The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-09-24
CHANGE IS MADE
First Ward Set Out of First
Commissioner District.
DEMOPOPS ARE SCARED
And Resort to Gerrymander to
Help VaIendine.

out of the First commissioner district, to
the surprise of everybody. The only au-
! thority they had for such an action was
the opinion of Sam Amidon, who con-
| tends that the legislature had regulated
! the boundaries of commissioners districts
| missioner districts the same. The opinion
! of Attorney General GODDARD and also OF
Judge Webb of Topeka, whom the Popu-
! list legislature employed to revise the
statutes of 1897, were ignored by Howard
and Wilson, but Commissioner Sealock
could see no lawful reason for such an
unjust manipulation, and he voted against
the proposition. Mr.. Wilson was also
against it until very recently. The entry
on the journal is as follows:
Moved by Howard and seconded by
Wilson, that in pursuance to the laws of
the state of Kansas and to chapter III,
session laws of 1897 wherein it was de-
clared that the Seventeen representative
district of the state of Kansas should be
and include the township of Eagle and
all that portion of Sedgwick county lying
east of the Arkansas river, except She
First Second and Third wards Of the
city Of Wichita AMI Greeley township,
should constitute the Seventeen repre-
sentative district, that it is hereby re-
solved and declared in pursuance to the
general statutes of the state of Kansas
that the First commissioner district Of
Sedgwick county, Kansas, shall be and in
clude the township of Eagle and all that
part of Sedgwick county lying east Of
the Arkansas river, except the First, Sec
ond, Third and Fourth wards Of Wichita
city and Greeley township, and that the
said First commissioner district shall
be and comprise the following townships.
to-wit: Eagle. Valley Center, East Park,
Grant, Kechi, Wichita township, Lincoln,
Payne, Minneha, Gypsum, Rockford, and
the Sixth ward of the city of Wichita"
The opinion of the attorney general in
answer to a request from this county on
the subject of changing the boundaries
Of the commissioner district is as follows:
There have been several acts Of the
legislature relative to commissioner dis
tricts, but I think the law is well settled
| at the present time. An act of the leg
islature approved February o. 1868, pro-
vided that in all counties having more
than 24,G00 inhabitants the board of coun-
ty commissioners should consist Of one
qualified elector from each township and
| ward of any city of the first or second
class in the county.
'"This act was amended by chapter "a
of the laws of 1871, which provided that
in all counties having more than 10000 in
habitants the board of county commits
| sionets should consist of one elector
from each representative district as the
same was established by law at the date
Of the election, etc.; and provided also,
that each county having less than $4,000
inhabitants should be divided by the
board of county commissioners into three
compact districts as equal in population
as possible numbered respectively, one,
two and three, and not subject to alter
alton oftener than once in three years,
etc. g ~
This act of 1871 was amended by chap
ter "A of the laws of 1873, but the amend
ments related only to the frequency with
which alterations should be made in the
boundaries of districts, and provided that
they should be subject to alteration at
least once in three years Chapter "a of
the laws of 1871, as thus amended was
incorporated into the compiled laws of
| 1879, compiled laws Of 1885 and the Gen
eral Statutes of 1889 but was omitted
from the General Statutes OF 1897. All
distinction, however, between counties
having less and those having more than
10000 inhabitants was obliterated by the
constitutional amendment which was
adopted in 1876, and which now stands
as section of article Of the constitu-
ton. and provides as follows:
"'An county officers shall hold their
Office 70 rthe term of two years. and until
their successors shall be qualified, except
county commissioners, who shall hold
their office for the term of three years;
provided, that at the general election in
the year eighteen hundred and seventy
seven the commissioner elected from dis
trict number one in each county shall
hold his Office for the term Of one year,
the commissioner elected rom district
number two in each county shall hold
his Office for the term of two years. and
the commissioner elected from district
number three in each county shall hold
his Office for the term of three years
~sc
There is at present therefore. no
| reason or authority in law for making
| the commissioner districts correspond to
the representative districts unless there
are three representative districts. and by
50 doing the county is divided into three
| compact commissioner districts as equal
| in population as possible. In all counties.
without respect to the number CT in
habtants it is the duty OF the board Of
county commissioners TO provide for
three commissioner districts answering
TO the above description namely. that
they shall be compact and as equal in
| population as possible.
II take it that this law means Just
what it says; and II az the present time
your county IS divided into three COM
/ missioner districts. which are compact
and as equal in population as possible.
the board of county commissioners can
not lawfully re-district the county in
such manner as 70 make a greater dis
parity between the number ot inhabi-
/ tants in the several districts. The only
| change IN the boundaries OF the districts
/ the Jaw would warrant them in making
would be one which would make the pop
I ulaiion OF the three more equal. and not
I more unequal. The fact that Sedgwick
Z county has more than Sa1oo inhabitants
! does not warrant the board o. county
| commissioners in changing the boundar-
+ les OF the commissioner districts for The
! purpose OF making them correspond 70
! the representative districts, regardless OF
I The fact thai such charge would render
i the districts more uneqEzI IN population