The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-03-17
WHY He uSAPPROVES
Governor Barnes Open Letter
to the Members.
FROM WOODS COUNTY
Stating His Reasons for We
toing the Division Bill.

evening, Governor Barnes addressed the
following open letter TO the members OF
the assembly from that county, giving his
reasons for declining TO sign the bill:
Hon. ]. P. Candy, Councillor Twelfth
District and Hon. Ezra Hartshorn. nam
Der Twenty-third District:
'Gentlemen-I have given careful con-
sideration to house bill No. les, entitled
An act to create the county of Mckinley
out Of Woods county, etc." and have
heard large number of the people affect
ed by the terms Of the bill and have care
fully examined a number of petitions, let
tiers and kilograms from citizens of Woods
| county in regard to the desirability and
propriety of signing the same.
L desire to say that I am thoroughly
convinced of the sincerity of motive and
the earnestness Of purpose actuating every
person who has appeared before me in
regard to this bill and that each and all
| of them believe the course they advocate
! TO be for the best interests of the people
whom they represent and for whom they
! speak.
i have determined that it is my duty
to withhold my sanction and approval 20
| this bill for the following reasons, viz:
'First-It is questionable whether this
legislation is not inconsistent with the laws
of the United States, and such as is pro-
hib1ted by the United States statutes. To
| sign this bill under such circumstances
would, 1 fear, plunge your people into an
endless and an expensive litigation, would
create much ill-fs2ling and bad blood be-
tween neighbors and friends and would
be followed by disastrous consequences,
which would remain among you for many
years. careful analysis of the law bear
ing upon this question is as follows:
mo general power to change either The
boundaries Of counties or names of county
seats within this territory is expressly
conferred upon the legislative assembly
by any of the laws of the United States
Such power might be presumed from the
provisions of section Gail rightful sub
jects of legislationD and the second para
graph Of section of the organic act, and
stronger and perhaps controlling infer
ence as to the existence of such power.
however, arises from the provisions of the
HARRISON act, which prohibits the doing
of either of these things by local or spe-
cial legislation. The Harrison act pro-
hibits the enactment of local or special
laws in instances therein specified and in
all other cases where a general act can
be mada applicable.
Assuming that the power is vested in
the legislature, the question arises whether
or not it has been properly exercised in
the enactment of house bill No. 16s.
tive assembly affects only one of a num-
Der of Ike municipal bodies (counties) and
is applicable to only portion of the ter
ritory. 1t IS both local and special legis-
lation within section 1 of the Harrison
act
THE second clause of the Harrison act
prohibits the changing of name of place
by special local laws. Section 1 of the
bill proposes TO change the name Of a
portion of a given territory from Woods
to Mckinley county. The word place
comprehends county.
Section of this bill locates the county
seat of Mckinley county at Cleo. This is
obnoxious to the fifth clause Of the 'Har-
rison act and is imperative.
THE last clause of section of the Tfar-
rison act prohibits the enactment of any
special law in cases where a general law
can be made applicable. Sections 9 and
Of article l, chapter Is. laws of 1885, a law
Of general application. anticipates every
condition which might arise upon the
proper division of a county and makes
ample provision for the filling of vacancies
in offices, both in the old and newly GSe-
ated counties. The existence of law OF
general operation applicable to the matter
is conclusive; there is no necessity for a
special one. Section of this bill, is, there
fore, without legal efficacy.
Il do not believe that in comforting upon
the secretary of the interior authority TO
fix, before opening lands 20 settlement, the
boundaries of counties. congress thereby
intended to deprive our legislature of the
power to afterwards change the same. but
I am Of the opinion that such change OF
boundaries Of counties, location, re-loca-
ton or change of names of county seats
can only be effected by a general law OPP
plicable to the whole territory.
The bill ia also defective in some par
ticulars. among which I note a provision
that the property Of Woods county shall
be divided between the two counties.
Woods county owns no property except
the square upon which the court house and
iails stand and this was donated By the
United States for the specific purpose for
which It is now used. Any attempt to
divide it or TO use il for other purposes
would be a violation Of the terms OF this
donation and il would likely revert 20 the
United States. The bill proposes 20 legis-
late persons out OF Office who were elected
last fall in Woods counSy and who reside
within the lines Of the proposed new
county. These are minor objections. per
hans. but, IN addition 70 the very import
ant legal questions involved and which I
have stated. e ssens % me TIA, e would
be unwise and lmpolitlc 70 divide WOODS
county az the present time. for the rea-
son that & would entail upon the people
the expense OF The present one. which tia
people can 81 AFFORD TO undertake 70 do (
The expense of books and blanks. . com /
mence with. would amount 20 thousands /
Of dollars and must be paid By increased (
taxation % the people The population ard !
wealth q your county is not sufficient - :
Justify s.-h large increase q taxation I
as mus. necessarily f8lloE this dzvisiol I
OF your county. note over 400 nsnes 4
OF 5ei.nqsert raxpayers II your county for /
the frst half cf ths taNss % isfs. noT past 4
due. which = co-rob5-astve % me szggss-
ton that j. voud - hardship and buy /
den upon pour people 70 increase +he eK-
1enses CT county government nearly 20 4
yer cent. Eaica increase ngst Be pad BY 4
additional taxaticn OF thslr properly
a measure % - mach importance -
~, naoo,s snoui6 not D. enacted xtsho1t
tssi- consent. Provision shosid have ben
mssa .ns- tha proposed dsvisioz s1oslE