as the
normal school. 1t was provided with a
tax levy, but the legislature failed TO
make a specific appropriation of the fund,
consequently the territorial treasurer ar
CUES that TO honor the university war
rants would make him guilty Of a INSIDE
meanor and liable to a fine of 81, 600. What
has subsequently occurred was pointed
out by the governor in his message re
turning the bill to the legislature with his
veto, wherein he said:
1.-The ffty-ninth day Of your session has
arrived and no specific appropriations
have as yet been made to carry on the
various branches of the territorial SER
vice and no bill for that purpose has been
perfected in either branch OF the legisla-
tive assembly.
81 feel sure that 1t is not the purpose
of either branch of your honorable assem-
bly, 10 permit the session to expire with
out reasonable provoision for the public
service, but in view of the de,ay in con-
sidering and perfecting measures of this
character, it is not unlikely that matters
OF Importance may be overlooked or in
advertently omitted from any bill that
may be hastily considered in the closin
hours Of the session. The law as it now
stands prohibits the drawing of any war
rant upon any fund after the appropria-
ton therefor IS exhausted, and any viola
ton of that law is punishable as misde-
meanor.
"Our laws provide in many places for
executive action in various public matters
requiring the issuance of warrants upon
the treasurer, which our supreme court
has decided that in the absence of specific
appropriation are nevertheless authorized
and necessary to carry out the purpose
and intent Of the law. The language of
section l og this bill is so comprehensive
that in the absence of specific and SUI
fieient appropriations it would be impos-
sible to carry into effect the provisions of
the following statutes:
Statutes Of 1898, chapter !, Agricultural
and Mechanical college; chapter SO. nor
NAL schools; chapter 81 university; article
q, chapter IS, fugitives and escaped con-
victs.
Laws of 1895: Chapter IS. supreme court
stenographers; chapter so, veterinary sur
geon; chapter 80, militia
Laws of 1897: Chapter /, Langston uni
versity; chapter &c, care Of insane, dear,
dumb and blind; section 13, chapter u,
assessors; section l. chapter SO, supreme
court reports and indexfng.
''Evn certificates showing service and al
lowance Of accounts of territorial officers
could not be issued, and all territorial
educational and charitable institutions
must be closed.
The present law seems to me 20 he
amply sufficient to guard the territory
against the unlawful issuance Of any from
Of warrant or order upon the treasury I
ough investigation OF these matters bv
gour joint committee. no evidence has been
found that any Illegal warrants have ever
been drawn, with the possible exception of
two or three which may have been issued
upon forged or fraudulent claims for
amounts not exceeding the aggregate sum
Of one hundred dollars, and this bill would
have no restraining effect in such a case.
The embarrassing effect of this bill if
enacted, in case of an inadvertent omis-
sion 10 make sufficient or specific appro-
priation in many instances would be dam
aging 70 the public service and lead per
haps to expensive litigation in the courts
or to failure to properly and effectively
administer the laws of the territory"
As Will be remembered by those familiar |
with legislative historythe bill was passed !
over the governors veto by the council |
after second effort when the first vote |
failed, and in the house a second vote was |
also taken to overcome the governors oh /